Bill Text: NY A03947 | 2013-2014 | General Assembly | Amended


Bill Title: Classifies properties held in condominium and cooperative form for assessment purposes as class one-a properties; requires that the annual tax rate percentage change for class one-a properties does not exceed the annual tax rate percentage change for class one properties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-29 - print number 3947a [A03947 Detail]

Download: New_York-2013-A03947-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3947--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Real Property Taxation -- recommitted to the Committee on
         Real Property Taxation in accordance with Assembly Rule 3, sec.  2  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the real property tax law and the administrative code of
         the city of New York, in relation to classifying  properties  held  in
         condominium  and  cooperative  form  for  assessment purposes as class
         one-a properties; and to amend  the  general  municipal  law  and  the
         education  law,  in  relation  to establishing limitations upon school
         district and local government tax levies in the city of New York
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 1802 of the real property tax law,
    2  as separately amended by chapters 123 and 529 of the laws of 1990, para-
    3  graph  class  one  as  amended  by  chapter  332 of the laws of 2008, is
    4  amended to read as follows:
    5    1. All real property, for the purposes of this article, in  a  special
    6  assessing unit shall be classified as follows:
    7    Class  one: (a) all one, two and three family residential real proper-
    8          ty, including such dwellings used  in  part  for  nonresidential
    9          purposes  but which are used primarily for residential purposes,
   10          except such property held in cooperative or condominium forms of
   11          ownership other than (i) property defined in  subparagraphs  (b)
   12          and  (c)  of  this paragraph and (ii) property which contains no
   13          more than three dwelling  units  held  in  condominium  form  of
   14          ownership and which was classified within this class on a previ-
   15          ous  assessment  roll;  and  provided  that, notwithstanding the
   16          provisions of paragraph (g) of subdivision twelve of section one
   17          hundred two of this chapter, a mobile home or  a  trailer  shall
   18          not  be classified within this class unless it is owner-occupied
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03714-03-4
       A. 3947--A                          2
    1          and separately assessed; and (b) residential real  property  not
    2          more  than  three  stories in height held in condominium form of
    3          ownership, provided that no dwelling unit therein previously was
    4          on an assessment roll as a dwelling unit in other than condomin-
    5          ium  form  of  ownership;  and  (c)  residential  real  property
    6          consisting of one family house structures owned by the occupant,
    7          situated on land held in cooperative ownership by owner  occupi-
    8          ers,  provided  that; (i) such house structures and land consti-
    9          tuted bungalow colonies in existence prior to  nineteen  hundred
   10          forty;  and  (ii)  the land is held in cooperative ownership for
   11          the sole  purpose  of  maintaining  one  family  residences  for
   12          members  own  use;  and  (d)  all  vacant  land located within a
   13          special assessing unit which is a city (i) other than such  land
   14          in  the borough of Manhattan, provided that any such vacant land
   15          which is not zoned  residential  must  be  situated  immediately
   16          adjacent  to  property  improved with a residential structure as
   17          defined in subparagraphs (a) and (b) of this paragraph, be owned
   18          by the same owner as such immediately adjacent residential prop-
   19          erty immediately prior to and since January 1, 1989, and have  a
   20          total area not exceeding 10,000 square feet; and (ii) located in
   21          the  borough of Manhattan north of or adjacent to the north side
   22          of 110th street provided such vacant land was classified  within
   23          this  class on the assessment roll with a taxable status date of
   24          January 5, 2008 and the owner of such land has  entered  into  a
   25          recorded  agreement  with  a  governmental  entity  on or before
   26          December 31, 2008 requiring construction of  housing  affordable
   27          to  persons  or  families  of  low income in accordance with the
   28          provisions of the private housing finance  law.  Notwithstanding
   29          the foregoing, such vacant land shall be classified according to
   30          its  use on the assessment roll with a taxable status date imme-
   31          diately  following  commencement   of   construction,   provided
   32          further,  that  construction  pursuant  to  an approved plan for
   33          affordable housing shall commence no  later  than  December  31,
   34          2010; and (e) all vacant land located within a special assessing
   35          unit  which  is not a city, provided that such vacant land which
   36          is not zoned residential must be situated  immediately  adjacent
   37          to real property defined in subparagraph (a), (b) or (c) of this
   38          paragraph and be owned by the same person or persons who own the
   39          real  property defined in such subparagraph immediately prior to
   40          and since January 1, 2003;
   41    CLASS ONE-A: ALL OTHER RESIDENTIAL REAL PROPERTY HELD  IN  CONDOMINIUM
   42          OR  COOPERATIVE  FORM  OF  OWNERSHIP  WHICH IS NOT DESIGNATED AS
   43          CLASS ONE;
   44    Class two: all other residential real property which is not designated
   45          as class one OR CLASS ONE-A, except hotels and motels and  other
   46          similar commercial property;
   47    Class  three:  utility  real  property  and property subject to former
   48          section four hundred seventy of this chapter;
   49    Class four: all other real property which is not designated  as  class
   50          one, CLASS ONE-A, class two, or class three.
