S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2205
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, the  administrative  code  of
   the city of New York and the real property law, in relation to classi-
   fying  properties held in condominium and cooperative form for assess-
   ment purposes  as  class  one-a  properties;  and  to  repeal  certain
   provisions of the real property tax law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1802 of the real property tax law,
 as separately amended by chapters 123 and 529 of the laws of 1990, para-
 graph class one as amended by chapter  332  of  the  laws  of  2008,  is
 amended to read as follows:
   1.  All  real property, for the purposes of this article, in a special
 assessing unit shall be classified as follows:
   Class one: (a) all one, two and three family residential real  proper-
         ty,  including  such  dwellings  used in part for nonresidential
         purposes but which are used primarily for residential  purposes,
         except such property held in cooperative or condominium forms of
         ownership  other  than (i) property defined in subparagraphs (b)
         and (c) of this paragraph and (ii) property  which  contains  no
         more  than  three  dwelling  units  held  in condominium form of
         ownership and which was classified within this class on a previ-
         ous assessment roll;  and  provided  that,  notwithstanding  the
         provisions of paragraph (g) of subdivision twelve of section one
         hundred  two  of  this chapter, a mobile home or a trailer shall
         not be classified within this class unless it is  owner-occupied
         and  separately  assessed; and (b) residential real property not
         more than three stories in height held in  condominium  form  of
         ownership, provided that no dwelling unit therein previously was
         on an assessment roll as a dwelling unit in other than condomin-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05351-01-3
              

 S. 2205                             2
 
         ium  form  of  ownership;  and  (c)  residential  real  property
         consisting of one family house structures owned by the occupant,
         situated on land held in cooperative ownership by owner  occupi-
         ers,  provided  that; (i) such house structures and land consti-
         tuted bungalow colonies in existence prior to  nineteen  hundred
         forty;  and  (ii)  the land is held in cooperative ownership for
         the sole  purpose  of  maintaining  one  family  residences  for
         members  own  use;  and  (d)  all  vacant  land located within a
         special assessing unit which is a city (i) other than such  land
         in  the borough of Manhattan, provided that any such vacant land
         which is not zoned  residential  must  be  situated  immediately
         adjacent  to  property  improved with a residential structure as
         defined in subparagraphs (a) and (b) of this paragraph, be owned
         by the same owner as such immediately adjacent residential prop-
         erty immediately prior to and since January 1, 1989, and have  a
         total area not exceeding 10,000 square feet; and (ii) located in
         the  borough of Manhattan north of or adjacent to the north side
         of 110th street provided such vacant land was classified  within
         this  class on the assessment roll with a taxable status date of
         January 5, 2008 and the owner of such land has  entered  into  a
         recorded  agreement  with  a  governmental  entity  on or before
         December 31, 2008 requiring construction of  housing  affordable
         to  persons  or  families  of  low income in accordance with the
         provisions of the private housing finance  law.  Notwithstanding
         the foregoing, such vacant land shall be classified according to
         its  use on the assessment roll with a taxable status date imme-
         diately  following  commencement   of   construction,   provided
         further,  that  construction  pursuant  to  an approved plan for
         affordable housing shall commence no  later  than  December  31,
         2010; and (e) all vacant land located within a special assessing
         unit  which  is not a city, provided that such vacant land which
         is not zoned residential must be situated  immediately  adjacent
         to real property defined in subparagraph (a), (b) or (c) of this
         paragraph and be owned by the same person or persons who own the
         real  property defined in such subparagraph immediately prior to
         and since January 1, 2003;
   CLASS ONE-A: ALL OTHER RESIDENTIAL REAL PROPERTY HELD  IN  CONDOMINIUM
         OR  COOPERATIVE  FORM  OF  OWNERSHIP  WHICH IS NOT DESIGNATED AS
         CLASS ONE; THE DEPARTMENT OF FINANCE  OF  ANY  CITY  ENACTING  A
         LOCAL  LAW PURSUANT TO THIS SECTION SHALL RECLASSIFY CLASS ONE-A
         PROPERTIES USED PRIMARILY TO GENERATE  RENTAL  INCOME  TO  CLASS
         TWO.  THE DEPARTMENT OF FINANCE OF ANY CITY ENACTING A LOCAL LAW
         PURSUANT TO THIS SECTION SHALL HAVE, IN ADDITION  TO  ANY  OTHER
         FUNCTIONS, POWERS AND DUTIES WHICH HAVE BEEN OR MAY BE CONFERRED
         ON  IT  BY  LAW, THE POWER TO MAKE AND PROMULGATE RULES TO CARRY
         OUT THE PURPOSES OF THIS SECTION INCLUDING, BUT NOT LIMITED  TO,
         RULES  DEFINING  THE  CLASS  ONE-A  PROPERTIES PRIMARILY USED TO
         GENERATE RENTAL INCOME, AND RELATING TO  THE  TIMING,  FORM  AND
         MANNER  OF ANY CERTIFICATION REQUIRED TO BE SUBMITTED UNDER THIS
         SECTION. IF A PROPERTY PREVIOUSLY RECLASSIFIED FROM CLASS  ONE-A
         TO  CLASS  TWO  CEASES  TO  BE USED PRIMARILY TO GENERATE RENTAL
         INCOME, THE DEPARTMENT SHALL RECLASSIFY SUCH PROPERTY  TO  CLASS
         ONE-A.  THE  DEPARTMENT SHALL USE A FIVE-YEAR PERIOD WHEN DETER-
         MINING WHETHER A PROPERTY IS USED PRIMARILY TO  GENERATE  RENTAL
         INCOME;
 S. 2205                             3
 
   Class two: all other residential real property which is not designated
         as  class one OR CLASS ONE-A, except hotels and motels and other
         similar commercial property;
   Class  three:  utility  real  property  and property subject to former
         section four hundred seventy of this chapter;
   Class four: all other real property which is not designated  as  class
         one, CLASS ONE-A, class two, or class three.
   §  2.  The  real  property  tax law is amended by adding a new section
 1803-c to read as follows:
   § 1803-C. CALCULATION OF SHARES.  1. FOR THE CALENDAR YEAR  TWO  THOU-
 SAND  TWENTY-TWO,  NOTWITHSTANDING  THE  PROVISIONS OF SECTIONS EIGHTEEN
 HUNDRED THREE, EIGHTEEN HUNDRED THREE-A, AND EIGHTEEN HUNDRED THREE-B OF
 THIS ARTICLE TO THE CONTRARY, THE NEW YORK CITY COMMISSIONER OF  FINANCE
 SHALL ESTABLISH A NEW CLASS ONE-A PURSUANT TO SUBDIVISION ONE OF SECTION
 EIGHTEEN  HUNDRED  TWO  OF  THIS  ARTICLE AND SHALL CALCULATE SHARES FOR
 CLASS ONE, CLASS ONE-A, CLASS TWO, CLASS THREE AND CLASS FOUR WHERE  THE
 BASE  YEAR  USED IN THE CALCULATION OF THE CURRENT BASE PROPORTION SHALL
 BE THE 2017 ASSESSMENT ROLL AND THE SUM OF CLASS  ONE-A  AND  CLASS  TWO
 SHALL NOT EXCEED THE PRIOR YEAR ADJUSTED BASE PROPORTION FOR SUCH CLASS-
 ES.
   2.  AFTER TWO THOUSAND TWENTY-THREE, ASSESSMENT ROLLS PREPARED ACCORD-
 ING TO JANUARY  FIRST,  TWO  THOUSAND  TWENTY-FIVE,  THE  ADJUSTED  BASE
 PROPORTIONS  FOR CLASS ONE AND CLASS ONE-A, SHALL NOT EXCEED EACH CLASS'
 PRIOR ADJUSTED BASE PROPORTION BY MORE THAN FIVE PERCENT.
   3. IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE,  SUCH  CITY'S
 TAX  FIXING  RESOLUTION SHALL SET A TAX RATE FOR CLASS ONE-A IN THE SAME
 MANNER AS ALL CLASS SHARES ARE CALCULATED PURSUANT TO SECTIONS  EIGHTEEN
 HUNDRED  THREE, EIGHTEEN HUNDRED THREE-A AND EIGHTEEN HUNDRED THREE-B OF
 THIS ARTICLE.
   4. THE ASSESSMENT RATIO FOR CLASS ONE-A SHALL BE SIX PERCENT.
   § 3. Subdivision 1, paragraph (c) of subdivision 2 and  subdivision  4
 of  section 307-a of the real property tax law, as added by section 1 of
 part G of chapter 63 of the  laws  of  2003,  are  amended  to  read  as
 follows:
   1.  Generally.   Notwithstanding any provision of any general, special
 or local law to the contrary, any city with a population of one  million
 or more is hereby authorized and empowered to adopt and amend local laws
 in  accordance  with  this section imposing an additional tax on certain
 class one AND CLASS ONE-A properties, as such properties are defined  in
 section eighteen hundred two of this chapter, excluding vacant land.
   (c)  "Net real property tax" means the real property tax assessed on A
 class one OR CLASS ONE-A property after deduction for any  exemption  or
 abatement received pursuant to this chapter.
   4. Property subject to additional tax. Such surcharge shall be imposed
 on  class  one  AND  CLASS  ONE-A  property, excluding vacant land, that
 provides rental income and is not the primary residence of the owner  or
 owners  of  such class one OR CLASS ONE-A property, or the primary resi-
 dence of the parent or child of such owner or owners.
   § 4. Paragraph (f) of subdivision 1 of section 467-a of the real prop-
 erty tax law, as added by chapter 273 of the laws of  1996,  is  amended
 and a new paragraph (m) is added to read as follows:
   (f)  "Property"  means  real property designated as class [two] ONE-A,
 pursuant to section eighteen hundred two of this chapter,  held  in  the
 cooperative or condominium form of ownership.
   (M) "MARKET VALUE" SHALL BE CALCULATED BY THE NEW YORK CITY DEPARTMENT
 OF FINANCE BASED UPON COMPARABLE SALES.
 S. 2205                             4
 
