S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6992
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced by M. of A. LASHER -- read once and referred to the Committee
   on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to tax abatements
   for  building  owners  in a city having a population of one million or
   more who complete facade repairs

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "RESTORE
 Act" (Reducing Excess Scaffolding  and  Timely  Ongoing  Repair  Efforts
 Act).
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that the safety of the public and the integrity of New York City's built
 environment are critical concerns. Local law number 11 of  the  city  of
 New  York for the year 1998 requires periodic inspections and repairs of
 building facades to ensure the safety of buildings over six stories.  In
 recognition of the financial burden on building owners, and in an effort
 to  incentivize  the  timely  completion  of necessary repairs, this act
 provides for a property tax abatement program for those who comply  with
 repair requirements within specified timeframes, thereby reducing unnec-
 essary scaffolding and sidewalk sheds on city sidewalks.
   § 3. Article 4 of the real property tax law is amended by adding a new
 title 7 to read as follows:
                                  TITLE 7
  PROPERTY TAX ABATEMENT FOR FACADE REPAIR COMPLIANCE IN A CITY HAVING A
                     POPULATION OF ONE MILLION OR MORE
 SECTION 499-HHHHH. DEFINITIONS.
         499-IIIII. ELIGIBILITY.
         499-JJJJJ. GRADUATED TAX ABATEMENT AMOUNTS.
         499-KKKKK. PENALTIES.
         499-LLLLL. ELIGIBILITY  FOR  ABATEMENT AND PENALTIES FOR ONGOING
                      PROJECTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06108-02-5
              

 A. 6992                             2
 
         499-MMMMM. APPLICATION PROCESS.
         499-NNNNN. PENALTY DISPUTES.
   § 499-HHHHH. DEFINITIONS. AS USED IN THIS TITLE:
   1.  "COVERED  REPAIRS"  SHALL  MEAN REPAIRS TO THE EXTERIOR WALLS OF A
 BUILDING THAT ARE EITHER (A) REQUIRED PURSUANT TO  SECTION  28-302.5  OF
 THE  ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND ITS AMENDMENTS UPON
 NOTIFICATION TO THE NEW YORK CITY DEPARTMENT OF BUILDINGS OF  AN  UNSAFE
 CONDITION,  OR  (B) MADE IN ORDER TO PREVENT THE OCCURRENCE OF AN UNSAFE
 CONDITION AND WHICH, IN EITHER CASE, BECAUSE OF  THE  BUILDING'S  HEIGHT
 AND  NATURE  OF THE REPAIRS, REQUIRE THE INSTALLATION OF A SIDEWALK SHED
 IN ACCORDANCE WITH SUBDIVISION 3 OF SECTION  3307.6.2  OF  THE  BUILDING
 CODE OF THE CITY OF NEW YORK.
   2. "COVERED BUILDING" SHALL MEAN A BUILDING THAT IS MAKING OR HAS MADE
 COVERED REPAIRS.
   3.  "COVERED  BUILDING OWNER" SHALL MEAN THE OWNER OF A COVERED BUILD-
 ING, WHETHER A PRIVATE LANDLORD,  COOPERATIVE  HOUSING  CORPORATION,  OR
 CONDOMINIUM ASSOCIATION.
   4. "ABATEMENT CALCULATION PERCENTAGE" SHALL MEAN THE PERCENTAGE FIGURE
 USED  TO CALCULATE THE AMOUNT OF THE PROPERTY TAX ABATEMENT PROVIDED FOR
 BY THIS TITLE.
   § 499-IIIII. ELIGIBILITY.  A  COVERED  BUILDING  OWNER  WHO  COMPLETES
 COVERED  REPAIRS  AND REMOVES ALL SIDEWALK SHEDS INSTALLED IN CONNECTION
 WITH THE COVERED REPAIRS WITHIN  TWELVE  MONTHS  OF  THEIR  INSTALLATION
 SHALL  BE ELIGIBLE FOR A PROPERTY TAX ABATEMENT IN THE TAX YEAR IN WHICH
 COVERED REPAIRS WERE COMPLETED AND THE ASSOCIATED  SIDEWALK  SHEDS  WERE
 REMOVED.
