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A05898 Summary:

BILL NOA05898E
 
SAME ASSAME AS S05779-E
 
SPONSORAngelino
 
COSPNSR
 
MLTSPNSR
 
Add §485-y, RPT L
 
Establishes a vacant residential investment exemption in cities with a population of not less than seven thousand fifty and not more than seven thousand sixty, determined in accordance with the two thousand twenty census.
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A05898 Actions:

BILL NOA05898E
 
03/24/2023referred to real property taxation
06/05/2023amend and recommit to real property taxation
06/05/2023print number 5898a
06/06/2023amend and recommit to real property taxation
06/06/2023print number 5898b
06/08/2023reference changed to ways and means
06/09/2023reported referred to rules
06/10/2023reported
06/10/2023rules report cal.852
06/10/2023ordered to third reading rules cal.852
06/10/2023home rule request
06/10/2023passed assembly
06/10/2023delivered to senate
06/10/2023REFERRED TO RULES
01/03/2024DIED IN SENATE
01/03/2024RETURNED TO ASSEMBLY
01/03/2024referred to ways and means
01/12/2024reference changed to real property taxation
01/17/2024amend and recommit to real property taxation
01/17/2024print number 5898c
05/21/2024reported referred to ways and means
05/30/2024amend and recommit to ways and means
05/30/2024print number 5898d
06/03/2024amend and recommit to ways and means
06/03/2024print number 5898e
06/06/2024reported referred to rules
06/06/2024reported
06/06/2024rules report cal.485
06/06/2024substituted by s5779e
 S05779 AMEND=E OBERACKER
 03/15/2023REFERRED TO LOCAL GOVERNMENT
 06/05/2023AMEND AND RECOMMIT TO LOCAL GOVERNMENT
 06/05/2023PRINT NUMBER 5779A
 06/06/2023AMEND AND RECOMMIT TO LOCAL GOVERNMENT
 06/06/2023PRINT NUMBER 5779B
 01/03/2024REFERRED TO LOCAL GOVERNMENT
 01/16/2024AMEND AND RECOMMIT TO LOCAL GOVERNMENT
 01/16/2024PRINT NUMBER 5779C
 05/30/2024AMEND AND RECOMMIT TO LOCAL GOVERNMENT
 05/30/2024PRINT NUMBER 5779D
 05/31/2024AMEND AND RECOMMIT TO LOCAL GOVERNMENT
 05/31/2024PRINT NUMBER 5779E
 06/03/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/03/2024ORDERED TO THIRD READING CAL.1642
 06/06/2024PASSED SENATE
 06/06/2024DELIVERED TO ASSEMBLY
 06/06/2024referred to ways and means
 06/06/2024substituted for a5898e
 06/06/2024ordered to third reading rules cal.485
 06/06/2024home rule request
 06/06/2024passed assembly
 06/06/2024returned to senate
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A05898 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5898E
 
SPONSOR: Angelino
  TITLE OF BILL: An act to amend the real property tax law, in relation to establishing a residential investment exemption in certain cities   PURPOSE OR GENERAL IDEA OF BILL: Establishes a residential investment exemption in certain cities   SUMMARY OF PROVISIONS: Section 1. The real property tax law is amended by adding a new section 485-y to read as follows: 485-y. Vacant residential real property improvement exemption; certain cities. I. Construction of improvements to residential real property, provided that such real property was vacant prior to such construction, initiated on or after January first, two thousand twenty-five in a city with a population of not less than seven thousand fifty and not more than seven thousand sixty, determined in accordance with the two thousand twenty census, may be exempt from city taxation as provided in this section. Section 2. (a) (i) During the construction period, such real property shall be fully exempt from city taxation, up to a period of eighteen months or until a certificate of occupancy is issued, whichever is soon- er, on all city taxation.   JUSTIFICATION: The City of Norwich requested this legislation to encourage development of the vacant residential parcels along with increase the City's tax base that will eventually add to the City of Norwich's taxable assessed values. To be eligible, all parcels must be classified as code 311 Resi- dential Vacant Land on the City's tax roll. Qualifying improvements will be Residential dwellings only. The City is only offering the incentive to residential dwellings not commercial to provide additional housing within the City. The incentive will allow the property owner to build the dwelling tax free for 18 months or until the Certificate of Occupancy is issued. After this time the property will be fully assessed but the property owner will have 5 years on a sliding scale before they pay taxes on their full assessment. Currently there is no specific site plan for each lot, but they must be residential dwellings and must meet all code and zoning requirements. There are approximately 70 residential vacant lots on the City's tax roll, and they are located throughout the City limits. This. legis- lation would assist the City of Norwich to provide an incentive for these residential vacant lots to property owners along with improve the housing stock within the City too.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A05898 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5898--E
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2023
                                       ___________
 
        Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
          tee  on  Real Property Taxation -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee  --  recommitted  to  the
          Committee  on  Real Property Taxation in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the real property tax law, in relation to establishing a
          residential investment exemption in certain cities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  real  property  tax  law  is amended by adding a new
     2  section 485-y to read as follows:
     3    § 485-y.  Vacant  residential  real  property  improvement  exemption;
     4  certain  cities.  1.  Construction  of  improvements to residential real
     5  property, provided that such real property was continuously vacant for a
     6  period of at least three years prior to such construction, initiated  on
     7  or  after January first, two thousand twenty-five in a city with a popu-
     8  lation of not less than seven thousand fifty and  not  more  than  seven
     9  thousand  sixty,  determined  in accordance with the two thousand twenty
    10  census, may be exempt from city taxation as provided in this section.
    11    2. (a)(i)  During the construction period, such real property shall be
    12  fully exempt from city taxation, up to a period of  eighteen  months  or
    13  until  a certificate of occupancy is issued, whichever is sooner, on all
    14  city taxation.  For the purposes of this section, the term "construction
    15  period" shall mean the period of time beginning on the  date  which  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09064-11-4

        A. 5898--E                          2
 
     1  actual construction of improvements to vacant residential real property,
     2  pursuant  to  subdivision  one  of this section, lawfully begins in good
     3  faith and ending on the date a certificate of occupancy has been issued.
     4    (ii)  (A)  Upon  the  termination  of the exemption provided for under
     5  subparagraph (i) of this paragraph, such real property shall  be  exempt
     6  for  a  period  of  one  year  to the extent of eighty per centum of the
     7  assessed value thereof and for an  additional  period  of  three  years,
     8  provided,  however,  that the extent of such exemption shall decrease by
     9  twenty per centum each year during such additional period of three years
    10  and such exemption shall be computed  with  respect  to  the  "exemption
    11  base". For the purposes of this section, the term "exemption base" shall
    12  mean  the  assessed  value  as determined by the assessor in the initial
    13  year of such four-year period following the termination of the exemption
    14  provided for under subparagraph (i) of this paragraph.
    15    (B) The following table shall illustrate the computation of  the  city
    16  tax exemption:
    17       Year of exemption        Percentage of exemption
    18          1                            80
    19          2                            60
    20          3                            40
    21          4                            20
    22    (C)  Exemptions  granted  pursuant to this section shall apply to real
    23  property taxes imposed for city purposes.
    24    (b) No such exemption shall be granted unless: (i)  such  construction
    25  of  improvements was commenced on or after the first day of January, two
    26  thousand twenty-five or such later date as may  be  specified  by  local
    27  law;
    28    (ii)  the  residential real property is situate in a city with a popu-
    29  lation of not less than seven thousand fifty and  not  more  than  seven
    30  thousand  sixty,  determined  in accordance with the two thousand twenty
    31  census; and
    32    (iii) such  construction  is  documented  by  a  building  permit,  if
    33  required,  for  the  improvements, or other appropriate documentation as
    34  required by the assessor.
    35    3. Such exemption shall be granted only upon application by the  owner
    36  of  such  real  property  on a form prescribed by the commissioner. Such
    37  application shall be filed with the assessor of a city with a population
    38  of not less than seven thousand fifty and not more than  seven  thousand
    39  sixty,  determined in accordance with the two thousand twenty census, on
    40  or before the appropriate taxable status date of such  city  and  within
    41  one  year  from  the date of completion of such construction of improve-
    42  ments.
    43    4. If the assessor is satisfied that the applicant is entitled  to  an
    44  exemption  pursuant  to this section, they shall approve the application
    45  and such real property shall thereafter  be  exempt  from  taxation  and
    46  special  ad  valorem levies by a city with a population of not less than
    47  seven thousand fifty and not more than seven thousand sixty,  determined
    48  in  accordance  with the two thousand twenty census, as provided in this
    49  section commencing with the assessment roll prepared after  the  taxable
    50  status  date  referred  to  in  subdivision  three  of this section. The
    51  assessed value of any exemption granted pursuant to this  section  shall
    52  be entered by the assessor on the assessment roll with the taxable prop-
    53  erty, with the amount of the exemption shown in a separate column.
    54    5.  In  the  event that real property granted an exemption pursuant to
    55  this section ceases to be used  primarily  for  eligible  purposes,  the
    56  exemption granted pursuant to this section shall cease.

        A. 5898--E                          3
 
     1    6.  A city with a population of not less than seven thousand fifty and
     2  not more than seven thousand sixty, determined in  accordance  with  the
     3  two  thousand twenty census, may, by local law, establish a date for the
     4  commencement of effectiveness of the exemption offered pursuant to  this
     5  section.  A  copy of all such local laws shall be filed with the commis-
     6  sioner and the assessor of the city.
     7    § 2. This act shall take effect immediately.
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