   §  5.  Subdivision  2 of section 467-a of the real property tax law is
 amended by adding seven new  paragraphs  (d-7),  (d-8),  (d-9),  (d-10),
 (d-11), (d-12) and (d-13) to read as follows:
   (D-7)  ELIGIBLE  DWELLING  UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS LESS THAN OR EQUAL TO SIX HUNDRED FIFTY THOUSAND DOLLARS  SHALL
 RECEIVE  A  PARTIAL  ABATEMENT OF REAL PROPERTY TAXES ATTRIBUTABLE TO OR
 DUE ON SUCH DWELLING UNITS, NOT TO EXCEED THIRTY-THREE  PERCENT  IN  THE
 FISCAL  YEAR  COMMENCING  IN  CALENDAR YEAR TWO THOUSAND TWENTY-FOUR AND
 THEREAFTER.
   (D-8) ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE  AVERAGE  UNIT  MARKET
 VALUE IS BETWEEN SIX HUNDRED FIFTY THOUSAND ONE DOLLARS TO SEVEN HUNDRED
 FIFTY  THOUSAND  DOLLARS  SHALL  RECEIVE A PARTIAL ABATEMENT OF THE REAL
 PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH  DWELLING  UNITS,  NOT  TO
 EXCEED  TWENTY-TWO AND FIVE-TENTHS PERCENT IN THE FISCAL YEAR COMMENCING
 IN CALENDAR YEAR TWO THOUSAND TWENTY-FOUR AND THEREAFTER.
   (D-9) ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE  AVERAGE  UNIT  MARKET
 VALUE  IS  BETWEEN SEVEN HUNDRED FIFTY THOUSAND ONE AND ONE MILLION FIVE
 HUNDRED THOUSAND DOLLARS SHALL RECEIVE A PARTIAL ABATEMENT OF  THE  REAL
 PROPERTY  TAXES  ATTRIBUTABLE  TO  OR DUE ON SUCH DWELLING UNITS, NOT TO
 EXCEED SEVENTEEN AND FIVE-TENTHS PERCENT IN THE FISCAL  YEAR  COMMENCING
 IN CALENDAR YEAR TWO THOUSAND TWENTY-FOUR AND THEREAFTER.
   (D-10)  ELIGIBLE  DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS BETWEEN ONE MILLION FIVE HUNDRED THOUSAND ONE DOLLARS  AND  TWO
 MILLION  SIX  HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN DOLLARS
 SHALL RECEIVE A PARTIAL ABATEMENT OF THE REAL PROPERTY  TAXES  ATTRIBUT-
 ABLE  TO OR DUE ON SUCH DWELLING UNITS, NOT TO EXCEED THIRTEEN AND THIR-
 TEEN-HUNDREDTHS PERCENT IN THE FISCAL YEAR COMMENCING IN  CALENDAR  YEAR
 TWO THOUSAND TWENTY-FOUR AND THEREAFTER.
   (D-11)  ELIGIBLE  DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS BETWEEN TWO MILLION SIX HUNDRED SIXTY-SIX THOUSAND SIX  HUNDRED
 SIXTY-EIGHT  DOLLARS  AND THREE MILLION EIGHT HUNDRED THIRTY-THREE THOU-
 SAND THREE HUNDRED THIRTY-THREE DOLLARS SHALL RECEIVE A  PARTIAL  ABATE-
 MENT  OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING
 UNITS, NOT TO EXCEED EIGHT AND SEVENTY-FIVE  HUNDREDTH  PERCENT  IN  THE
 FISCAL  YEAR  COMMENCING  IN  CALENDAR YEAR TWO THOUSAND TWENTY-FOUR AND
 THEREAFTER.
   (D-12) ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE  UNIT  MARKET
 VALUE IS BETWEEN THREE MILLION EIGHT HUNDRED THIRTY-THREE THOUSAND THREE
 HUNDRED  THIRTY-FOUR  DOLLARS  AND  FIVE MILLION DOLLARS SHALL RECEIVE A
 PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR  DUE  ON
 SUCH  DWELLING  UNITS,  NOT  TO  EXCEED FOUR AND THIRTY-EIGHT HUNDREDTHS
 PERCENT IN THE FISCAL YEAR COMMENCING  IN  CALENDAR  YEAR  TWO  THOUSAND
 TWENTY-FOUR AND THEREAFTER.
   (D-13)  ELIGIBLE  DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS FIVE MILLION DOLLARS OR MORE SHALL RECEIVE A PARTIAL  ABATEMENT
 OF  THE  REAL  PROPERTY  TAXES  ATTRIBUTABLE  TO OR DUE ON SUCH DWELLING
 UNITS, NOT TO EXCEED ZERO PERCENT  IN  THE  FISCAL  YEAR  COMMENCING  IN
 CALENDAR YEAR TWO THOUSAND TWENTY-FOUR AND THEREAFTER.
   §  6.  The  real  property  tax law is amended by adding a new section
 467-a-1 to read as follows:
   § 467-A-1. ENHANCED PARTIAL ABATEMENT  FOR  CERTAIN  CONDOMINIUMS  AND
 COOPERATIVE RESIDENCES. 1. IN ADDITION TO THE PARTIAL ABATEMENT RECEIVED
 PURSUANT  TO  SECTION FOUR HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE, IN THE
 FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOUSAND TWENTY-FOUR, ELIGI-
 BLE UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET VALUE IS LESS  THAN  SIX
 HUNDRED FIFTY THOUSAND DOLLARS SHALL RECEIVE AN ENHANCED ABATEMENT EQUAL
 S. 2205                             5
 