   §  499-JJJJJ.  GRADUATED  TAX  ABATEMENT  AMOUNTS. 1.(A) THE ABATEMENT
 SHALL BE CALCULATED BY MULTIPLYING THE ABATEMENT CALCULATION  PERCENTAGE
 AND THE LESSER OF:
   (I) THE COST OF COVERED REPAIRS; OR
   (II)  THE  PROPERTY TAXES ASSOCIATED WITH THE COVERED BUILDING FOR THE
 TAX YEAR IN WHICH COVERED REPAIRS WERE COMPLETED.
   (B) IF THE COMPLETION OF REPAIRS AND REMOVAL OF SIDEWALK SHEDS  OCCURS
 WITHIN  THREE MONTHS FROM THE INSTALLATION OF SIDEWALK SHEDS, THE ABATE-
 MENT CALCULATION PERCENTAGE SHALL BE FIFTY PERCENT.
   2. FOR EACH ADDITIONAL MONTH BEYOND THREE MONTHS UP TO TWELVE  MONTHS,
 THE ABATEMENT CALCULATION PERCENTAGE SHALL BE SET IN ACCORDANCE WITH THE
 FOLLOWING SCHEDULE:
   (A) FOUR MONTHS: FORTY-FIVE PERCENT;
   (B) FIVE MONTHS: FORTY PERCENT;
   (C) SIX MONTHS: THIRTY-FIVE PERCENT;
   (D) SEVEN MONTHS: THIRTY PERCENT;
   (E) EIGHT MONTHS: TWENTY-FIVE PERCENT;
   (F) NINE MONTHS: TWENTY PERCENT;
   (G) TEN MONTHS: FIFTEEN PERCENT;
   (H) ELEVEN MONTHS: TEN PERCENT; AND
   (I) TWELVE MONTHS: FIVE PERCENT.
   3.  NO  ABATEMENT  SHALL  BE PROVIDED IF THE COMPLETION OF REPAIRS AND
 REMOVAL OF SIDEWALK SHEDS OCCURS MORE  THAN  TWELVE    MONTHS  FROM  THE
 INSTALLATION OF SIDEWALK SHEDS.
   §  499-KKKKK.  PENALTIES.  1.  A  BUILDING OWNER WHO FAILS TO COMPLETE
 COVERED REPAIRS AND REMOVE ALL ASSOCIATED SIDEWALK SHEDS WITHIN EIGHTEEN
 MONTHS OF THEIR INSTALLATION SHALL BE SUBJECT TO A PROPERTY TAX  PENALTY
 FOR EACH SUBSEQUENT MONTH UNTIL COMPLIANCE IS ACHIEVED.
   2.  IN ANY TAX YEAR DURING WHICH SIDEWALK SHEDS REMAINED INSTALLED FOR
 MORE THAN EIGHTEEN MONTHS IN CONNECTION WITH COVERED REPAIRS, THE PENAL-
 A. 6992                             3

 TY SHALL EQUAL TEN PERCENT  OF  PROPERTY  TAXES  OTHERWISE  DUE  ON  THE
 COVERED  BUILDING,  PLUS  AN  ADDITIONAL TWO PERCENT FOR EACH ADDITIONAL
 MONTH AFTER EIGHTEEN MONTHS THAT THE SIDEWALK SHEDS REMAINED  INSTALLED,
 CALCULATED ON THE DATE OF THEIR REMOVAL OR THE FINAL DAY OF THE TAX YEAR
 IF  THEY HAVE NOT BEEN REMOVED BY THAT TIME. NOTWITHSTANDING THE FOREGO-
 ING, THE PENALTY SHALL NOT UNDER ANY  CIRCUMSTANCES  EXCEED  TWENTY-FIVE
 PERCENT OF PROPERTY TAXES OTHERWISE DUE ON A COVERED BUILDING IN ANY TAX
 YEAR.