   51    S  2.  Subdivision 1, paragraph (c) of subdivision 2 and subdivision 4
   52  of section 307-a of the real property tax law, as added by section 1  of
   53  part  G  of  chapter  63  of  the  laws  of 2003, are amended to read as
   54  follows:
   55    1. Generally.  Notwithstanding any provision of any  general,  special
   56  or  local law to the contrary, any city with a population of one million
       A. 3947--A                          3
    1  or more is hereby authorized and empowered to adopt and amend local laws
    2  in accordance with this section imposing an additional  tax  on  certain
    3  class  one AND CLASS ONE-A properties, as such properties are defined in
    4  section eighteen hundred two of this chapter, excluding vacant land.
    5    (c)  "Net real property tax" means the real property tax assessed on A
    6  class one OR CLASS ONE-A property after deduction for any  exemption  or
    7  abatement received pursuant to this chapter.
    8    4. Property subject to additional tax. Such surcharge shall be imposed
    9  on  class  one  AND  CLASS  ONE-A  property, excluding vacant land, that
   10  provides rental income and is not the primary residence of the owner  or
   11  owners  of  such class one OR CLASS ONE-A property, or the primary resi-
   12  dence of the parent or child of such owner or owners.
   13    S 3. Paragraph (d) of subdivision 2 of section 425 of the real proper-
   14  ty tax law, as added by section 1 of part B of chapter 389 of  the  laws
   15  of 1997 and as further amended by subdivision (b) of section 1 of part W
   16  of chapter 56 of the laws of 2010, is amended to read as follows:
   17    (d)  Equalization adjustment. To account for the variance in the level
   18  of assessment among assessing units, the figure determined in  paragraph
   19  (c) of this subdivision shall be multiplied by an "equalization factor,"
   20  which shall be the appropriate state equalization rate or special equal-
   21  ization rate established by the commissioner. Provided, that in the case
   22  of  a  special assessing unit, (i) the equalization factor for class one
   23  in each school district portion shall be the class equalization rate for
   24  class one in the portion, [and] (ii) THE EQUALIZATION FACTOR  FOR  CLASS
   25  ONE-A IN EACH SCHOOL DISTRICT PORTION SHALL BE THE EQUALIZATION RATE FOR
   26  CLASS  ONE  IN  THE PORTION, MULTIPLIED BY THE LATEST TAX RATE FOR CLASS
   27  ONE IN THE PORTION, AND THEN DIVIDED BY THE LATEST TAX  RATE  FOR  CLASS
   28  ONE-A IN THE PORTION, AND (III) the equalization factor for class two in
   29  each  school district portion shall be the equalization factor for class
   30  one in the portion, multiplied by the latest tax rate for class  one  in
   31  the  portion,  and  then divided by the latest tax rate for class two in
   32  the portion. Provided further, that in any instance when school district
   33  taxes are levied upon an assessment roll which predates the latest final
   34  assessment roll, the equalization factor shall be the state equalization
   35  rate for the assessment roll upon which school district taxes are to  be
   36  levied.
