STATE OF NEW YORK ________________________________________________________________________ 5997 2023-2024 Regular Sessions IN SENATE March 27, 2023 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT to amend the real property tax law, in relation to a rebate of real property taxes on certain residential real property 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: 1 Section 1. The section heading of section 467-e of the real property 2 tax law, as added by section 1 of part V of chapter 60 of the laws of 3 2004, is amended to read as follows: 4 Rebate for owners or tenant-stockholders of one, two [or], three, 5 four, five or six family residences or residential property held in the 6 condominium or cooperative form of ownership in a city having a popu- 7 lation of one million or more. 8 § 2. Subdivision 1 of section 467-e of the real property tax law, as 9 amended by chapter 483 of the laws of 2007, is amended to read as 10 follows: 11 1. Generally. Notwithstanding any provision of any general, special or 12 local law to the contrary, any city having a population of one million 13 or more is hereby authorized and empowered to adopt and amend local laws 14 in accordance with this section to grant a rebate of real property taxes 15 for the fiscal years beginning on the first of July, two thousand 16 [three] twenty-one and ending on the thirtieth of June, two thousand 17 [nine] twenty-three in the amount of [the lesser of] up to four hundred 18 dollars [or] but in no case more than the annual tax liability imposed 19 on the property. [No such local law may be adopted unless, as originally 20 adopted, it authorizes such rebate to be granted in accordance with this 21 section for three consecutive fiscal years beginning with the fiscal 22 year beginning on the first of July, two thousand three. No such rebate 23 shall be granted by local law for any fiscal year beginning on or after 24 the first of July, two thousand nine, unless the council of such city, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09784-01-3
S. 5997 2 1 in fixing the annual tax rates for any such fiscal year, shall have 2 uniformly reduced such rates for all classes of property in order to 3 produce real property tax relief among such classes of property in an 4 amount not less than, in the aggregate, the aggregate amount of rebate 5 paid in such fiscal year. No such local law implementing the provisions 6 of this section, as amended by the chapter of the laws of two thousand 7 seven which added this sentence, may be adopted unless, as originally 8 adopted, such local law authorizes such rebate to be granted in accord- 9 ance with this section for three consecutive fiscal years beginning with 10 the fiscal year beginning on the first of July, two thousand six.] Any 11 rebate authorized by local law in accordance with this section shall be 12 paid in the fiscal year following the fiscal year for which the rebate 13 is granted. [If, with respect to the fiscal year of such city beginning 14 on the first of July, two thousand eight and ending on the thirtieth of 15 June, two thousand nine, an increase in average real property tax rates 16 would otherwise be necessary in the resolution of such city council 17 fixing real property tax rates for such fiscal year pursuant to the 18 charter of such city, then the rebate to be paid for such fiscal year 19 shall be reduced or eliminated as follows: where the sum to be raised by 20 such increase is less than seven hundred fifty million dollars, then 21 such rebate shall be reduced by fifty cents for each dollar of increase, 22 and where the sum to be raised by such increase is seven hundred fifty 23 million dollars or more, then such rebate shall be eliminated. The 24 determination of the reduction or elimination of such rebate shall be 25 set forth in such resolution after consultation with the department of 26 finance of such city and shall take effect upon the final adoption of 27 such resolution.] Such rebate shall be paid to an owner or tenant-stock- 28 holder who, as of the date the application provided for in subdivision 29 four of this section is due, owns a one, two [or], three, four, five or 30 six family residence or a dwelling unit in residential property held in 31 the condominium or cooperative form of ownership that is the owner or 32 tenant-stockholder's primary residence and meets all other eligibility 33 requirements of this section, unless the local legislative body provides 34 by local law that only owners or tenant-stockholders of a subset of 35 those property types are eligible to be paid the rebate. The local 36 legislative body may by local law restrict eligibility on the basis of 37 whether an owner or tenant-stockholder is receiving a particular other 38 benefit pursuant to this chapter or the private housing finance law. 39 [Notwithstanding anything to the contrary in sections four hundred twen- 40 ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this 41 title, an owner or tenant-stockholder whose property is receiving bene- 42 fits pursuant to such sections shall not be prohibited from receiving a 43 rebate pursuant to this section if such owner or tenant-stockholder is 44 otherwise eligible to receive such rebate. Tenant-stockholders of 45 dwelling units in a cooperative apartment corporation incorporated as a 46 mutual company pursuant to article two, four, five or eleven of the 47 private housing finance law shall not be entitled to the rebate author- 48 ized by this section.] Such rebate shall be paid by the commissioner of 49 finance to eligible owners or tenant-stockholders in accordance with 50 rules promulgated by the commissioner of finance. 51 § 3. Subparagraph 1 of paragraph a of subdivision 2 of section 467-e 52 of the real property tax law, as added by section 1 of part V of chapter 53 60 of the laws of 2004, is amended to read as follows: 54 (1) the property must be a one, two [or], three, four, five or six 55 family residence or residential property held in the condominium or 56 cooperative form of ownership unless otherwise set forth in the local