 TO  THE  EXCESS  ABOVE  TWO  PERCENT OF THE DIFFERENCE BETWEEN THE PRIOR
 YEAR'S PROPERTY TAX AND THE CURRENT YEAR'S PROPERTY TAX.
   2.  IN  ADDITION TO THE PARTIAL ABATEMENT RECEIVED PURSUANT TO SECTION
 FOUR HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE, IN THE FISCAL YEAR  COMMENC-
 ING IN CALENDAR YEAR TWO THOUSAND TWENTY-FIVE, ELIGIBLE UNITS IN PROPER-
 TY  WHOSE AVERAGE UNIT MARKET VALUE IS LESS THAN SIX HUNDRED FIFTY THOU-
 SAND DOLLARS SHALL RECEIVE AN ENHANCED ABATEMENT  EQUAL  TO  THE  EXCESS
 ABOVE  FOUR  PERCENT OF THE DIFFERENCE BETWEEN THE PRIOR YEAR'S PROPERTY
 TAX AND THE CURRENT YEAR'S PROPERTY TAX.
   3. IN ADDITION TO THE PARTIAL ABATEMENT RECEIVED PURSUANT  TO  SECTION
 FOUR  HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE, IN THE FISCAL YEAR COMMENC-
 ING IN CALENDAR YEAR TWO THOUSAND TWENTY-SIX  AND  THEREAFTER,  ELIGIBLE
 UNITS  IN  PROPERTY  WHOSE  AVERAGE  UNIT  MARKET VALUE IS LESS THAN SIX
 HUNDRED FIFTY THOUSAND DOLLARS SHALL RECEIVE AN ENHANCED ABATEMENT EQUAL
 TO THE EXCESS ABOVE SIX PERCENT OF  THE  DIFFERENCE  BETWEEN  THE  PRIOR
 YEAR'S  PROPERTY  TAX  AND THE CURRENT YEAR'S PROPERTY TAX. THE ENHANCED
 CONDOMINIUM AND COOPERATIVE ABATEMENT SHALL NOT BE  ELIGIBLE  FOR  UNITS
 WHERE THE COMMISSIONER DETERMINES THAT RENOVATION OR CONSTRUCTION WITHIN
 THE  UNIT  OR BUILDING HAS PRODUCED A SUBSTANTIAL YEARLY INCREASE IN THE
 UNIT'S ASSESSED VALUE.
   § 7. Subdivision 7 of section 499-aaa of the real property tax law, as
 added by chapter 461 of the laws of 2008, is amended to read as follows:
   7. "Eligible building" shall mean a class one, CLASS ONE-A, class  two
 or  class  four  real property, as defined in subdivision one of section
 eighteen hundred two of this chapter, located within  a  city  having  a
 population of one million or more persons. No building shall be eligible
 for more than one tax abatement pursuant to this title.
   §  8.  Subdivision 7 of section 499-aaaa of the real property tax law,
 as added by chapter 473 of the laws of  2008,  is  amended  to  read  as
 follows:
   7.  "Eligible building" shall mean a class one, CLASS ONE-A, class two
 or class four real property, as defined in subdivision  one  of  section
 eighteen  hundred  two  of  this chapter, located within a city having a
 population of one million or more persons. No building shall be eligible
 for more than one tax abatement pursuant to this title.
   § 9. Paragraph (b) of subdivision 3 of section 522 of the real proper-
 ty tax law, as added by chapter 714 of the laws of 1982, is  amended  to
 read as follows:
   (b)  in  a  special  assessing  unit,  the  determination, pursuant to
 section eighteen hundred two of this chapter, of whether  real  property
 is included in class one, ONE-A, two, three or four.
   § 10. Subdivision 10 of section 523-b of the real property tax law, as
 added by chapter 593 of the laws of 1998, is amended to read as follows:
   10.  On  or before April first, each year the commission shall mail to
 each applicant, who has filed an application for the correction  of  the
 assessment,  a  notice  of the commission's determination of such appli-
 cant's assessment. Such notice shall also contain the  statement  as  to
 the final determination of the assessment review commission, or a state-
 ment  that  the  commission  has  not yet made a determination as to the
 final assessed valuation which shall be made as soon as the  petitioners
 application  is reviewed or heard. If the applicants property is a prop-
 erty defined in subdivision one of section eighteen hundred two of  this
 chapter  as  "Class  1", the commissions determination shall contain the
 statement: "If you  are  dissatisfied  with  the  determination  of  the
 Assessment  Review  Commission  and  you  are the owner of a one, two or
 three family residential structure or residential real property not more
 S. 2205                             6
 
 than three stories in height held  in  condominium  form  of  ownership,
 provided  that  no dwelling unit therein previously was on an assessment
 roll as a dwelling unit in other than condominium form of ownership, and
 you  reside  at  such  residence,  you  may seek judicial review of your
 assessment either under title one of article seven of the real  property
 tax  law  or  under small claims assessment review law provided by title
 one-A of article seven of the real property tax law." Such notice  shall
 also  state that the last date to file petitions for judicial review and
 the location where small  claims  assessment  review  petitions  may  be
 obtained.
   Each  applicant that has filed an application of a property as defined
 in subdivision one of section eighteen hundred two of  this  chapter  as
 "CLASS  1-A",  "Class 2", "Class 3" or "Class 4", shall receive a notice
 as to the final determination of the assessment review commission  or  a
 statement that the commission has not yet made a determination as to the
 final  assessed valuation which shall be made as soon as the petitioners
 application is reviewed or heard. Such applicants  determinations  shall
 contain  the  statement: "If you are dissatisfied with the determination
 of the Assessment Review Commission you may seek judicial review of your
 assessment under title one of article seven of  the  real  property  tax
 law."  Such  notice shall also state the last date to file petitions for
 judicial review. A final determination when rendered shall  contain  the
 same statement. Failure to mail any such notice or failure of the appli-
 cant  to  receive  the same shall not affect the validity of the assess-
 ment.
   § 11. Paragraph (b) of subdivision 3 of section 701 of the real  prop-
 erty tax law, as added by chapter 714 of the laws of 1982, is amended to
 read as follows:
   (b)  In  a  special  assessing  unit,  the  determination, pursuant to
 section eighteen hundred two of this chapter, of whether  real  property
 is included in class one, ONE-A, two, three or four.
   §  12. Subparagraph 2 of paragraph (a) of subdivision 3 of section 720
 of the real property tax law, as amended by chapter 679 of the  laws  of
 1986, is amended to read as follows:
   (2)  "Major  type of property" in special assessing units, for assess-
 ments on rolls completed after December thirty-first,  nineteen  hundred
 eighty-one,  shall  mean  classes  one,  ONE-A,  two,  three and four as
 defined in subdivision one of section eighteen hundred two of this chap-
 ter.
   § 13. The opening paragraph of subdivision 1 of section  1805  of  the
 real property tax law, as amended by chapter 935 of the laws of 1984, is
 amended  and  two  new  subdivisions  1-a  and  1-b are added to read as
 follows:
   The assessor of any special assessing  unit  shall  not  increase  the
 assessment  of  any  individual  parcel classified in class one OR CLASS
 ONE-A in any one year, as measured from the assessment on  the  previous
 year's  assessment roll, by more than six percent and shall not increase
 such assessment by more than twenty percent in any five-year period. The
 first such five-year  period  shall  be  measured  from  the  individual
 assessment  appearing  on  the  assessment  roll  completed  in nineteen
 hundred eighty; provided that if such parcel would not have been subject
 to the provisions of this subdivision in  nineteen  hundred  eighty  had
 this  subdivision  then  been in effect, the first such five-year period
 shall be measured from the first year after nineteen hundred  eighty  in
 which  this  subdivision applied to such parcel or would have applied to
 such parcel had this subdivision been in effect in such year.
 S. 2205                             7
 
   1-A. ASSESSMENT ROLLS COMPUTED  FOR  CLASS  ONE-A  SHALL  INCLUDE  ANY
 OUTSTANDING  PHASED-IN  INCREASES ACCRUED PRIOR TO THE EFFECTIVE DATE OF
 THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE  WHICH  ADDED  THIS
 SUBDIVISION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   1-B.  CLASS  ONE-A PARCELS SHALL BE ASSESSED IN A METHOD COMPARABLE TO
 CLASS ONE PARCELS.
   § 14. Subdivisions e and f of section 11-208.1 of  the  administrative
 code  of  the  city  of  New York, subdivision e as amended by local law
 number 41 of the city of New York for the year 1986 and subdivision f as
 amended by chapter 385 of the laws of  2006,  are  amended  to  read  as
 follows:
   e. As used in this section, the term "income-producing property" means
 property  owned  for the purpose of securing an income from the property
 itself, but shall not include property with an assessed value  of  forty
 thousand  dollars  or  less,  or  residential property containing ten or
 fewer dwelling units or property classified in class one, ONE-A  or  two
 as  defined  in article eighteen of the real property tax law containing
 six or fewer dwelling units and one retail store.
   f. Except in accordance with proper judicial  order  or  as  otherwise
 provided  by law, it shall be unlawful for the commissioner, any officer
 or employee of the  department,  the  president  or  a  commissioner  or
 employee  of  the  tax commission, any person engaged or retained by the
 department or the tax commission on an independent  contract  basis,  or
 any  person,  who, pursuant to this section, is permitted to inspect any
 income and expense statement or to whom a copy, an abstract or a portion
 of any such statement is furnished, to divulge  or  make  known  in  any
 manner  except  as  provided  in  this subdivision, the amount of income
 and/or expense or any particulars set forth or  disclosed  in  any  such
 statement  required  under this section. The commissioner, the president
 of the tax commission, or any commissioner or officer or employee of the
 department or the tax commission charged with the custody of such state-
 ments shall not be required to produce any income and expense  statement
 or evidence of anything contained in them in any action or proceeding in
 any  court,  except  on  behalf of the department or the tax commission.
 Nothing herein shall be construed to prohibit the delivery to  an  owner
 or  his or her duly authorized representative of a certified copy of any
 statement filed by such owner pursuant to this section  or  to  prohibit
 the  publication of statistics so classified as to prevent the identifi-
 cation of particular statements and the items thereof, or  making  known
 aggregate income and expense information disclosed with respect to prop-
 erty classified as class four as defined in article eighteen of the real
 property  tax law without identifying information about individual leas-
 es, or making known a range as determined  by  the  commissioner  within
 which the income and expenses of a property classified as CLASS ONE-A OR
 class  two  falls, or the inspection by the legal representatives of the
 department or of the tax commission of the statement of  any  owner  who
 shall  bring  an  action to correct the assessment. Any violation of the
 provisions of this subdivision shall be punished by a fine not exceeding
 one thousand dollars or by imprisonment not exceeding one year, or both,
 at the discretion of the court, and if the offender  be  an  officer  or
 employee  of the department or the tax commission, the offender shall be
 dismissed from office.
   § 15. Subdivision a of section 11-238 of the  administrative  code  of
 the  city  of New York, as amended by local law number 27 of the city of
 New York for the year 2006, is amended to read as follows:
 S. 2205                             8
 