   37    S 4. Paragraph (f) of subdivision 1 of section 467-a of the real prop-
   38  erty tax law, as added by chapter 273 of the laws of 1996, is amended to
   39  read as follows:
   40    (f)  "Property"  means  real property designated as class [two] ONE-A,
   41  pursuant to section eighteen hundred two of this chapter,  held  in  the
   42  cooperative or condominium form of ownership.
   43    S 5. Subdivision 7 of section 499-aaa of the real property tax law, as
   44  added by chapter 461 of the laws of 2008, is amended to read as follows:
   45    7.  "Eligible building" shall mean a class one, CLASS ONE-A, class two
   46  or class four real property, as defined in subdivision  one  of  section
   47  eighteen  hundred  two  of  this chapter, located within a city having a
   48  population of one million or more persons. No building shall be eligible
   49  for more than one tax abatement pursuant to this title.
   50    S 6. Subdivision 7 of section 499-aaaa of the real property  tax  law,
   51  as  added  by  chapter  473  of  the laws of 2008, is amended to read as
   52  follows:
   53    7. "Eligible building" shall mean a class one, CLASS ONE-A, class  two
   54  or  class  four  real property, as defined in subdivision one of section
   55  eighteen hundred two of this chapter, located within  a  city  having  a
       A. 3947--A                          4
    1  population of one million or more persons. No building shall be eligible
    2  for more than one tax abatement pursuant to this title.
    3    S 7. Paragraph (b) of subdivision 3 of section 522 of the real proper-
    4  ty  tax  law, as added by chapter 714 of the laws of 1982, is amended to
    5  read as follows:
    6    (b) in a  special  assessing  unit,  the  determination,  pursuant  to
    7  section  eighteen  hundred two of this chapter, of whether real property
    8  is included in class one, ONE-A, two, three or four.
    9    S 8. Subdivision 10 of section 523-b of the real property tax law,  as
   10  added by chapter 593 of the laws of 1998, is amended to read as follows:
   11    10.  On  or before April first, each year the commission shall mail to
   12  each applicant, who has filed an application for the correction  of  the
   13  assessment,  a  notice  of the commission's determination of such appli-
   14  cant's assessment. Such notice shall also contain the  statement  as  to
   15  the final determination of the assessment review commission, or a state-
   16  ment  that  the  commission  has  not yet made a determination as to the
   17  final assessed valuation which shall be made as soon as the  petitioners
   18  application  is reviewed or heard. If the applicants property is a prop-
   19  erty defined in subdivision one of section eighteen hundred two of  this
   20  chapter  as  "Class  1", the commissions determination shall contain the
   21  statement: "If you  are  dissatisfied  with  the  determination  of  the
   22  Assessment  Review  Commission  and  you  are the owner of a one, two or
   23  three family residential structure or residential real property not more
   24  than three stories in height held  in  condominium  form  of  ownership,
   25  provided  that  no dwelling unit therein previously was on an assessment
   26  roll as a dwelling unit in other than condominium form of ownership, and
   27  you reside at such residence, you  may  seek  judicial  review  of  your
   28  assessment  either under title one of article seven of the real property
   29  tax law or under small claims assessment review law  provided  by  title
   30  one-A  of article seven of the real property tax law." Such notice shall
   31  also state that the last date to file petitions for judicial review  and
   32  the  location  where  small  claims  assessment  review petitions may be
   33  obtained.
