S T A T E   O F   N E W   Y O R K
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                                  3252--A
     Cal. No. 845
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sens. LIU, CHU -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee on Cities 1 -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the real property tax  law,  in  relation  to  extending
   certain provisions relating to a partial tax abatement for residential
   real property held in the cooperative or condominium form of ownership
   in a city having a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
 the real property tax law, as amended by chapter  184  of  the  laws  of
 2021, are amended to read as follows:
   (a)  In  a  city  having a population of one million or more, dwelling
 units owned by unit owners who, as  of  the  applicable  taxable  status
 date,  own no more than three dwelling units in any one property held in
 the condominium form of  ownership,  shall  be  eligible  to  receive  a
 partial  abatement  of  real  property taxes, as set forth in paragraphs
 (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
 sion; provided, however, that a property held in the condominium form of
 ownership  that  is  receiving  complete  or  partial  real property tax
 exemption or tax abatement pursuant to any other provision of this chap-
 ter or any other state or local law, except as provided in paragraph (f)
 of this subdivision, shall not be eligible to receive a  partial  abate-
 ment  pursuant  to  this  section;  and provided, further, that sponsors
 shall not be eligible to receive a partial abatement  pursuant  to  this
 section;  and  provided, further, that in the fiscal years commencing in
 calendar years two thousand twelve  through  two  thousand  [twenty-two]
 TWENTY-SIX  no  more than a maximum of three dwelling units owned by any
 unit owner in a single building, one of which must be the primary  resi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08043-03-3
 S. 3252--A                          2
 
 dence  of such unit owner, shall be eligible to receive a partial abate-
 ment pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdi-
 vision.
   (b)  In  a  city  having a population of one million or more, dwelling
 units owned by tenant-stockholders who, as  of  the  applicable  taxable
 status  date,  own no more than three dwelling units in any one property
 held in the cooperative form of ownership, shall be eligible to  receive
 a  partial  abatement of real property taxes, as set forth in paragraphs
 (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
 sion; provided, however, that a property held in the cooperative form of
 ownership  that  is  receiving  complete  or  partial  real property tax
 exemption or tax abatement pursuant to any other provision of this chap-
 ter or any other state or local law, except as provided in paragraph (f)
 of this subdivision, shall not be eligible to receive a  partial  abate-
 ment  pursuant  to  this  section;  and provided, further, that sponsors
 shall not be eligible to receive a partial abatement  pursuant  to  this
 section;  and  provided, further, that in the fiscal years commencing in
 calendar years two thousand twelve  through  two  thousand  [twenty-two]
 TWENTY-SIX  no  more than a maximum of three dwelling units owned by any
 tenant-stockholder in a single building, one of which must be the prima-
 ry residence of such tenant-stockholder, shall be eligible to receive  a
 partial  abatement  pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)
 of this subdivision. For purposes of this section, a  tenant-stockholder
 of a cooperative apartment corporation shall be deemed to own the dwell-
 ing  unit  which  is  represented  by his or her shares of stock in such
 corporation. Any abatement so granted shall be credited by the appropri-
 ate taxing authority against the tax due on the property as a whole. The
 reduction in real property taxes received thereby shall be  credited  by
 the  cooperative  apartment corporation against the amount of such taxes
 attributable to eligible dwelling units at the time of receipt.
   § 2. Paragraphs (d-1), (d-2), (d-3) and  (d-4)  of  subdivision  2  of
 section 467-a of the real property tax law, as amended by chapter 184 of
 the laws of 2021, are amended to read as follows:
   (d-1)  In  the  fiscal years commencing in calendar years two thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing units in property whose average unit assessed value is less than  or
 equal to fifty thousand dollars shall receive a partial abatement of the
 real  property  taxes  attributable  to or due on such dwelling units of
 twenty-five percent, twenty-six and one-half  percent  and  twenty-eight
 and  one-tenth  percent  respectively. In the fiscal years commencing in
 calendar years two thousand fifteen through  two  thousand  [twenty-two]
 TWENTY-SIX  eligible  dwelling  units  in  property  whose  average unit
 assessed value is less than or equal to  fifty  thousand  dollars  shall
 receive  a  partial abatement of the real property taxes attributable to
 or due on such dwelling units of twenty-eight and one-tenth percent.
   (d-2) In the fiscal years commencing in calendar  years  two  thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing  units  in  property  whose average unit assessed value is more than
 fifty thousand dollars, but less than or equal  to  fifty-five  thousand
 dollars,  shall  receive  a partial abatement of the real property taxes
 attributable to or due on such dwelling units of twenty-two and one-half
 percent, twenty-three and eight-tenths percent and twenty-five and  two-
 tenths  percent respectively. In the fiscal years commencing in calendar
 years two thousand fifteen through two thousand [twenty-two]  TWENTY-SIX
 eligible dwelling units in property whose average unit assessed value is
 more  than  fifty thousand dollars, but less than or equal to fifty-five
 S. 3252--A                          3
 