   a. Imposition of surcharge. A real property tax  surcharge  is  hereby
 imposed  on  class  one  AND CLASS ONE-A property, as defined in section
 eighteen hundred two of the real  property  tax  law,  excluding  vacant
 land,  that  provides  rental income and is not the primary residence of
 the  owner  or  owners of such class one OR CLASS ONE-A property, or the
 primary residence of the parent or child of such owner or owners, in  an
 amount  equal  to zero percent of the net real property taxes for fiscal
 years beginning on or after July first, two thousand  six.  As  used  in
 this  section,  "net  real  property  tax"  means  the real property tax
 assessed on class one property after  deduction  for  any  exemption  or
 abatement received pursuant to the real property tax law or this title.
   §  16. Subdivisions a, a-1, a-2, a-3, a-4 and a-5 of section 11-319 of
 the administrative code of the city of New   York, subdivisions  a,  a-2
 and  a-3  as  amended by local law number 24 of the city of New York for
 the year 2021, subdivisions a-1 as amended, subdivision a-5 as added  by
 local law number 15 of the city of New York for the year 2011 and subdi-
 vision  a-4 as amended by local law number 4 of the city of New York for
 the year 2017, are amended to read as follows:
   a. A tax lien or tax liens on a  property  or  any  component  of  the
 amount thereof may be sold by the city as authorized by subdivision b of
 this section, when such tax lien or tax liens shall have remained unpaid
 in  whole or in part for one year, provided, however, that a tax lien or
 tax liens on any class one property or on  class  [two]  ONE-A  property
 [that  is a residential condominium or residential cooperative], as such
 classes of property are defined in subdivision one of  section  eighteen
 hundred  two  of the real property tax law, may be sold by the city only
 when the real property tax component of such tax lien or tax liens shall
 have remained unpaid in whole or in part for three  years  and,  in  the
 case  of any such class one property that is not vacant land or any such
 class two property that is  a  residential  condominium  or  residential
 cooperative,  as such classes of property are defined in subdivision one
 of section eighteen hundred two of the real property tax law, equals  or
 exceeds  the  sum of five thousand dollars, or, in the case of any class
 two residential property owned by a company organized pursuant to  arti-
 cle  XI of the state private housing finance law [that is not a residen-
 tial condominium or a residential cooperative], as such class of proper-
 ty is defined in subdivision one of section eighteen hundred two of  the
 real  property  tax law, for two years, and equals or exceeds the sum of
 five thousand dollars or, in the case of abandoned class one property or
 abandoned class [two] ONE-A property [that is a residential  condominium
 or  residential  cooperative], for eighteen months, and after such sale,
 shall be transferred, in  the  manner  provided  by  this  chapter,  and
 provided,  further, however, that (i) the real property tax component of
 such tax lien may not be sold pursuant to this subdivision on  any:  (A)
 residential  real  property  in class one that is receiving an exemption
 pursuant to section 11-245.3 or 11-245.4 of this title, or  pursuant  to
 section  four  hundred  fifty-eight  of  the  real property tax law with
 respect to real property purchased with payments received as prisoner of
 war compensation from the United States government, or pursuant to para-
 graph  (b)  or  (c)  of  subdivision  two  of   section   four   hundred
 fifty-eight-a  of  the real property tax law, or where the owner of such
 residential real property in class one is receiving benefits in  accord-
 ance  with department of finance memorandum 05-3, or any successor memo-
 randum thereto, relating to active duty military personnel, or where the
 owner of such residential real property in class one has been allowed  a
 credit  pursuant to subsection (e) of section six hundred six of the tax
 S. 2205                             9
 
 law for the calendar year in which the date of  the  first  publication,
 pursuant  to  subdivision  a  of  section 11-320 of this chapter, of the
 notice of sale, occurs or for the calendar  year  immediately  preceding
 such  date;  or (B) real property that was granted an exemption pursuant
 to section four hundred twenty-a, four hundred  twenty-b,  four  hundred
 forty-six, or four hundred sixty-two of the real property tax law in one
 of  the two fiscal years preceding the date of such sale, provided that:
 (1) such exemption was granted to such real property upon  the  applica-
 tion of a not-for-profit organization that owns such real property on or
 after the date on which such real property was conveyed to such not-for-
 profit  organization;  (2)  the real property tax component of such lien
 arose on or after the date on which such real property was  conveyed  to
 such  not-for-profit organization; and (3) such not-for-profit organiza-
 tion is organized or conducted for one  of  the  purposes  described  in
 paragraph  a  or  paragraph b of subdivision 1 of section 11-246 of this
 chapter, and (ii) the sewer rents component, sewer surcharges  component
 or  water  rents  component of such tax lien may not be sold pursuant to
 this subdivision on any one family residential real  property  in  class
 one or on any two or three family residential real property in class one
 that  is receiving an exemption pursuant to section 11-245.3 or 11-245.4
 of this title, or pursuant to section four hundred  fifty-eight  of  the
 real  property  tax  law  with  respect  to real property purchased with
 payments received as prisoner of war compensation from the United States
 government, or pursuant to paragraph (b) or (c) of  subdivision  two  of
 section  four  hundred  fifty-eight-a  of  the real property tax law, or
 where the owner of any two or three family residential real property  in
 class one is receiving benefits in accordance with department of finance
 memorandum 05-3, or any successor memorandum thereto, relating to active
 duty  military  personnel, or where the owner of any two or three family
 residential real property in class one has been allowed a credit  pursu-
 ant  to subsection (e) of section six hundred six of the tax law for the
 calendar year in which the date of the first  publication,  pursuant  to
 subdivision  a of section 11-320 of this chapter, of the notice of sale,
 occurs or for the calendar year immediately preceding such date.  A  tax
 lien  or  tax  liens on any property classified as a class two property,
 except [a class two property that is a residential condominium or  resi-
 dential  cooperative,  or]  a  class two residential property owned by a
 company organized pursuant to article XI of the  state  private  housing
 finance  law  [that  is  not  a residential condominium or a residential
 cooperative], or class three property, as such classes of  property  are
 defined  in  subdivision one of section eighteen hundred two of the real
 property tax law, shall not be sold by the city unless such tax lien  or
 tax  liens  include  a real property tax component as of the date of the
 first publication, pursuant to subdivision a of section 11-320  of  this
 chapter,  of  the notice of sale.  Notwithstanding any provision of this
 subdivision to the contrary, any such tax lien or tax liens that  remain
 unpaid  in  whole  or  in part after such date may be sold regardless of
 whether such tax lien or tax liens include a real  property  tax  compo-
 nent.  A  tax lien or tax liens on a property classified as a class four
 property, as such class of property is defined  in  subdivision  one  of
 section  eighteen hundred two of the real property tax law, shall not be
 sold by the city unless such tax lien or tax liens include a real  prop-
 erty  tax  component or sewer rents component or sewer surcharges compo-
 nent or water rents component or  emergency  repair  charges  component,
 where  such  emergency repair charges accrued on or after January first,
 two thousand six and are made a lien pursuant to section 27-2144 of this
 S. 2205                            10
 
