Establishes the residential open green space tax abatement for certain properties in N.Y. city

Title of bill

An act to amend the real property tax law, in relation to establishing the residential open green space tax abatement for certain properties in a city of one million or more

Summary of specific provisions

Section one of this bill amends Article 4 of the Real Property Tax Law by adding a new Title 4D entitled "Residential Open Green Space Tax Abatement for Certain properties in a City of One Million or More Persons." This new Title provides property owners with tax abatement for eligible buildings that have residential open green space. The amount of the abatement is $4.50 per square foot of residential open green space with a limit of the lesser of $1,000 or the tax liability for the property in the year when the abatement is claimed. The abatement is granted for one year, provided that the residential open green space is maintained during the entire year for which the abatement is claimed and that the building is not in arrears for any taxes, water and sewer charges or other municipal charges. If a building is not in compliance, the abatement granted may be revoked.

"Residential open green space" is defined as residential yards, including adjoining rear yards and rear facades that have been altered by removing an impermeable surface (such as concrete) and covered with soil and vegetation. An "eligible building" is a building in a city with a population of one million or more for which the abatement provided by this title has not been claimed.

Section two of this bill provides that this act shall take effect immediately.

Justification

This bill seeks to achieve the same goal as the Green Roof Tax Abatement For Certain Properties In A City Of One Million Or More Persons that was added to the Real Property Tax Law by Chapter 461 of the Laws of 2008 and set to expire on June 30, 2019, which is to create a greener city by providing a tax incentive for creating and maintaining residential green space.

Across New York City, cemented, or otherwise impermeably coated areas exist behind buildings, adjoining rear yards or creating rear facades. These spaces account for a great deal of unutilized areas within the city. Creating an incentive for home or building owners to remove the existing impermeable materials and replace them with a green space consisting of soil and vegetation will benefit the city as a whole.

This action of "greening the city," will improve the quality of living for all dwellers by enriching the community with more oxygen, reducing the amount of climate changing pollutants in the air and generally improving the city's aesthetic appeal. In addition, taxpayers will benefit because adding vegetation to the landscape reduces storm water runoff and takes pressure off of the sewer system.

In total, this will result in a more inviting community space, healthier inhabitants and a reduced burden on, the city and the taxpayers of New York.

Prior legislative history

2015: S.1469 - Referred to Cities 2014: S.5593 - Passed the Senate 2013: S.5593 - Referred to Cities

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately.