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S2090Senate2017-2018 Session

Track Tax Exemption Compliance

Official title

“Relates to municipal monitoring of compliance with requirements of local laws granting certain tax exemptions”

Sponsor Tony AvellaSD-11Affects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

What's happening

This bill requires municipalities granting real property tax exemptions to monitor and document compliance with exemption requirements.

Why it matters

  1. Increases accountability for tax-exempt properties. By requiring municipalities to monitor and keep records of compliance, the bill aims to ensure that recipients of property tax exemptions (such as developers) actually fulfill all legal requirements tied to those exemptions.

  2. Helps prevent abuse or misuse of tax incentives. Regular documentation and oversight can deter fraud or negligence, making it harder for property owners to receive exemptions they’re not qualified for or to violate terms, such as affordable housing or construction standards.

  3. Could impact future tax exemption approvals. Municipalities may become more cautious or selective when granting tax exemptions, knowing they must actively monitor and document compliance, potentially leading to more responsible use of public resources.

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Who cares

  • Watching

    Municipal governments

    Municipalities granting Section 421-a project exemptions established by local law would have to monitor compliance with that section and retain records documenting compliance.

  • Watching

    Developers and property owners with Section 421-a exemptions

    Their exempt projects would be subject to municipal monitoring of compliance with Section 421-a requirements.

  • Watching

    Municipal tax and housing officials

    Officials administering these exemptions would need to account for the bill’s compliance-monitoring and record-retention duties.

Headline styles

Track Tax Exemption Compliance

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

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Referred to housing, construction and community development
  2. Referred to housing, construction and community development

Full text

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

STATE OF NEW YORK

2090

2017-2018 Regular Sessions

IN SENATE

January 12, 2017

Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development

AN ACT to amend the real property tax law, in relation to municipal monitoring of compliance with requirements of local laws granting certain tax exemptions

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

Section 1. Section 421-a of the real property tax law is amended by adding a new subdivision 18 to read as follows:

18. A municipality which has granted tax exemption status to a project under this section shall monitor compliance with the requirements of this section if any local law establishes such exemption. Municipalities shall retain records documenting such compliance.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD01217-01-7

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

Sponsor's memo

Title of bill

An act to amend the real property tax law, in relation to municipal monitoring of compliance with requirements of local laws granting certain tax exemptions

Purpose or general idea of bill

This bill mandates that municipalities monitor compliance with Section 421-tax exemptions provided to property owners.

Summary of specific provisions

Section 1 of the bill amends section 421-a of the real property tax law by adding a new subdivision 18 that states that a municipality that has granted tax exemption status to a project under this section shall monitor compliance with the requirements of this section if any local law establishes such exemption. The bill also requires municipalities to retain records documenting such compliance.

Section 2 of the bill sets forth an immediate effective date.

Justification

Real property tax exemptions under Section 421-a are an important incentive to encourage property owners to engage in responsible development such as including affordable housing units within their proposed multifamily residential development plans.

Such incentives are a powerful tool municipalities can use to address housing issues within their communities; however, they are also an incredible windfall to property owners who often stand to save millions of dollars in property taxes for extended periods of time. This is especially the case when certain unscrupulous developers fail to comply with the terms of the agreements under which they were granted such tax exemptions.

In a recent case in the city of New York, a property owner received 421-a tax exemption status based on proposed plans to develop a condominium or rental project but instead was operating an extended stay hotel which violates the terms of the 421-a program. New York State Attorney General Eric Schneiderman uncovered this fraud and reached a settlement with the property owner who will now be forced to pay back more than $4 million in property taxes and convert the building into a rent-stabilized apartment building.

It is likely that there are many more property owners who are failing to comply with the 421-program requirements, yet municipalities have done little to follow through and ensure that these property owners are indeed complying and not simply stealing public money.

Section 421-a does not currently have any mandated provision regarding program compliance and this bill will create that mandate which provide much needed assurance that the public will not be defrauded.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.

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