 code, as of the date of the first publication, pursuant to subdivision a
 of section 11-320 of this chapter, of  the  notice  of  sale,  provided,
 however,  that  any tax lien or tax liens that remain unpaid in whole or
 in  part after such date may be sold regardless of whether such tax lien
 or tax liens include a real property tax component, sewer  rents  compo-
 nent,  sewer  surcharges  component,  water rents component or emergency
 repair charges component.  For purposes of this subdivision,  the  words
 "real property tax" shall not include an assessment or charge upon prop-
 erty  imposed  pursuant  to section 25-411 of the administrative code. A
 sale of a tax lien or tax liens shall include, in addition to such  lien
 or liens that have remained unpaid in whole or in part for one year, or,
 in  the  case  of  any  class one property or class [two] ONE-A property
 [that is a residential condominium or residential cooperative], when the
 real property tax component of such lien or liens has remained unpaid in
 whole or in part for three years, or, in the case of any class two resi-
 dential property owned by a company organized pursuant to article XI  of
 the  state private housing finance law [that is not a residential condo-
 minium or a residential cooperative], when the real property tax  compo-
 nent  of  such lien or liens has remained unpaid in whole or in part for
 two years, and equals or exceeds the sum of five thousand  dollars,  any
 taxes,  assessments,  sewer  rents,  sewer  surcharges, water rents, any
 other charges that are made a lien subject to  the  provisions  of  this
 chapter,  the  costs of any advertisements and notices given pursuant to
 this chapter, any other charges that are due and  payable,  a  surcharge
 pursuant  to  section 11-332 of this chapter, and interest and penalties
 thereon or such component of the amount thereof as shall  be  determined
 by  the commissioner of finance. The commissioner of finance may promul-
 gate rules defining "abandoned" property, as such term is used  in  this
 subdivision.
   a-1. A subsequent tax lien or tax liens on a property or any component
 of  the amount thereof may be sold by the city pursuant to this chapter,
 provided, however, that notwithstanding any provision in this chapter to
 the contrary, such tax lien or tax  liens  may  be  sold  regardless  of
 whether  such  tax lien or tax liens have remained unpaid in whole or in
 part for one year and, notwithstanding any provision in this chapter  to
 the contrary, in the case of any class one property or class [two] ONE-A
 property  [that is a residential condominium or residential cooperative]
 or, beginning January first, two thousand twelve, in  the  case  of  any
 class  two residential property owned by a company organized pursuant to
 article XI of the state private housing finance law [that is not a resi-
 dential condominium or a residential cooperative], such tax lien or  tax
 liens may be sold if the real property tax component of such tax lien or
 tax  liens  has  remained  unpaid  in whole or in part for one year, and
 provided, further, however, that (i) the real property tax component  of
 such  tax lien may not be sold pursuant to this subdivision on any resi-
 dential real property in class one that is receiving an exemption pursu-
 ant to section 11-245.3 or  11-245.4  of  this  title,  or  pursuant  to
 section  four  hundred  fifty-eight  of  the  real property tax law with
 respect to real property purchased with payments received as prisoner of
 war compensation from the United States government, or pursuant to para-
 graph  (b)  or  (c)  of  subdivision  two  of   section   four   hundred
 fifty-eight-a  of  the real property tax law, or where the owner of such
 residential real property in class one is receiving benefits in  accord-
 ance  with department of finance memorandum 05-3, or any successor memo-
 randum thereto, relating to active duty military personnel, or where the
 owner of such residential real property in class one has been allowed  a
 S. 2205                            11

 credit  pursuant to subsection (e) of section six hundred six of the tax
 law for the calendar year in which the date of  the  first  publication,
 pursuant  to  subdivision  a  of  section 11-320 of this chapter, of the
 notice  of  sale,  occurs or for the calendar year immediately preceding
 such date and (ii) the sewer rents component, sewer surcharges component
 or water rents component of such tax lien may not be  sold  pursuant  to
 this  subdivision  on  any one family residential real property in class
 one or on any two or three family residential real property in class one
 that is receiving an exemption pursuant to section 11-245.3 or  11-245.4
 of  this  title,  or pursuant to section four hundred fifty-eight of the
 real property tax law with  respect  to  real  property  purchased  with
 payments received as prisoner of war compensation from the United States
 government,  or  pursuant  to paragraph (b) or (c) of subdivision two of
 section four hundred fifty-eight-a of the  real  property  tax  law,  or
 where  the owner of any two or three family residential real property in
 class one is receiving benefits in accordance with department of finance
 memorandum 05-3, or any successor memorandum thereto, relating to active
 duty military personnel, or where the owner of any two or  three  family
 residential  real property in class one has been allowed a credit pursu-
 ant to subsection (e) of section six hundred six of the tax law for  the
 calendar  year  in  which the date of the first publication, pursuant to
 subdivision a of section 11-320 of this chapter, of the notice of  sale,
 occurs  or  for  the  calendar year immediately preceding such date. For
 purposes of this subdivision, the  term  "subsequent  tax  lien  or  tax
 liens" shall mean any tax lien or tax liens on property that become such
 on  or after the date of sale of any tax lien or tax liens on such prop-
 erty that have been sold pursuant to this  chapter,  provided  that  the
 prior  tax  lien  or tax liens remain unpaid as of the date of the first
 publication, pursuant to subdivision a of section 11-320 of  this  chap-
 ter,  of  the notice of sale of the subsequent tax lien or tax liens.  A
 subsequent tax lien or tax liens on any property classified as  a  class
 two  property, except [a class two property that is a residential condo-
 minium or residential cooperative, or] a class two residential  property
 owned by a company organized pursuant to article XI of the state private
 housing finance law [that is not a residential condominium or a residen-
 tial  cooperative], or class three property, as such classes of property
 are defined in subdivision one of section eighteen hundred  two  of  the
 real  property  tax  law,  shall not be sold by the city unless such tax
 lien or tax liens include a real property tax component as of  the  date
 of the first publication, pursuant to subdivision a of section 11-320 of
 this  chapter,  of  the notice of sale. Notwithstanding any provision of
 this subdivision to the contrary, any such tax lien or  tax  liens  that
 remain unpaid in whole or in part after such date may be sold regardless
 of whether such tax lien or tax liens include a real property tax compo-
 nent.  A  subsequent tax lien or tax liens on a property classified as a
 class four property, as such class of property is defined in subdivision
 one of section eighteen hundred two of the real property tax law,  shall
 not be sold by the city unless such tax lien or tax liens include a real
 property  tax  component  or  sewer  rents component or sewer surcharges
 component or water rents component or emergency  repair  charges  compo-
 nent,  where  such  emergency repair charges accrued on or after January
 first, two thousand six and are made a lien pursuant to section  27-2144
 of  this  code,  as  of  the  date of the first publication, pursuant to
 subdivision a of section 11-320 of this chapter, of the notice of  sale,
 provided,  however, that any tax lien or tax liens that remain unpaid in
 whole or in part after such date may be sold regardless of whether  such
 S. 2205                            12
 