   §  499-LLLLL.  ELIGIBILITY  FOR  ABATEMENT  AND  PENALTIES FOR ONGOING
 PROJECTS. 1. ANY COVERED REPAIRS THAT ARE  UNDERWAY  AT  THE  TIME  THIS
 TITLE  TAKES  EFFECT  SHALL BE ELIGIBLE FOR THE ABATEMENT PROVIDED UNDER
 THIS TITLE, PROVIDED THAT COVERED REPAIRS ARE COMPLETED  AND  ASSOCIATED
 SIDEWALK  SHEDS  ARE  REMOVED  WITHIN  THE  TIMEFRAMES SPECIFIED HEREIN,
 CALCULATED  USING  THE  ORIGINAL  DATE  ON  WHICH  SIDEWALK  SHEDS  WERE
 INSTALLED  EVEN  IF  THAT  DATE  IS  PRIOR TO THE EFFECTIVE DATE OF THIS
 TITLE.
   2. FOR ANY COVERED REPAIRS THAT HAVE BEEN UNDERWAY FOR LESS  THAN  ONE
 YEAR  AS  OF THE EFFECTIVE DATE OF THIS TITLE, THE TIME ELAPSED PRIOR TO
 THE EFFECTIVE DATE SHALL NOT BE COUNTED TOWARD PENALTY ASSESSMENT  UNDER
 THIS  TITLE.   FOR SUCH PROJECTS, THE PENALTY PERIOD SHALL BEGIN RUNNING
 AS OF THE EFFECTIVE DATE OF THIS TITLE.
   3. FOR ANY COVERED REPAIRS THAT HAVE BEEN UNDERWAY FOR MORE  THAN  ONE
 YEAR AS OF THE EFFECTIVE DATE OF THIS TITLE, ANY TIME EXCEEDING ONE YEAR
 PRIOR  TO THE EFFECTIVE DATE SHALL BE COUNTED TOWARD PENALTY ASSESSMENT,
 NOT TO EXCEED THE EQUIVALENT OF EIGHTEEN MONTHS' WORTH OF  REPAIR  TIME,
 AND  THEREFORE  NO  PROJECT  SHALL  BE  SUBJECT TO A PENALTY FOR COVERED
 REPAIRS THAT ARE COMPLETED AND ASSOCIATED SIDEWALK SHEDS REMOVED  WITHIN
 SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
   §  499-MMMMM.  APPLICATION  PROCESS.  1.  TO  CLAIM A TAX ABATEMENT, A
 COVERED BUILDING OWNER MUST SUBMIT PROOF OF TIMELY COMPLIANCE  WITH  THE
 REQUIREMENTS OF THIS TITLE TO THE NEW YORK CITY DEPARTMENT OF FINANCE.
   2.  THE NEW YORK CITY DEPARTMENT OF BUILDINGS SHALL PROVIDE TO THE NEW
 YORK CITY DEPARTMENT OF FINANCE ANY INFORMATION NECESSARY TO  ADMINISTER
 THE PROVISIONS OF THIS TITLE.
   3.  THE NEW YORK CITY DEPARTMENT OF FINANCE SHALL PROMULGATE ANY RULES
 OR REGULATIONS NECESSARY TO ADMINISTER THE PROVISIONS OF THIS TITLE.
   § 499-NNNNN. PENALTY DISPUTES. 1. A  BUILDING  OWNER  MAY  DISPUTE  AN
 ASSIGNED  PENALTY,  AND  THE  NEW  YORK CITY DEPARTMENT OF FINANCE SHALL
 REVIEW SUCH DISPUTES AND MAY WAIVE OR REDUCE A  PENALTY,  PROVIDED  THAT
 THE  OWNER CAN PROVIDE SATISFACTORY EVIDENCE THAT THE PERTINENT DELAY IN
 COMPLETING COVERED REPAIRS OR REMOVING ASSOCIATED SIDEWALK SHEDS WAS THE
 RESULT OF FACTORS OUTSIDE THE CONTROL OF THE BUILDING OWNER AND  OF  ANY
 ENTITIES  HIRED  BY  THE BUILDING OWNER TO COMPLETE COVERED REPAIRS. THE
 SCALE AND SCOPE OF THE REPAIRS SHALL NOT BE CONSIDERED SUCH FACTORS.
   2. A BUILDING OWNER WHO IS DISSATISFIED WITH THE DECISION OF  THE  NEW
 YORK  CITY  DEPARTMENT OF FINANCE REGARDING A PENALTY DISPUTE MAY APPEAL
 TO THE NEW YORK CITY TAX COMMISSION WITHIN THIRTY DAYS OF THE DECISION.
   § 4. This act shall take effect immediately.