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S2566Senate2011-2012 SessionSame asA3916

Clarifies the exemption for cooperative housing corporations where there is no change in beneficial ownership

Sponsor Carl KrugerSD-27Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
Carl Kruger

Senator · Senate District 27

No co-sponsors yet.

History

  1. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3916Assembly

Clarifies the exemption for cooperative housing corporations where there is no change in beneficial ownership

In Assembly Committee · Ways And Means · Sponsor Alec Brook-Krasny

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2566

Title of bill

An act to amend the tax law, in relation to clarifying the exemption for cooperative housing corporations where there is no change in beneficial ownership

Purpose

This bill would clarify the exemption in the tax law for cooperative housing corporations when there is no change in beneficial ownership.

Justification

The intent of the Mitchell-Lama, when enacted, was to create much needed affordable housing through the use of low interest loans and reduced real estate taxes for fixed periods in order to create needed housing. Once a cooperative had repaid its government loans, it would cease to be a regulated cooperative and become standard cooperative. The law intended for coops to evolve out of regulation.

Over the last several years, a number of cooperatives have met their obligations, and have exited the Mitchell-Lama program. This process includes approval of both the NYS Division of Housing and Community Renewal and the New York State Attorney's General's office. The Mitchell-Lama program is seen as one of the most cost-effective and successful housing programs ever created.

Following the issuance of an advisory opinion in 2008, the NYS Department of Taxation and Finance has opened audits of the many former Mitchell-Lama buildings that have come out of the program in recent years, and concluded that in a number of cases State tax was due as a result of this conversion. This increase in audit activity prompted additional examination by the Department on this retroactive application of the tax. In April 2010, they issued an advisory opinion which concludes that the conversion of a not for profit housing company to a private cooperative housing corporation constitutes a conveyance by the plan sponsor of the real property comprising the cooperative dwelling, and would be subject to the real estate transfer tax. This advisory opinion provides limited guidance regarding the exemption provided if there is no change in the beneficial ownership.

This bill would clarify that for certain conversions, in which there is no change in the beneficial ownership of the property, would qualify for this exemption.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.