What's happening
This bill allows municipalities to set more restrictive definitions for "commercial purpose or use" and "mixed-use property" in property tax exemptions.
Why it matters
Empowers local governments to tailor property tax exemptions. By allowing municipalities to set stricter definitions for "commercial purpose or use" and "mixed-use property," the bill gives communities more control over who qualifies for tax breaks, potentially reducing unintended or overly broad exemptions.
Could impact development and investment decisions. Stricter local definitions might limit eligibility for tax incentives, affecting the financial viability of certain real estate projects, especially in areas aiming to restrict commercial expansion or ensure mixed-use developments meet specific community standards.
Enables responsive policy to local needs. Municipalities can address unique local concerns—such as preventing loopholes, curbing over-commercialization, or protecting residential character—by tightening definitions, rather than relying on broader state-level standards.
May create variation and complexity across jurisdictions. Property owners and developers operating in multiple municipalities could face inconsistent rules, complicating compliance and planning for property investments.
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Who cares
Headline styles
Let Towns Restrict Commercial Use
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
1 Multi-sponsor
History
- Referred to ways and means
- Reported referred to ways and means
- Referred to real property taxation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3483
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to authorizing municipalities to restrict the definitions of "commercial purpose or use" and "mixed-use property"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 485-a of the real property tax law, as amended by chapter 632 of the laws of 2004, is amended to read as follows:
2. Any municipality may, by local law, provide for the exemption of real property from taxation as provided in this section. Upon the adoption of such a local law, the county in which such municipality is located may, by local law, and any school district, all or part of which is located in such municipality, may, by resolution, exempt such property from its taxation in the same manner and to the same extent as such municipality has done. Further, such municipality may by local law specify a more restrictive definition of "commercial purpose or use" and "mixed-use property" than is defined by paragraphs (d) and (e) of subdivision one of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06087-01-9
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.