 tax lien or tax liens include a real property tax component, sewer rents
 component, sewer surcharges component, water rents component or emergen-
 cy repair charges component. For purposes of this subdivision, the words
 "real property tax" shall not include an assessment or charge upon prop-
 erty  imposed  pursuant  to  section  25-411 of the administrative code.
 Nothing in  this  subdivision  shall  be  deemed  to  limit  the  rights
 conferred  by section 11-332 of this chapter on the holder of a tax lien
 certificate with respect to a subsequent tax lien.
   a-2. In addition to any sale authorized pursuant to subdivision  a  or
 subdivision  a-1  of  this  section and notwithstanding any provision of
 this chapter to the contrary, beginning on December first, two  thousand
 seven,  the  water rents, sewer rents and sewer surcharges components of
 any tax lien on any class of real property, as  such  real  property  is
 classified  in  subdivision  one  of section eighteen hundred two of the
 real property tax law, may be sold by the city pursuant to this chapter,
 where such water rents, sewer rents or  sewer  surcharges  component  of
 such  tax  lien,  as  of  the date of the first publication, pursuant to
 subdivision a of section 11-320 of this chapter, of the notice of  sale:
 (i) shall have remained unpaid in whole or in part for one year and (ii)
 equals or exceeds the sum of one thousand dollars or, beginning on March
 first, two thousand eleven, in the case of any two or three family resi-
 dential  real property in class one, for one year, and equals or exceeds
 the sum of two thousand dollars, or, beginning  on  January  first,  two
 thousand  twenty-one, in the case of any two or three family residential
 real property in class one, for one year, and equals or exceeds the  sum
 of  three thousand dollars, or, beginning on January first, two thousand
 twelve, in the case of any class two residential  property  owned  by  a
 company  organized  pursuant  to article XI of the state private housing
 finance law [that is not a  residential  condominium  or  a  residential
 cooperative], as such class of property is defined in subdivision one of
 section  eighteen  hundred  two  of  the  real property tax law, for two
 years, and equals or exceeds the sum of five thousand dollars; provided,
 however, that such water rents, sewer rents or sewer  surcharges  compo-
 nent  of  such  tax lien may not be sold pursuant to this subdivision on
 any one family residential real property in class one or on any  two  or
 three family residential real property in class one that is receiving an
 exemption  pursuant  to  section  11-245.3 or 11-245.4 of this title, or
 pursuant to section four hundred fifty-eight of the  real  property  tax
 law  with  respect  to real property purchased with payments received as
 prisoner of war compensation  from  the  United  States  government,  or
 pursuant  to  paragraph  (b)  or  (c) of subdivision two of section four
 hundred fifty-eight-a of the real property tax law, or where  the  owner
 of  any  two  or  three family residential real property in class one is
 receiving benefits in accordance with department of  finance  memorandum
 05-3, or any successor memorandum thereto, relating to active duty mili-
 tary  personnel,  or where the owner of any two or three family residen-
 tial real property in class one has been allowed a  credit  pursuant  to
 subsection  (e) of section six hundred six of the tax law for the calen-
 dar year in which the date of the first publication, pursuant to  subdi-
 vision  a  of  section  11-320  of  this chapter, of the notice of sale,
 occurs or for the calendar year immediately preceding such date.   After
 such  sale, any such water rents, sewer rents or sewer surcharges compo-
 nent of such tax lien may be transferred in the manner provided by  this
 chapter.
   a-3.  In  addition to any sale authorized pursuant to subdivision a or
 subdivision a-1 of this section and  notwithstanding  any  provision  of
 S. 2205                            13
 
 this  chapter to the contrary, beginning on December first, two thousand
 seven, a subsequent tax lien on any class of real property, as such real
 property is classified in subdivision one of  section  eighteen  hundred
 two  of  the  real property tax law, may be sold by the city pursuant to
 this chapter, regardless of whether such subsequent  tax  lien,  or  any
 component  of the amount thereof, shall have remained unpaid in whole or
 in part for one year, and regardless  of  whether  such  subsequent  tax
 lien,  or any component of the amount thereof, equals or exceeds the sum
 of one thousand dollars or beginning on March first, two thousand  elev-
 en,  in the case of any two or three family residential real property in
 class one, a subsequent tax lien on such property may  be  sold  by  the
 city pursuant to this chapter, regardless of whether such subsequent tax
 lien, or any component of the amount thereof, shall have remained unpaid
 in  whole or in part for one year, and regardless of whether such subse-
 quent tax lien, or any  component  of  the  amount  thereof,  equals  or
 exceeds the sum of two thousand dollars, or, beginning on January first,
 two thousand twenty-one, in the case of any two or three family residen-
 tial  real property in class one, a subsequent tax lien on such property
 may be sold by the city pursuant to this chapter, regardless of  whether
 such  subsequent tax lien, or any component of the amount thereof, shall
 have remained unpaid in whole or in part for one year, and regardless of
 whether such subsequent tax lien, or any component of the amount  there-
 of,  equals  or exceeds the sum of three thousand dollars, or, beginning
 on January first, two thousand twelve, in the  case  of  any  class  two
 residential property owned by a company organized pursuant to article XI
 of  the  state  private  housing  finance law [that is not a residential
 condominium or a residential cooperative], as such class of property  is
 defined  in  subdivision one of section eighteen hundred two of the real
 property tax law, a subsequent tax lien on such property may be sold  by
 the city pursuant to this chapter, regardless of whether such subsequent
 tax  lien,  or  any component of the amount thereof, shall have remained
 unpaid in whole or in part for two years, and regardless of whether such
 subsequent tax lien, or any component of the amount thereof,  equals  or
 exceeds  the  sum of five thousand dollars; provided, however, that such
 subsequent tax lien may not be sold pursuant to this subdivision on  any
 one family residential real property in class one or on any two or three
 family  residential  real  property  in  class  one that is receiving an
 exemption pursuant to section 11-245.3 or 11-245.4  of  this  title,  or
 pursuant  to  section  four hundred fifty-eight of the real property tax
 law with respect to real property purchased with  payments  received  as
 prisoner  of  war  compensation  from  the  United States government, or
 pursuant to paragraph (b) or (c) of  subdivision  two  of  section  four
 hundred  fifty-eight-a  of the real property tax law, or where the owner
 of any two or three family residential real property  in  class  one  is
 receiving  benefits  in accordance with department of finance memorandum
 05-3, or any successor memorandum thereto, relating to active duty mili-
 tary personnel, or where the owner of any two or three  family  residen-
 tial  real  property  in class one has been allowed a credit pursuant to
 subsection (e) of section six hundred six of the tax law for the  calen-
 dar  year in which the date of the first publication, pursuant to subdi-
 vision a of section 11-320 of this  chapter,  of  the  notice  of  sale,
 occurs  or for the calendar year immediately preceding such date.  After
 such sale, any such subsequent tax lien, or any component of the  amount
 thereof,  may be transferred in the manner provided by this chapter. For
 purposes of this subdivision, the term "subsequent tax lien" shall  mean
 the  water  rents,  sewer rents or sewer surcharges component of any tax
 S. 2205                            14
 
 lien on property that becomes such on or after the date of sale  of  any
 water  rents,  sewer rents or sewer surcharges component of any tax lien
 on such property that has been sold pursuant to this  chapter,  provided
 that  the  prior  tax  lien  remains  unpaid as of the date of the first
 publication, pursuant to subdivision a of section 11-320 of  this  chap-
 ter,  of  the notice of sale of the subsequent tax lien. Nothing in this
 subdivision shall be deemed to limit the  rights  conferred  by  section
 11-332  of  this  chapter  on  the holder of a tax lien certificate with
 respect to a subsequent tax lien.
   a-4. In addition to any sale authorized  pursuant  to  subdivision  a,
 a-1,  a-2  or  a-3  of this section and notwithstanding any provision of
 this chapter to the contrary, beginning on  March  first,  two  thousand
 eleven,  the  emergency repair charges component or alternative enforce-
 ment expenses and fees component, where such  emergency  repair  charges
 accrued  on or after January first, two thousand six and are made a lien
 pursuant to section 27-2144 of this  code,  or  where  such  alternative
 enforcement  expenses  and  fees  are  made  a  lien pursuant to section
 27-2153 of this code, of any tax lien on any class of real property,  as
 such  real  property  is  defined in subdivision one of section eighteen
 hundred two of the real property tax law, may be sold by the city pursu-
 ant to this chapter, where such emergency repair  charges  component  or
 alternative enforcement expenses and fees component of such tax lien, as
 of  the  date  of  the  first  publication, pursuant to subdivision a of
 section 11-320 of this chapter, of the notice of sale:  (i)  shall  have
 remained  unpaid  in  whole  or in part for one year, and (ii) equals or
 exceeds the sum of one thousand dollars or, beginning on January  first,
 two  thousand  twelve, in the case of any class two residential property
 owned by a company organized pursuant to article XI of the state private
 housing finance law [that is not a residential condominium or a residen-
 tial cooperative], as such class of property is defined  in  subdivision
 one  of  section  eighteen hundred two of the real property tax law, for
 two years, and equals or exceeds  the  sum  of  five  thousand  dollars;
 provided,  however,  that  such  emergency  repair  charges component or
 alternative enforcement expenses and fees component of such tax lien may
 only be sold pursuant to this subdivision on any one, two or three fami-
 ly residential real property in class one, where such one, two or  three
 family residential property in class one is not the primary residence of
 the  owner. After such sale, any such emergency repair charges component
 or alternative enforcement expenses and fees component of such tax  lien
 may be transferred in the manner provided by this chapter.
   a-5.  In  addition  to  any sale authorized pursuant to subdivision a,
 a-1, a-2 or a-3 of this section and  notwithstanding  any  provision  of
 this  chapter  to  the  contrary, beginning on March first, two thousand
 eleven, a subsequent tax lien on any class of real property,  or  begin-
 ning  on January first, two thousand twelve in the case of any class two
 residential property owned by a company organized pursuant to article XI
 of the state private housing finance law  [that  is  not  a  residential
 condominium or a residential cooperative], a subsequent tax lien on such
 property,  may  be sold by the city pursuant to this chapter, regardless
 of the length of time such subsequent tax lien, or any component of  the
 amount thereof, shall have remained unpaid, and regardless of the amount
 of  such  subsequent  tax lien. After such sale, any such subsequent tax
 lien, or any component of the amount thereof, may be transferred in  the
 manner  provided  by this chapter. For purposes of this subdivision, the
 term "subsequent tax lien"  shall  mean  the  emergency  repair  charges
 component  or alternative enforcement expenses and fees component, where
 S. 2205                            15
 