   34    Each applicant that has filed an application of a property as  defined
   35  in  subdivision  one  of section eighteen hundred two of this chapter as
   36  "CLASS 1-A, "Class 2", "Class 3" or "Class 4", shall receive a notice as
   37  to the final determination of the  assessment  review  commission  or  a
   38  statement that the commission has not yet made a determination as to the
   39  final  assessed valuation which shall be made as soon as the petitioners
   40  application is reviewed or heard. Such applicants  determinations  shall
   41  contain  the  statement: "If you are dissatisfied with the determination
   42  of the Assessment Review Commission you may seek judicial review of your
   43  assessment under title one of article seven of  the  real  property  tax
   44  law."  Such  notice shall also state the last date to file petitions for
   45  judicial review. A final determination when rendered shall  contain  the
   46  same statement. Failure to mail any such notice or failure of the appli-
   47  cant  to  receive  the same shall not affect the validity of the assess-
   48  ment.
   49    S 9. Paragraph (b) of subdivision 3 of section 701 of the real proper-
   50  ty tax law, as added by chapter 714 of the laws of 1982, is  amended  to
   51  read as follows:
   52    (b)  In  a  special  assessing  unit,  the  determination, pursuant to
   53  section eighteen hundred two of this chapter, of whether  real  property
   54  is included in class one, ONE-A, two, three or four.
       A. 3947--A                          5
    1    S  10. Subparagraph 2 of paragraph (a) of subdivision 3 of section 720
    2  of the real property tax law, as amended by chapter 679 of the  laws  of
    3  1986, is amended to read as follows:
    4    (2)  "Major  type of property" in special assessing units, for assess-
    5  ments on rolls completed after December thirty-first,  nineteen  hundred
    6  eighty-one,  shall  mean  classes  one,  ONE-A,  two,  three and four as
    7  defined in subdivision one of section eighteen hundred two of this chap-
    8  ter.
    9    S 11. The opening paragraph of subdivision 1 of section  1805  of  the
   10  real property tax law, as amended by chapter 935 of the laws of 1984, is
   11  amended to read as follows:
   12    The  assessor  of  any  special  assessing unit shall not increase the
   13  assessment of any individual parcel classified in  class  one  OR  CLASS
   14  ONE-A  in  any one year, as measured from the assessment on the previous
   15  year's assessment roll, by more than six percent and shall not  increase
   16  such assessment by more than twenty percent in any five-year period. The
   17  first  such  five-year  period  shall  be  measured  from the individual
   18  assessment appearing  on  the  assessment  roll  completed  in  nineteen
   19  hundred eighty; provided that if such parcel would not have been subject
   20  to  the  provisions  of  this subdivision in nineteen hundred eighty had
   21  this subdivision then been in effect, the first  such  five-year  period
   22  shall  be  measured from the first year after nineteen hundred eighty in
   23  which this subdivision applied to such parcel or would have  applied  to
   24  such parcel had this subdivision been in effect in such year.
   25    If, in respect to any individual parcel classified in class one on the
   26  assessment  roll  completed and applicable for the year nineteen hundred
   27  eighty-two, the assessment for  the  year  nineteen  hundred  eighty-one
   28  exceeds by more than twenty percent the assessment for the year nineteen
   29  hundred eighty, such assessor shall compute the actual assessments to be
   30  entered  on  assessment  rolls  applicable to the years nineteen hundred
   31  eighty-two through nineteen hundred ninety as follows:
   32    S 12. Subdivisions e and f of section 11-208.1 of  the  administrative
   33  code  of  the  city  of  New York, subdivision e as amended by local law
   34  number 41 of the city of New York for the year 1986 and subdivision f as
   35  amended by chapter 385 of the laws of  2006,  are  amended  to  read  as
   36  follows:
   37    e. As used in this section, the term "income-producing property" means
   38  property  owned  for the purpose of securing an income from the property
   39  itself, but shall not include property with an assessed value  of  forty
   40  thousand  dollars  or  less,  or  residential property containing ten or
   41  fewer dwelling units or property classified in class one, ONE-A  or  two
   42  as  defined  in article eighteen of the real property tax law containing
   43  six or fewer dwelling units and one retail store.
