NY State Senate Bill 2023-S7400

Senate Bill S7400

Signed By Governor

2023-2024 Legislative Session

Relates to the determination of adjusted base proportions in special assessing units which are cities

download bill text pdf

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 23, 2023	signed chap.347
Aug 11, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly ordered to third reading rules cal.751 substituted for a3327a
Jun 05, 2023	referred to ways and means delivered to assembly passed senate
May 30, 2023	ordered to third reading cal.1436 committee discharged and committed to rules
May 23, 2023	referred to local government

Votes

- Jun 5, 2023 - Floor Vote
  S7400
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  May 30, 2023 - Rules Committee Vote
  S7400
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Lanza

2023-S7400 (ACTIVE) - Details

See Assembly Version of this Bill:: A3327
Law Section:: Real Property Tax Law
Laws Affected:: Amd §1803-a, RPT L
Versions Introduced in 2021-2022 Legislative Session:: A10442

2023-S7400 (ACTIVE) - Summary

Relates to the determination of adjusted base proportions in special assessing units which are cities.

2023-S7400 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7400

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to the determi-
nation of adjusted base proportions in special assessing units which are
cities

 
SUMMARY OF PROVISIONS::

This bill would amend section 1803-a of the Real Property Tax Law to
allow the local legislative body to amend the cap on ,the maximum class
growth rate as long as it does not exceed 5 percent for fiscal year
2023.

 
JUSTIFICATION::

State law requires New York City to adopt class shares based on rates
calculated by the State Board of Real Property Services (SBRPS) in order
to distribute the tax levy among the four classes of real property. In
most years the State Board's class equalization rates cause the tax

burden on property tax class one, comprised one-, two-, and three-family
homes, to increase.

Currently, State law provides that the current base proportion of any
one class may not exceed the adjusted base proportion for that class
from the prior year by more than five percent. This bill will permit the
local legislative body to lower the cap on the maximum growth rate of
the any tax class's share of the overall tax levy.  Flexibility to lower
said cap will allow the Council to adopt fiscal 2023 tax rates that
balance providing relief for the residential property tax class one
without placing undue burdens on the other property tax classes.

The equalization rates have caused property tax class one's tax rate to
increase in nine of the past twelve years, with seven of those years
seeing increases of over two percent. Conversely, the other three class-
es have seen much more balanced oscillations in their tax rates, with
increases of over two percent only occurring three years for class
three, one year for class four, and never for class two.  Failure to
enact this legislation would leave the City Council no option but to
adopt the default SBRPS formula for establishing class shares. In that
case, tax rates for tax class one and two may increase uncontrollably,
and cause significant increases in the tax bills for residential home-
owners. Limiting tax rate increases for class one and two, resulting
from SBRPS procedures, is avoidable only through passage of this legis-
lation.

 
FISCAL IMPLICATION::

There would be zero impact on expenditures and revenues as a result of
this legislation.

 
EFFECTIVE DATE::

Immediately

2023-S7400 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7400
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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, in relation to the determi-
   nation of adjusted base proportions in special assessing  units  which
   are cities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1803-a of the  real  property  tax
 law is amended by adding a new paragraph (ll) to read as follows:
   (LL)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION TO THE CONTRARY, IN A SPECIAL ASSESSING UNIT WHICH IS  A  CITY  AND
 FOR  CURRENT BASE PROPORTIONS TO BE DETERMINED IN SUCH SPECIAL ASSESSING
 UNIT'S FISCAL YEAR TWO THOUSAND TWENTY-FOUR, THE PERCENT INCREASE OF THE
 CURRENT BASE PROPORTION OF ANY CLASS OVER THE ADJUSTED  BASE  PROPORTION
 OR  ADJUSTED  PROPORTIONS,  WHICHEVER IS APPROPRIATE, OF THE IMMEDIATELY
 PRECEDING YEAR SHALL BE DETERMINED BY THE LOCAL LEGISLATIVE BODY OF SUCH
 SPECIAL ASSESSING UNIT, PROVIDED THAT SUCH PERCENT INCREASE SHALL BE  NO
 MORE THAN FIVE PERCENT, AND PROVIDED FURTHER, THAT THE LOCAL LEGISLATIVE
 BODY SHALL MAKE SUCH DETERMINATION BY NOVEMBER FIRST, TWO THOUSAND TWEN-
 TY-THREE.
   §  2. In the event the special assessing unit which is a city has sent
 out real property tax bills for its fiscal year  2024  before  this  act
 shall  have become a law, the city shall take such actions as are neces-
 sary, consistent with applicable state and  local  law,  to  effect  the
 provisions  of  section  one of this act, including, but not limited to,
 revising the current base proportions  and  adjusted  base  proportions,
 resetting  the real property tax rates and sending amended real property
 tax bills. Provided, however, that nothing in this act shall  be  deemed
 to  affect the obligation of any taxpayer with respect to the payment of
 any installment of real property tax for such fiscal year which was  due
 and  payable  prior to the date such amended real property tax bills are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01623-03-3

 S. 7400                             2
 
 sent; for this purpose, such obligations shall be determined in  accord-
 ance  with  the  applicable  provisions of law that were in effect imme-
 diately prior to the effective date of this act, and such city shall  be
 authorized  to  determine the date on which amended bills are to be sent
 and the installments of real property tax  which  are  to  be  reflected
 therein.
   § 3. This act shall take effect immediately.

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