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A9573Assembly2017-2018 SessionSame asS7773

Give Farmingdale Tax Exemption

Official title

“Relates to authorizing the village of Farmingdale to receive retroactive real property tax exempt status”

Sponsor Michael MontesanoAD-15Affects Housing
Status
Assembly Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via S7773

What's happening

This bill allows the village of Farmingdale to apply retroactively for a property tax exemption on a specific parcel.

Why it matters

  1. Enables Farmingdale to potentially recover past tax payments. By allowing a retroactive exemption, the village could reclaim taxes it paid on property it now owns, freeing up municipal funds for other uses.

  2. Sets a precedent for tailored local relief. The bill demonstrates how state law can be used to grant individualized remedies for municipalities that miss administrative deadlines, possibly encouraging similar requests from other local governments.

  3. Requires multiple layers of approval and oversight. The process involves both the county assessor and the county legislature, ensuring that the exemption is not granted automatically and that local authorities have a say in the financial impact.

  4. Provides discretionary power for tax refunds. Even if the exemption is granted, the actual refund or cancellation of taxes and related charges is left to the discretion of the governing body or tax department, not guaranteed, highlighting local control over fiscal decisions.

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Who cares

  • Village of Farmingdale

    The bill would let the village seek a retroactive property tax exemption for 387 Conklin Street, potentially allowing refunds of taxes paid and cancellation of unpaid taxes and related charges.

  • Nassau County assessor

    The bill would authorize the assessor to accept the village’s late exemption application and, if eligibility requirements are met, correct the assessment rolls with county legislative approval.

  • Nassau County Legislature

    Its approval would be required before the assessor could correct the rolls to grant the retroactive exemption.

  • Applicable governing bodies and tax departments

    If the exemption is granted, they could choose to refund taxes paid and cancel unpaid taxes, fines, penalties, liens or interest.

Headline styles

Give Farmingdale Tax Exemption

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

Sponsors

Primary sponsor
Michael Montesano

Assembly Member · Assembly District 15

No co-sponsors yet.

History

  1. Substituted by S7773
  2. Rules report cal.326
  3. Reported
  4. Reported referred to rules
  5. Reported referred to ways and means
  6. Print number 9573a
  7. Amend (t) and recommit to real property taxation
  8. 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.

S7773Senate

Retroactive Tax Exemption for Farmingdale

Signed by Governor · Sponsor Kemp Hannon

Impact 3 · LowSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

9573--A

IN ASSEMBLY

January 23, 2018

Introduced by M. of A. MONTESANO -- read once and referred to the Committee on Real Property Taxation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT authorizing the village of Farmingdale to receive retroactive real property tax exempt status

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

Section 1. Notwithstanding any other provision of law to the contrary, the assessor of the county of Nassau is hereby authorized to accept from the village of Farmingdale an application for exemption from real property taxes pursuant to section 406 of the real property tax law, with respect to the 2015-2016 assessment roll for a portion of the 2016 general taxes and the 2016-2017 school taxes, and the 2017 general taxes, for the parcels conveyed to such municipality located at 387 Conklin Street, village of Farmingdale, town of Oyster Bay, county of Nassau, otherwise known as Nassau county parcel ID section 49 block 76 lot 7. If accepted, the application shall be reviewed as if it had been received on or before the taxable status dates established for such rolls.

If satisfied that such municipality would otherwise be entitled to such exemption if such municipality had filed an application for exemption by the appropriate taxable status date, the assessor, upon approval by the Nassau county legislature, may make appropriate correction to the subject rolls. If such exemption is granted and such municipality, therefore, shall have paid any tax with respect to the subject rolls, the applicable governing body or tax department may, in its sole discretion, provide for the refund of those taxes paid and cancel those taxes, fines, penalties, liens or interest remaining unpaid.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD14019-03-8

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.