   44    f. Except in accordance with proper judicial  order  or  as  otherwise
   45  provided  by law, it shall be unlawful for the commissioner, any officer
   46  or employee of the  department,  the  president  or  a  commissioner  or
   47  employee  of  the  tax commission, any person engaged or retained by the
   48  department or the tax commission on an independent  contract  basis,  or
   49  any  person,  who, pursuant to this section, is permitted to inspect any
   50  income and expense statement or to whom a copy, an abstract or a portion
   51  of any such statement is furnished, to divulge  or  make  known  in  any
   52  manner  except  as  provided  in  this subdivision, the amount of income
   53  and/or expense or any particulars set forth or  disclosed  in  any  such
   54  statement  required  under this section. The commissioner, the president
   55  of the tax commission, or any commissioner or officer or employee of the
   56  department or the tax commission charged with the custody of such state-
       A. 3947--A                          6
    1  ments shall not be required to produce any income and expense  statement
    2  or evidence of anything contained in them in any action or proceeding in
    3  any  court,  except  on  behalf of the department or the tax commission.
    4  Nothing  herein  shall be construed to prohibit the delivery to an owner
    5  or his or her duly authorized representative of a certified copy of  any
    6  statement  filed  by  such owner pursuant to this section or to prohibit
    7  the publication of statistics so classified as to prevent the  identifi-
    8  cation  of  particular statements and the items thereof, or making known
    9  aggregate income and expense information disclosed with respect to prop-
   10  erty classified as class four as defined in article eighteen of the real
   11  property tax law without identifying information about individual  leas-
   12  es,  or  making  known  a range as determined by the commissioner within
   13  which the income and expenses of a property classified as CLASS ONE-A OR
   14  class two falls, or the inspection by the legal representatives  of  the
   15  department  or  of  the tax commission of the statement of any owner who
   16  shall bring an action to correct the assessment. Any  violation  of  the
   17  provisions of this subdivision shall be punished by a fine not exceeding
   18  one thousand dollars or by imprisonment not exceeding one year, or both,
   19  at  the  discretion  of  the court, and if the offender be an officer or
   20  employee of the department or the tax commission, the offender shall  be
   21  dismissed from office.
   22    S  13.  Subdivision  a of section 11-238 of the administrative code of
   23  the city of New York, as amended by local law number 27 of the  city  of
   24  New York for the year 2006, is amended to read as follows:
   25    a.  Imposition  of  surcharge. A real property tax surcharge is hereby
   26  imposed on class one AND CLASS ONE-A property,  as  defined  in  section
   27  eighteen  hundred  two  of  the  real property tax law, excluding vacant
   28  land, that provides rental income and is not the  primary  residence  of
   29  the  owner  or  owners of such class one OR CLASS ONE-A property, or the
   30  primary residence of the parent or child of such owner or owners, in  an
   31  amount  equal  to zero percent of the net real property taxes for fiscal
   32  years beginning on or after July first, two thousand  six.  As  used  in
   33  this  section,  "net  real  property  tax"  means  the real property tax
   34  assessed on class one property after  deduction  for  any  exemption  or
   35  abatement received pursuant to the real property tax law or this title.
