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A4450Assembly2017-2018 SessionSame asS3878

Exempt Redeveloped Homes from Taxes

Official title

“Relates to authorizing a residential redevelopment inhibited property exemption”

Sponsor Robin SchimmingerAD-140+3 co-sponsorsAffects Housing
Status
In Assembly Committee
Real Property Taxation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Real Property Taxation

What's happening

This bill allows any New York city, town, or village to grant property tax exemptions for redeveloped, previously neglected residential properties.

Why it matters

  1. Expands eligibility for local property tax exemptions. By changing “city” to “municipality,” the bill allows any city, town, or village—not just certain small cities—to offer property tax breaks for redeveloped, previously neglected residential properties, potentially increasing use of this incentive across New York State.

  2. Targets blight and vacancy. The exemption is only available for properties that are abandoned, vacant for three years, foreclosed due to unpaid taxes, or have code violations exceeding property value. This focuses the benefit on the most troubled properties, encouraging their return to productive use.

  3. Strict owner-occupancy requirement. Exemptions are limited to owner-occupied, single-family homes. This aims to promote stable homeownership and neighborhood investment rather than absentee landlord or investor-driven redevelopment.

  4. Gradual phase-out of tax benefits. The exemption period is tied to the financial "gap" between redevelopment costs and increased property value, with a maximum of 25 years and a scheduled reduction in the last eight years. This balances incentivizing redevelopment with gradually restoring the tax base over time.

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Who cares

Headline styles

Exempt Redeveloped Homes from Taxes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robin Schimminger

Assembly Member · Assembly District 140

History

  1. Referred to real property taxation
  2. Referred to real property taxation

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.

S3878Senate

Expand Property Tax Exemptions

In Assembly Committee · Real Property Taxation · Sponsor Michael H. Ranzenhofer

Impact 5 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4450

2017-2018 Regular Sessions

IN ASSEMBLY

February 2, 2017

Introduced by M. of A. SCHIMMINGER, McDONALD -- read once and referred to the Committee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to authorizing a residential redevelopment inhibited property exemption

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 485-r of the real property tax law, as added by chapter 406 of the laws of 2015 and paragraph (f) of subdivision 1 as amended by chapter 28 of the laws of 2016, is amended to read as follows:

§ 485-r. Residential redevelopment inhibited property exemption[; certain cities]. 1. As used in this section, the following terms shall have the following meanings:

(a) "Redevelopment inhibited property" shall mean a residential property that has been neglected or abandoned because of the local economic conditions and/or conditions on the property that inhibit such property from being redeveloped by the private sector. Redevelopment inhibited property shall not include land that is undeveloped.

(b) "Gap financing costs" shall mean the total cost of the property's redevelopment as approved by the [city] municipality minus the increase in the full valuation of the property upon completion of the redevelopment.

(c) "Base assessment" shall mean the assessed value of the property on the day the [city] municipality designates the property as redevelopment inhibited.

(d) "Increased assessment" shall mean the assessed value of the property as determined by the assessor upon completion of the redevelopment.

(e) "Incremental increase in annual property taxes" shall mean the taxes based on the increased assessment minus the taxes based on the base assessment.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07927-01-7

A. 4450 2

(f) ["City" shall mean a city with a population of not less than fifteen thousand two hundred fifty and not more than fifteen thousand five hundred as determined by the latest federal decennial census.] "Municipality" means any city, town or village.

2. A [city] municipality may, by local law, provide for the exemption of real property from taxation as provided in this section. Subsequent to the adoption of such local law, the county in which such [city] municipality is located may after a public hearing and by local law, and any school district, all or part of which is located in such [city] municipality, may, by resolution, exempt such property from its taxation in the same manner and to the same extent as the [city] municipality has done.

3. A [city] municipality shall designate any property within the [city] municipality's boundaries as a redevelopment inhibited property if one or more of the following are met:

(a) the [city] municipality has acquired title to the property pursuant to article nineteen-A of the real property actions and proceedings law; or

(b) the property has been continuously vacant for a period of at least three years; or

(c) the [city] municipality has acquired title to the property via foreclosure for unpaid taxes pursuant to article eleven of this chapter; or

(d) the property has outstanding zoning, housing, or uniform code violations and the cost of remedying the violations exceeds the property's value.

4. (a) Upon the adoption of such local law, redevelopment inhibited property shall be exempt from taxation and special ad valorem levies to the extent of any increase in value attributable to demolition, alteration, rehabilitation, or remediation pursuant to the following requirements:

(i) the demolition, alterations, rehabilitation, and/or remediation shall be permitted by the [city's] municipality's bureau of inspection such that building or plumbing permits issued and said demolition, alterations, rehabilitation, and/or remediation shall have met all necessary approvals per the applicable New York state uniform fire prevention and building code, the [city's] municipality's municipal code and the [city's] municipality's bureau of inspection upon completion; and

(ii) the property for which the exemption is sought shall be an owner-occupied one-family residence; and

(iii) the owner of such property shall file annually an affidavit of residency with the assessor of the [city] municipality on or before the appropriate taxable status date of such [city] municipality, confirming continued owner-occupancy of the property; and

(iv) the redevelopment inhibited property is exempt from taxation and special ad valorem levies attributable to the increased assessment minus the taxes and special ad valorem levies imposed on the base assessment. Such exemption shall not apply to special assessments.

(b) In the event the property granted an exemption pursuant to this section ceases to be owner-occupied and/or the affidavit of residency is not filed annually for the approved exemption period, the exemption granted pursuant to this section shall cease.

(c) In the event the property granted an exemption pursuant to this section ceases to be a one-family dwelling, the exemption granted pursuant to this section shall cease.

A. 4450 3

(d) In the event the owner of the property is convicted of a violation or misdemeanor pursuant to New York state uniform fire prevention and building code or the [city's] municipality's municipal code, the exemption granted pursuant to this section shall cease.

5. (a) Such redevelopment inhibited property shall be exempt for a period equal to the gap financing costs divided by the incremental increase in annual property taxes resulting from such redevelopment. The exemption period shall be rounded up to the nearest whole number and shall not exceed twenty-five years.

(b) The extent of such exemption shall decrease the last eight years of the exemption period by twelve and one-half percent of the increase in assessment due to the redevelopment equaling a zero percent exemption on the final year of the exemption period.

6. (a) Such exemption shall be granted only upon application by the owner of such building for the residential redevelopment inhibited property exemption, on a form prescribed by the [city] municipality. Such application must be filed with the assessor of the [city] municipality on or before the appropriate taxable status date of such [city] municipality. The application must be filed with the assessor of the [city] municipality within three years from the date of completing the demolition, alterations, rehabilitation, and/or remediation.

(b) The owner filing for such exemption shall not be required to be the owner responsible for completing the demolition, alterations, rehabilitation, and/or remediation.

(c) If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies by the [city] municipality commencing with the assessment roll prepared after the taxable status date referred to in this subdivision. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor of the [city] municipality on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.

(d) Once granted, the residential redevelopment inhibited property exemption runs with the land for the exemption period pursuant to this section.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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