Requires taxpayers claiming certain tax credits and exemptions related to real estate development to be in compliance with minority and women-owned business enterprise participation in contracts provisions

The real property tax law has been amended in the following sections and states that any local law or resolution providing for a tax exemption that will require the taxpayer claiming the exemption be in in full compliance with the provisions:

Section 2, Section 5, Section 6, Section 8,9,10,& 11- Section 421-f, 421-ff, 421-h chapter (Ch) 502, 421-h Ch550, Section 13 & 14- Section 421-I Ch397 & 421-I Ch181, Section 16 & 17- 421-j Ch399 & 421-j Ch590, Section 19- 421-q, Section 21 & 22- 421-m & 421-n,and Section 23.

Section 3 - The real property tax law is amended to state that application forms for exemption under this section shall be filed with the assessors between February 1st and March 15th and no certification of eligibility will be issued by the local housing agency until the agency determines that the applicant is in full compliance with the provisions of sections 312 and 313.

Section 4 - States that no exemption shall be allowable under the provisions of this section unless the taxpayer claiming the exemption is in full compliance with the provisions, however, that a taxpayer granted a waiver of compliance as provided shall be in compliance with such provisions.

Section 7 - The real property tax law is amended to state that the exemption of cooperative, condominium, homesteading and rental projects from local taxation

1. The local legislative body of any city, town or village is hereby authorized and empowered to adopt and amend a local law to provide that any cooperative, condominium, homesteading or rental project which receives payments, grants or loans pursuant to article 18 of the private housing finance law shall be exempt from taxation as provided in such local law.

2. Any local law providing for tax exemption shall require that the taxpayer claiming the exemption be in full compliance with the provisions, provided, however, that a taxpayer granted a waiver of compliance

Section 19 - The real property tax law is amended stating

b. the owner of real property applying for such exemption has satisfied all outstanding town, country, village and school tax obligations

c. Such reconstruction, alteration or improvement is documented by a building permit for the improvements or other appropriate documentation as required by the assessor and/or code enforcement officer

d. Any local law or resolution providing for a tax exemption that will require the taxpayer claiming the exemption be in in full compliance with the provisions.

The following sections of the real property law have been renumbered: Section 12- Section 421-h Ch550 at 421-o, Section 15- Section 421-i Ch181 to section 421-p, and Section 18- Section 421-j Ch590 is renumbered to 421-q.

The private housing law is amended to require applicants to be in full compliance with the provisions in order to be eligible for a contract(Section 23), loan or grant(Section 24), or provision of a tax exemption or tax abatement (Section 25).

The administrative code of the city of New York is amended to state that no tax exemption of abatement shall be allowable under the provisions of Section 27, 28, 29 & 30- Sections 11-242, 11-243, 11-244,& 11-257, and Section 31 & 32 - Sections 26-406 & 26-50 unless the taxpayer claiming the exemption of the abatement is in full compliance with the provisions.

Justification

This bill will leverage an opportunity for the State to honor its commitment to minority and women owned business enterprises. MBEs would benefit because any real estate developers that are benefitting from tax credits and exemptions would be required to attach a MWBE participation goal to their projects.

Prior legislative history

None

Fiscal implications

None

Effective date

This act shall take effect immediately; provided, however, that: a. The provisions of this act shall expire and be deemed repealed on the same date as section 313 of the executive law expires and is deemed repealed pursuant to subdivision (h) of section 121 of chapter 268 of the laws of 1988, as amended; b. The amendments to section 421-d of the real property tax law made by section 6 of this act shall not affect the repeal of such section and shall be deemed repealed therewith; c. The amendments to section 467-b of the real property tax law made by section 232 of this act shall survive the expiration and reversion of such section as provided in section 17 of chapter 576 of the always of 1974, as amended; and d. The amendments to section 26-509 of the administrative code of the city of New York made by section 32 of this act shall not affect the expiration of such section 26-520 of such code and shall expire therewith.