   36    S  14. Subdivisions a, a-1, a-2, a-3, a-4 and a-5 of section 11-319 of
   37  the administrative code of the city of New  York, subdivisions  a,  a-1,
   38  a-2  and  a-3  as amended and subdivisions a-4 and a-5 as added by local
   39  law number 15 of the city of New York for the year 2011, are amended  to
   40  read as follows:
   41    a.  A  tax  lien  or  tax  liens on a property or any component of the
   42  amount thereof may be sold by the city as authorized by subdivision b of
   43  this section, when such tax lien or tax liens shall have remained unpaid
   44  in whole or in part for one year, provided, however, that a tax lien  or
   45  tax  liens  on  any  class one property or on class [two] ONE-A property
   46  [that is a residential condominium or residential cooperative], as  such
   47  classes  of  property are defined in subdivision one of section eighteen
   48  hundred two of the real property tax law, may be sold by the  city  only
   49  when the real property tax component of such tax lien or tax liens shall
   50  have remained unpaid in whole or in part for three years or, in the case
   51  of  any  class  two  residential  property  owned by a company organized
   52  pursuant to article XI of the state private housing finance law [that is
   53  not a residential condominium or a  residential  cooperative],  as  such
   54  class  of  property  is  defined  in subdivision one of section eighteen
   55  hundred two of the real property tax law, for two years, and  equals  or
   56  exceeds  the  sum  of five thousand dollars or, in the case of abandoned
       A. 3947--A                          7
    1  class one property or abandoned class [two] ONE-A property  [that  is  a
    2  residential   condominium  or  residential  cooperative],  for  eighteen
    3  months, and after  such  sale,  shall  be  transferred,  in  the  manner
    4  provided  by  this chapter, and provided, further, however, that (i) the
    5  real property tax component of such tax lien may not be sold pursuant to
    6  this subdivision on any residential real property in class one  that  is
    7  receiving  an exemption pursuant to section 11-245.3 or 11-245.4 of this
    8  title, or pursuant to section four hundred fifty-eight of the real prop-
    9  erty tax law with respect  to  real  property  purchased  with  payments
   10  received  as prisoner of war compensation from the United States govern-
   11  ment, or pursuant to paragraph (b) or (c) of subdivision two of  section
   12  four  hundred  fifty-eight-a  of the real property tax law, or where the
   13  owner of such residential real property in class one is receiving  bene-
   14  fits  in  accordance  with department of finance memorandum 05-3, or any
   15  successor memorandum thereto, relating to active duty  military  person-
   16  nel,  or  where the owner of such residential real property in class one
   17  has been allowed a credit pursuant to  subsection  (e)  of  section  six
   18  hundred  six  of  the tax law for the calendar year in which the date of
   19  the first publication, pursuant to subdivision a of  section  11-320  of
   20  this  chapter,  of  the  notice of sale, occurs or for the calendar year
   21  immediately preceding such date and  (ii)  the  sewer  rents  component,
   22  sewer surcharges component or water rents component of such tax lien may
   23  not  be  sold pursuant to this subdivision on any one family residential
   24  real property in class one or on any two  or  three  family  residential
   25  real  property  in  class one that is receiving an exemption pursuant to
   26  section 11-245.3 or 11-245.4 of this title, or pursuant to section  four
   27  hundred  fifty-eight  of  the real property tax law with respect to real
   28  property purchased with payments received as  prisoner  of  war  compen-
   29  sation  from  the United States government, or pursuant to paragraph (b)
   30  or (c) of subdivision two of section four hundred fifty-eight-a  of  the
   31  real  property  tax  law,  or where the owner of any two or three family
   32  residential real property in class one is receiving benefits in  accord-
   33  ance  with department of finance memorandum 05-3, or any successor memo-
   34  randum thereto, relating to active duty military personnel, or where the
   35  owner of any two or three family residential real property in class  one
   36  has  been  allowed  a  credit  pursuant to subsection (e) of section six
   37  hundred six of the tax law for the calendar year in which  the  date  of
   38  the  first  publication,  pursuant to subdivision a of section 11-320 of
   39  this chapter, of the notice of sale, occurs or  for  the  calendar  year
   40  immediately preceding such date. A tax lien or tax liens on any property
   41  classified as a class two property, except [a class two property that is
   42  a  residential  condominium  or residential cooperative, or] a class two
   43  residential property owned by a company organized pursuant to article XI
   44  of the state private housing finance law  [that  is  not  a  residential
   45  condominium  or  a residential cooperative], or class three property, as
   46  such classes of property are defined in subdivision one of section eigh-
   47  teen hundred two of the real property tax law, shall not be sold by  the
   48  city  unless  such  tax  lien  or  tax liens include a real property tax
   49  component as of the date of the first publication, pursuant to  subdivi-
   50  sion  a  of  section  11-320  of  this  chapter,  of the notice of sale.