S. 5997 3 1 law adopted by the local legislative body in accordance with subdivision 2 one of this section; 3 § 4. Subparagraph 3 of paragraph a of subdivision 2 of section 467-e 4 of the real property tax law, as added by section 1 of part V of chapter 5 60 of the laws of 2004, is amended to read as follows: 6 (3) the owner must not be in arrears in the payment of real property 7 taxes in an amount in excess of twenty-five dollars for the fiscal year 8 for which the rebate is claimed and all prior fiscal years, and for 9 residential property held in the cooperative form of ownership, there 10 must be no arrears in the payment of real property taxes in an amount in 11 excess of an average of twenty-five dollars per dwelling unit in such 12 cooperative apartment corporation for the fiscal year for which the 13 rebate is claimed and all prior fiscal years, except that if the owner 14 has entered into an installment agreement with the city to address such 15 arrears and is not in default on such agreement, such owner would be 16 eligible to receive the rebate, however the amount of such rebate shall 17 first be applied to the installment agreement with any excess amount 18 provided to the owner in the form of a rebate. 19 § 5. Paragraph c of subdivision 3 of section 467-e of the real proper- 20 ty tax law, as added by section 1 of part V of chapter 60 of the laws of 21 2004, is amended to read as follows: 22 c. "Property" means a one, two [or], three, four, five or six family 23 residence or a dwelling unit in residential property held in the condo- 24 minium or cooperative form of ownership or such subset of property type 25 as set forth in the local law adopted by the local legislative body. 26 § 6. Paragraph a of subdivision 4 of section 467-e of the real proper- 27 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to 28 read as follows: 29 a. Generally. Notwithstanding any provision of any general, special or 30 local law to the contrary, an application for a rebate pursuant to this 31 section for the fiscal year beginning the first of July, two thousand 32 [three] twenty-one, shall be made no later than the date published by 33 the commissioner of finance in the city record and in other appropriate 34 general notices pursuant to this subdivision, which date shall be no 35 earlier than thirty days after the effective date of this subdivision. 36 [An application for a rebate pursuant to this section for fiscal years 37 beginning on or after the first of July, two thousand four and ending on 38 the thirtieth of June, two thousand six, shall be made no later than the 39 fifteenth of March of the fiscal year for which the rebate is claimed. 40 An application for a rebate pursuant to this section for fiscal years 41 beginning on or after the first of July, two thousand six, shall be made 42 no later than the first of September following the fiscal year for which 43 the rebate is claimed.] An application for a rebate pursuant to this 44 section shall be made no later than the fifteenth of March of the fiscal 45 year for which the rebate is claimed. All owners or tenant-stockholders 46 of property who primarily reside thereon must jointly file an applica- 47 tion for the rebate on or before the application deadline, unless such 48 owners or tenant-stockholders currently receive a real property tax 49 exemption pursuant to section four hundred twenty-five, four hundred 50 fifty-eight, four hundred fifty-eight-a, four hundred fifty-nine-c or 51 four hundred sixty-seven of this title, in which case no separate appli- 52 cation for a rebate pursuant to this section shall be required. [Such] 53 The commissioner of finance may determine the manner by which such 54 application may be filed and may require that such application [may] be 55 filed by mail if it is enclosed in a postpaid envelope properly 56 addressed to the commissioner of finance, deposited in a post office or
S. 5997 4 1 official depository under the exclusive care of the United States postal 2 service, and postmarked by the United States postal service on or before 3 the application deadline or submitted online. Each such application 4 shall be made on a form prescribed by the commissioner of finance, which 5 shall require the applicant to agree to notify the commissioner of 6 finance if his, her or their primary residence changes after receiving 7 the rebate pursuant to this section, or after filing an application for 8 such rebate, if his, her or their primary residence changes after filing 9 such application, but before receiving such rebate. The commissioner of 10 finance may request that proof of primary residence be submitted with 11 the application. No rebate pursuant to this section shall be granted 12 unless the applicant, if required to do so by this subdivision, files an 13 application within the time periods prescribed in this subdivision. 14 § 7. This act shall take effect immediately.