 such emergency repair charges accrued on or  after  January  first,  two
 thousand  six  and  are  made a lien pursuant to section 27-2144 of this
 code, or where such alternative enforcement expenses and fees are made a
 lien  pursuant to section 27-2153 of this code, of any tax lien on prop-
 erty that becomes such on or after the date of  sale  of  any  emergency
 repair  charges  component  or alternative enforcement expenses and fees
 component, of any tax lien on such property that has been sold  pursuant
 to  this  chapter, provided that the prior tax lien remains unpaid as of
 the date of the first publication, pursuant to subdivision a of  section
 11-320  of  this  chapter,  of  the notice of sale of the subsequent tax
 lien. Nothing in this subdivision shall be deemed to  limit  the  rights
 conferred  by section 11-332 of this chapter on the holder of a tax lien
 certificate with respect to a subsequent tax lien.
   § 17. Subparagraph (i) of paragraph 2 of subdivision  b  and  subpara-
 graph  (ii)  of  paragraph  1  of subdivision h of section 11-320 of the
 administrative code of the city of New York, subparagraph (i)  of  para-
 graph  2 of subdivision b as amended by local law number 147 of the city
 of New York for the year 2013 and subparagraph (ii) of  paragraph  1  of
 subdivision  h  as  added by local law number 15 of the city of New York
 for the year 2011, are amended to read as follows:
   (i) Such notices shall also include,  with  respect  to  any  property
 owner in class one, CLASS ONE-A or class two, as such classes of proper-
 ty are defined in subdivision one of section eighteen hundred two of the
 real property tax law, an exemption eligibility checklist. The exemption
 eligibility checklist shall also be posted on the website of the depart-
 ment no later than the first business day after March fifteenth of every
 year  prior to the date of sale, and shall continue to be posted on such
 website until ten days prior to the date of sale.  Within  ten  business
 days of receipt of a completed exemption eligibility checklist from such
 property  owner,  provided that such receipt occurs prior to the date of
 sale of any tax lien or tax liens on his or her property, the department
 of finance shall review such checklist to determine, based on the infor-
 mation provided by the property owner, whether such property owner could
 be eligible for any exemption, credit or other benefit that would  enti-
 tle  them  to  be  excluded  from a tax lien sale and, if the department
 determines that such property owner  could  be  eligible  for  any  such
 exemption,  credit  or  other benefit, shall mail such property owner an
 application for the appropriate exemption, credit or other benefit.  If,
 within  twenty  business  days  of  the  date the department mailed such
 application, the department has not  received  a  completed  application
 from  such property owner, the department shall mail such property owner
 a second application, and shall telephone the  property  owner,  if  the
 property owner has included his or her telephone number on the exemption
 eligibility checklist.
   (ii)  all  class two residential property owned by a company organized
 pursuant to article XI of the state private housing finance law [that is
 not a residential condominium or a residential cooperative] on which any
 tax lien has been sold pursuant to subdivision a, a-2 or a-4 of  section
 11-319 of this title.
   §  18. Subdivision (a) of section 11-354 of the administrative code of
 the city of New York, as amended by local law number 37 of the  city  of
 New York for the year 1996, is amended to read as follows:
   (a) Notwithstanding any other provision of law and notwithstanding any
 omission  to  hold  a tax lien sale, whenever any tax, assessment, sewer
 rent, sewer surcharge, water rent,  any  charge  that  is  made  a  lien
 subject to the provisions of this chapter or chapter four of this title,
 S. 2205                            16
 
 or  interest and penalties thereon, has been due and unpaid for a period
 of at least one year from the date on which the tax, assessment or other
 legal charge represented thereby became a lien, or in the  case  of  any
 class one property or any class [two] ONE-A property [that is a residen-
 tial condominium or residential cooperative], as such classes of proper-
 ty are defined in subdivision one of section eighteen hundred two of the
 real  property tax law, or in the case of a multiple dwelling owned by a
 company organized pursuant to article XI of the private housing  finance
 law with the consent and approval of the department of housing preserva-
 tion and development, for a period of at least three years from the date
 on  which  the  tax, assessment or other legal charge became a lien, the
 city, as owner of a tax lien, may maintain  an  action  in  the  supreme
 court  to  foreclose  such  lien.  Such  action shall be governed by the
 procedures set forth in section 11-335 of this chapter; provided, howev-
 er, that such parcel shall only  be  sold  to  the  highest  responsible
 bidder. Such purchaser shall be deemed qualified as a responsible bidder
 pursuant to such criteria as are established in rules promulgated by the
 commissioner  of  finance  after  consultation  with the commissioner of
 housing preservation and development.
   § 19. The opening paragraph of subdivision 4 of section 11-401 of  the
 administrative  code  of  the  city of New York, as amended by local law
 number 152 of the city of New York for the year 2017, is amended to read
 as follows:
   "Distressed property." Any parcel of class one, CLASS ONE-A  or  class
 two  real  property  that  is subject to a tax lien or liens that result
 from an environmental control board judgment against the owner  of  such
 parcel  for  a  building  code  violation  with a lien or liens to value
 ratio, as determined by the commissioner of finance, equal to or greater
 than 25 percent or any parcel of class one, CLASS ONE-A,  or  class  two
 real  property  that  is  subject  to a tax lien or liens with a lien or
 liens to value ratio, as determined  by  the  commissioner  of  finance,
 equal  to  or  greater  than  fifteen  percent and that meets one of the
 following two criteria:
   § 20. Subdivisions a and b of section 11-401.1 of  the  administrative
 code  of  the  city  of New York, as added by local law number 37 of the
 city of New York for the year 1996, are amended to read as follows:
   a. The commissioner of finance shall, not less than sixty days preced-
 ing the date of the sale of a tax lien  or  tax  liens,  submit  to  the
 commissioner  of  housing  preservation and development a description by
 block and lot, or by such other identification as  the  commissioner  of
 finance may deem appropriate, of any parcel of class one, CLASS ONE-A or
 class  two  real property on which there is a tax lien that may be fore-
 closed by the city. The commissioner of housing preservation and  devel-
 opment shall determine, and direct the commissioner of finance, not less
 than ten days preceding the date of the sale of a tax lien or tax liens,
 whether  any such parcel is a distressed property as defined in subdivi-
 sion four of section 11-401 of this chapter. Any tax lien on a parcel so
 determined to be a distressed property shall not  be  included  in  such
 sale.  In  connection with a subsequent sale of a tax lien or tax liens,
 the commissioner of finance may, not less than sixty days preceding  the
 date  of  the sale, resubmit to the commissioner of housing preservation
 and development a description by block and lot, or by such  other  iden-
 tification  as  the commissioner of finance may deem appropriate, of any
 parcel of class one, CLASS ONE-A or class two  real  property  that  was
 previously determined to be a distressed property pursuant to this para-
 graph  and  on  which  there  is a tax lien that may be included in such
 S. 2205                            17
 