   51  Notwithstanding any provision of this subdivision to the  contrary,  any
   52  such  tax lien or tax liens that remain unpaid in whole or in part after
   53  such date may be sold regardless of whether such tax lien or  tax  liens
   54  include  a  real  property  tax  component. A tax lien or tax liens on a
   55  property classified as a class four property, as such class of  property
   56  is  defined  in  subdivision  one of section eighteen hundred two of the
       A. 3947--A                          8
    1  real property tax law, shall not be sold by the  city  unless  such  tax
    2  lien  or  tax liens include a real property tax component or sewer rents
    3  component or sewer surcharges component  or  water  rents  component  or
    4  emergency  repair charges component, where such emergency repair charges
    5  accrued on or after January first, two thousand six and are made a  lien
    6  pursuant  to  section  27-2144 of this code, as of the date of the first
    7  publication, pursuant to subdivision a of section 11-320 of  this  chap-
    8  ter,  of the notice of sale, provided, however, that any tax lien or tax
    9  liens that remain unpaid in whole or in part after such date may be sold
   10  regardless of whether such tax lien or tax liens include a real property
   11  tax component, sewer rents component, sewer surcharges component,  water
   12  rents  component  or emergency repair charges component. For purposes of
   13  this subdivision, the words "real property tax"  shall  not  include  an
   14  assessment or charge upon property imposed pursuant to section 25-411 of
   15  the  administrative  code.  A  sale  of  a  tax  lien or tax liens shall
   16  include, in addition to such lien or liens that have remained unpaid  in
   17  whole or in part for one year, or, in the case of any class one property
   18  or  class  [two]  ONE-A  property  [that is a residential condominium or
   19  residential cooperative], when the real property tax component  of  such
   20  lien  or  liens has remained unpaid in whole or in part for three years,
   21  or, in the case of any class two residential property owned by a company
   22  organized pursuant to article XI of the state  private  housing  finance
   23  law  [that  is  not  a  residential condominium or a residential cooper-
   24  ative], when the real property tax component of such lien or  liens  has
   25  remained unpaid in whole or in part for two years, and equals or exceeds
   26  the  sum  of five thousand dollars, any taxes, assessments, sewer rents,
   27  sewer surcharges, water rents, any other charges that are  made  a  lien
   28  subject  to  the provisions of this chapter, the costs of any advertise-
   29  ments and notices given pursuant to this chapter, any other charges that
   30  are due and payable, a surcharge pursuant  to  section  11-332  of  this
   31  chapter,  and  interest  and  penalties thereon or such component of the
   32  amount thereof as shall be determined by the  commissioner  of  finance.
   33  The  commissioner  of  finance may promulgate rules defining "abandoned"
   34  property, as such term is used in this subdivision.
