Expand Class One Property Eligibility

Section 1. Paragraph class one of subdivision 1 of section 1802 of the real property tax law, as amended by chapter 332 of the laws of 2008, is amended to read as follows:

Class one: (a) all one, two and three family residential real proper-

ty, including such dwellings used in part for nonresidential

purposes but which are used primarily for residential purposes,

except such property held in cooperative or condominium forms of

ownership other than [(i)] property defined in subparagraphs (b)

and (c) of this paragraph [and (ii) property which contains no

more than three dwelling units held in condominium form of

ownership and which was classified within this class on a previ-

ous assessment roll]; and provided that, notwithstanding the

provisions of paragraph (g) of subdivision twelve of section one

hundred two of this chapter, a mobile home or a trailer shall

not be classified within this class unless it is owner-occupied

and separately assessed; and (b) residential real property [not

more than three stories in height] held in condominium form of

ownership, provided that [no dwelling unit therein previously

was on an assessment roll as a dwelling unit in other than

condominium form of ownership] such dwelling unit is occupied by

its owner; and (c) residential real property [consisting of one

family house structures] owned by the occupant, situated on land

held in cooperative ownership by owner occupiers[, provided

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

[ ] is old law to be omitted.

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A. 3988 2

that; (i) such house structures and land constituted bungalow

colonies in existence prior to nineteen hundred forty; and (ii)

the land is held in cooperative ownership for the sole purpose

of maintaining one family residences for members own use]; and

(d) all vacant land located within a special assessing unit

which is a city (i) other than such land in the borough of

Manhattan, provided that any such vacant land which is not zoned

residential must be situated immediately adjacent to property

improved with a residential structure as defined in subpara-

graphs (a) and (b) of this paragraph, be owned by the same owner

as such immediately adjacent residential property immediately

prior to and since January 1, 1989, and have a total area not

exceeding 10,000 square feet; and (ii) located in the borough of

Manhattan north of or adjacent to the north side of 110th street

provided such vacant land was classified within this class on

the assessment roll with a taxable status date of January 5,

2008 and the owner of such land has entered into a recorded

agreement with a governmental entity on or before December 31,

2008 requiring construction of housing affordable to persons or

families of low income in accordance with the provisions of the

private housing finance law. Notwithstanding the foregoing, such

vacant land shall be classified according to its use on the

assessment roll with a taxable status date immediately following

commencement of construction, provided further, that

construction pursuant to an approved plan for affordable housing

shall commence no later than December 31, 2010; and (e) all

vacant land located within a special assessing unit which is not

a city, provided that such vacant land which is not zoned resi-

dential must be situated immediately adjacent to real property

defined in subparagraph (a), (b) or (c) of this paragraph and be

owned by the same person or persons who own the real property

defined in such subparagraph immediately prior to and since

January 1, 2003;

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.