 sale. The commissioner of housing  preservation  and  development  shall
 determine,  and  direct  the  commissioner of finance, not less than ten
 days preceding the date of the  sale,  whether  such  parcel  remains  a
 distressed  property.  If  the  commissioner of housing preservation and
 development determines that the parcel is  not  a  distressed  property,
 then the tax lien on the parcel may be included in the sale.
   b.  The commissioner of housing preservation and development may peri-
 odically review whether a parcel of class one, CLASS ONE-A or class  two
 real property that is subject to subdivision c of this section or subdi-
 vision  j of section 11-412.1 of this chapter remains a distressed prop-
 erty. If the commissioner determines that the parcel is not a distressed
 property as defined in subdivision four of section 11-401 of this  chap-
 ter, then the parcel shall not be subject to such subdivisions.
   §  21.  Subdivision  b of section 11-404 of the administrative code of
 the city of New York, as amended by local law number 37 of the  city  of
 New York for the year 1996, is amended to read as follows:
   b. A tax lien on any class one property or any class [two] ONE-A prop-
 erty  [that is a residential condominium or residential cooperative], as
 such classes of property are defined in subdivision one of section eigh-
 teen hundred two of the real property  tax  law,  and  on  any  multiple
 dwelling  owned  by  a  company  organized pursuant to article XI of the
 private housing finance law with the consent and approval of the depart-
 ment of housing preservation and development, shall not be foreclosed in
 the manner provided in this chapter until such tax lien has been due and
 unpaid for a period of at least three years from the date on  which  the
 tax, assessment or other legal charge represented thereby became a lien.
   §  22.  Paragraph 5 of subdivision c of section 11-405 of the adminis-
 trative code of the city of New York, as added by local law number 37 of
 the city of New York for the year 1996, is amended to read as follows:
   (5) Notwithstanding paragraph one, two or three of  this  subdivision,
 with  respect to installment agreements duly made, executed and filed on
 or after the date on which this paragraph takes effect, the commissioner
 of finance may also exclude or thereafter  remove  from  such  list  any
 parcel  of class one, CLASS ONE-A or class two real property, other than
 a parcel described in paragraph four of this subdivision, as to which an
 agreement has been duly made, executed and filed with such  commissioner
 for  the  payment  of  the  delinquent taxes, assessments or other legal
 charges, and the interest and penalties thereon,  in  installments.  The
 first  installment thereof shall be paid upon the filing of the install-
 ment agreement with the commissioner and shall be in an amount equal  to
 not  less  than  fifteen  percent of the total amount of such delinquent
 taxes, assessments or other legal charges and the interest and penalties
 thereon. The remaining installments, which shall be twice the number  of
 unpaid  quarters  of  real  estate  taxes or the equivalent thereof, but
 which shall in no event exceed thirty-two in number,  shall  be  payable
 quarterly on the first days of July, October, January and April. For the
 purposes  of  calculating  the  number  of  such remaining installments,
 unpaid real estate taxes that are due and payable on other than a  quar-
 terly basis shall be deemed to be payable on a quarterly basis.
   § 23. Section 581 of the real property tax law is REPEALED.
   §  24.  Subdivision  1  of  section 339-y of the real property law, as
 amended by chapter 218 of the laws of 1986, subparagraph (ii)  of  para-
 graph  (d)  as amended by chapter 223 of the laws of 1989, paragraph (e)
 as added by chapter 135 of the laws of 1996, paragraph (f) as  added  by
 chapter 293 of the laws of 1997 and paragraph (g) as added by 786 of the
 laws of 2022, is amended to read as follows:
 S. 2205                            18
 
   1.  (a)  With  respect  to all property submitted to the provisions of
 this article other than property which is the  subject  of  a  qualified
 leasehold  condominium, each unit and its common interest, not including
 any personal property, shall be deemed to  be  a  parcel  and  shall  be
 subject  to  separate  assessment  and  taxation by each assessing unit,
 school district, special district, county or other taxing unit, for  all
 types of taxes authorized by law including but not limited to special ad
 valorem  levies and special assessments, except that the foregoing shall
 not apply to a unit held under lease or sublease unless the  declaration
 requires  the  unit  owner  to  pay  all taxes attributable to his unit.
 Neither the building, the property nor any of the common elements  shall
 be deemed to be a parcel.
   (b)  [In  no  event shall the aggregate of the assessment of the units
 plus their common interests exceed the total valuation of  the  property
 were the property assessed as a parcel.
   (c)]  For  the  purposes  of  this and the next succeeding section the
 terms "assessing unit",  "assessment",  "parcel",  "special  ad  valorem
 levy",  "special assessment", "special district", "taxation" and "taxes"
 shall have the meanings specified in section one hundred two of the real
 property tax law.
   [(d) The provisions of paragraph (b) of  this  subdivision  shall  not
 apply to such real property classified within:
   (i) on and after January first, nineteen hundred eighty-six, class one
 of  section one thousand eight hundred two of the real property tax law;
 or
   (ii) on and after January first,  nineteen  hundred  eighty-four,  the
 homestead  class  of  an  approved  assessing unit which has adopted the
 provisions of section one thousand nine hundred three of the real  prop-
 erty  tax law, or the homestead class of the portion outside an approved
 assessing unit of an eligible split school district  which  has  adopted
 the  provisions of section nineteen hundred three-a of the real property
 tax law; provided, however, that, in an approved  assessing  unit  which
 adopted the provisions of section one thousand nine hundred three of the
 real  property  tax law prior to the effective date of this subdivision,
 paragraph (b) of this subdivision shall apply to all such real  property
 (i) which is classified within the homestead class pursuant to paragraph
 one  of  subdivision (e) of section one thousand nine hundred one of the
 real property tax law and (ii) which, regardless of classification,  was
 on  the  assessment roll prior to the effective date of this subdivision
 unless the governing body of such approved assessing  unit  provides  by
 local  law  adopted  after a public hearing, prior to the taxable status
 date of such assessing unit next occurring after December  thirty-first,
 nineteen  hundred  eighty-three, that such paragraph (b) shall not apply
 to such real property to which this clause  applies.  Provided  further,
 however,  real  property  subject to the provisions of this subparagraph
 shall be assessed pursuant to subdivision two of  section  five  hundred
 eighty-one of the real property tax law.
   (e)] (C) On the first assessment roll with a taxable status date on or
 after the effective date of a declaration filed with the recording offi-
 cer  and  on  every assessment roll thereafter, the assessor shall enter
 each unit as a parcel, as provided in paragraph (a) of this subdivision,
 based upon the condition and ownership of each such unit on  the  appro-
 priate  valuation  and  taxable status dates. Units owned by a developer
 may be entered as a single parcel with a parcel description  correspond-
 ing  to  the  entire development, including the land under such develop-
 ment, and excluding those units appearing  separately.  Upon  the  first
 S. 2205                            19
 
 assessment roll where each unit is separately assessed, only an individ-
 ual unit and its common interest shall constitute a parcel.
   [(f)  The  provisions  of  paragraph (b) of this subdivision shall not
 apply to a converted condominium unit in a municipal  corporation  other
 than  a  special assessing unit, which has adopted, prior to the taxable
 status date of the assessment roll upon which its taxes will be  levied,
 a  local  law or, for a school district, a resolution providing that the
 provisions of paragraph (b) of this subdivision shall  not  apply  to  a
 converted  condominium  unit  within  that  municipal  corporation.    A
 converted condominium unit for purposes of this paragraph shall  mean  a
 dwelling  unit held in condominium form of ownership that has previously
 been on an assessment roll as a dwelling unit in other than  condominium
 form of ownership, and has not been previously subject to the provisions
 of paragraph (b) of this subdivision.
   (g)] (D) The provisions of paragraph (b) of this subdivision shall not
 apply  to  real property owned or leased by a cooperative corporation or
 on a condominium basis in the Town of Greenburgh, in Westchester County,
 which has adopted, prior to the taxable status date  of  the  assessment
 roll upon which its taxes will be levied, a local law providing that the
 provisions  of paragraph (b) of this subdivision shall not apply to such
 real property within such town; provided,  however,  the  provisions  of
 this  paragraph  shall  not  apply to real property owned or leased by a
 cooperative corporation or on a condominium basis that had  been  previ-
 ously  subject  to  the  provisions of paragraph (b) of this subdivision
 prior to January first, two  thousand  twenty-three;  provided  further,
 however,  the provisions of this paragraph shall not apply to real prop-
 erty owned or leased by a cooperative corporation or  on  a  condominium
 basis  that is participating in an affordable housing tax credit program
 or has a regulatory agreement with a federal,  state,  or  local  agency
 related to affordable housing requirements.
   § 25. This act shall take effect on the first of January next succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 assessment rolls prepared pursuant to a taxable status date occurring on
 or after such  date.  Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.