 thousand dollars, shall receive a partial abatement of the real property
 taxes attributable to or due on such dwelling units of  twenty-five  and
 two-tenths percent.
   (d-3)  In  the  fiscal years commencing in calendar years two thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing units in property whose average unit assessed  value  is  more  than
 fifty-five  thousand  dollars,  but less than or equal to sixty thousand
 dollars, shall receive a partial abatement of the  real  property  taxes
 attributable  to  or due on such dwelling units of twenty percent, twen-
 ty-one and two-tenths percent, and twenty-two  and  five-tenths  percent
 respectively. In the fiscal years commencing in calendar years two thou-
 sand  fifteen  through  two  thousand  [twenty-two]  TWENTY-SIX eligible
 dwelling units in property whose average unit  assessed  value  is  more
 than  fifty-five thousand dollars, but less than or equal to sixty thou-
 sand dollars, shall receive a partial abatement  of  the  real  property
 taxes  attributable  to  or due on such dwelling units of twenty-two and
 five-tenths percent.
   (d-4) In the fiscal years commencing in calendar  years  two  thousand
 twelve  through  two thousand [twenty-two] TWENTY-SIX, eligible dwelling
 units in property whose average unit assessed value is more  than  sixty
 thousand  dollars shall receive a partial abatement of the real property
 taxes attributable to or due on such dwelling  units  of  seventeen  and
 one-half percent.
   § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
 erty  tax law, as amended by chapter 184 of the laws of 2021, is amended
 to read as follows:
   (a) An application for an abatement pursuant to this section  for  the
 fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
 shall be made no later than the fifteenth  day  of  September,  nineteen
 hundred  ninety-six.  An  application  for an abatement pursuant to this
 section for the fiscal year commencing in calendar year nineteen hundred
 ninety-seven shall be made no later than the first day of  April,  nine-
 teen  hundred  ninety-seven. An application for an abatement pursuant to
 this section for the fiscal year commencing in  calendar  year  nineteen
 hundred ninety-eight shall be made no later than the first day of April,
 nineteen  hundred ninety-eight. An application for an abatement pursuant
 to this section for the fiscal year commencing in calendar year nineteen
 hundred ninety-nine shall be made in accordance  with  this  subdivision
 and subdivision three-a of this section. An application for an abatement
 pursuant to this section for the fiscal year commencing in calendar year
 two  thousand shall be made no later than the fifteenth day of February,
 two thousand. An application for an abatement pursuant to  this  section
 for  the  fiscal year commencing in calendar year two thousand one shall
 be made in accordance with this subdivision and subdivision  three-b  of
 this  section.  An application for an abatement pursuant to this section
 for the fiscal year commencing in calendar year two thousand  two  shall
 be  made  no later than the fifteenth day of February, two thousand two.
 An application for an abatement pursuant to this section for the  fiscal
 year  commencing  in  calendar  year two thousand three shall be made no
 later than the fifteenth day of February, two thousand three. An  appli-
 cation  for  an  abatement  pursuant to this section for the fiscal year
 commencing in calendar year two thousand four shall be made  in  accord-
 ance  with  this subdivision and subdivision three-c of this section. An
 application for an abatement pursuant to this  section  for  the  fiscal
 year  commencing  in  calendar  year  two thousand five shall be made no
 later than the fifteenth day of February, two thousand five. An applica-
 S. 3252--A                          4
 
 tion for an abatement pursuant to  this  section  for  the  fiscal  year
 commencing in calendar year two thousand six shall be made no later than
 the  fifteenth  day of February, two thousand six. An application for an
 abatement  pursuant  to  this  section for the fiscal year commencing in
 calendar year two thousand  seven  shall  be  made  no  later  than  the
 fifteenth day of February, two thousand seven. An application for abate-
 ment pursuant to this section for the fiscal year commencing in calendar
 year  two  thousand eight shall be made in accordance with this subdivi-
 sion and subdivision three-d of this  section.  An  application  for  an
 abatement  pursuant  to  this  section for the fiscal year commencing in
 calendar year two  thousand  nine  shall  be  made  no  later  than  the
 fifteenth  day  of  February,  two  thousand nine. An application for an
 abatement pursuant to this section for the  fiscal  year  commencing  in
 calendar year two thousand ten shall be made no later than the fifteenth
 day  of  February,  two  thousand  ten.  An application for an abatement
 pursuant to this section for the fiscal year commencing in calendar year
 two thousand eleven shall be made no later than  the  fifteenth  day  of
 February,  two thousand eleven. An application for an abatement pursuant
 to this section for the fiscal years commencing in  calendar  years  two
 thousand  twelve  and  two thousand thirteen shall be made in accordance
 with subdivision three-e of this section. The date  or  dates  by  which
 applications for an abatement pursuant to this section shall be made for
 the  fiscal  years  beginning  in  calendar  years two thousand fourteen
 through two thousand [twenty-two] TWENTY-SIX shall be established by the
 commissioner of finance by rule, provided that such date or dates  shall
 not be later than the fifteenth day of February for such calendar years.
   § 4. This act shall take effect immediately.