   35    a-1. A subsequent tax lien or tax liens on a property or any component
   36  of the amount thereof may be sold by the city pursuant to this  chapter,
   37  provided, however, that notwithstanding any provision in this chapter to
   38  the  contrary,  such  tax  lien  or  tax liens may be sold regardless of
   39  whether such tax lien or tax liens have remained unpaid in whole  or  in
   40  part  for one year and, notwithstanding any provision in this chapter to
   41  the contrary, in the case of any class one property or class [two] ONE-A
   42  property [that is a residential condominium or residential  cooperative]
   43  or,  beginning  January  first,  two thousand twelve, in the case of any
   44  class two residential property owned by a company organized pursuant  to
   45  article XI of the state private housing finance law [that is not a resi-
   46  dential  condominium or a residential cooperative], such tax lien or tax
   47  liens may be sold if the real property tax component of such tax lien or
   48  tax liens has remained unpaid in whole or in  part  for  one  year,  and
   49  provided,  further, however, that (i) the real property tax component of
   50  such tax lien may not be sold pursuant to this subdivision on any  resi-
   51  dential real property in class one that is receiving an exemption pursu-
   52  ant  to  section  11-245.3  or  11-245.4  of  this title, or pursuant to
   53  section four hundred fifty-eight of  the  real  property  tax  law  with
   54  respect to real property purchased with payments received as prisoner of
   55  war compensation from the United States government, or pursuant to para-
   56  graph   (b)   or   (c)  of  subdivision  two  of  section  four  hundred
       A. 3947--A                          9
    1  fifty-eight-a of the real property tax law, or where the owner  of  such
    2  residential  real property in class one is receiving benefits in accord-
    3  ance with department of finance memorandum 05-3, or any successor  memo-
    4  randum thereto, relating to active duty military personnel, or where the
    5  owner  of such residential real property in class one has been allowed a
    6  credit pursuant to subsection (e) of section six hundred six of the  tax
    7  law  for  the  calendar year in which the date of the first publication,
    8  pursuant to subdivision a of section 11-320  of  this  chapter,  of  the
    9  notice  of  sale,  occurs or for the calendar year immediately preceding
   10  such date and (ii) the sewer rents component, sewer surcharges component
   11  or water rents component of such tax lien may not be  sold  pursuant  to
   12  this  subdivision  on  any one family residential real property in class
   13  one or on any two or three family residential real property in class one
   14  that is receiving an exemption pursuant to section 11-245.3 or  11-245.4
   15  of  this  title,  or pursuant to section four hundred fifty-eight of the
   16  real property tax law with  respect  to  real  property  purchased  with
   17  payments received as prisoner of war compensation from the United States
   18  government,  or  pursuant  to paragraph (b) or (c) of subdivision two of
   19  section four hundred fifty-eight-a of the  real  property  tax  law,  or
   20  where  the owner of any two or three family residential real property in
   21  class one is receiving benefits in accordance with department of finance
   22  memorandum 05-3, or any successor memorandum thereto, relating to active
   23  duty military personnel, or where the owner of any two or  three  family
   24  residential  real property in class one has been allowed a credit pursu-
   25  ant to subsection (e) of section six hundred six of the tax law for  the
   26  calendar  year  in  which the date of the first publication, pursuant to
   27  subdivision a of section 11-320 of this chapter, of the notice of  sale,
   28  occurs  or  for  the  calendar year immediately preceding such date. For
   29  purposes of this subdivision, the  term  "subsequent  tax  lien  or  tax
   30  liens" shall mean any tax lien or tax liens on property that become such
   31  on  or after the date of sale of any tax lien or tax liens on such prop-
   32  erty that have been sold pursuant to this  chapter,  provided  that  the
   33  prior  tax  lien  or tax liens remain unpaid as of the date of the first
   34  publication, pursuant to subdivision a of section 11-320 of  this  chap-
   35  ter,  of  the notice of sale of the subsequent tax lien or tax liens.  A
   36  subsequent tax lien or tax liens on any property classified as  a  class
   37  two  property, except [a class two property that is a residential condo-
   38  minium or residential cooperative, or] a class two residential  property
   39  owned by a company organized pursuant to article XI of the state private
   40  housing finance law [that is not a residential condominium or a residen-
   41  tial  cooperative], or class three property, as such classes of property
   42  are defined in subdivision one of section eighteen hundred  two  of  the
   43  real  property  tax  law,  shall not be sold by the city unless such tax
   44  lien or tax liens include a real property tax component as of  the  date
   45  of the first publication, pursuant to subdivision a of section 11-320 of
   46  this  chapter,  of  the notice of sale. Notwithstanding any provision of
   47  this subdivision to the contrary, any such tax lien or  tax  liens  that
   48  remain unpaid in whole or in part after such date may be sold regardless
   49  of whether such tax lien or tax liens include a real property tax compo-
   50  nent.  A  subsequent tax lien or tax liens on a property classified as a
   51  class four property, as such class of property is defined in subdivision
   52  one of section eighteen hundred two of the real property tax law,  shall
   53  not be sold by the city unless such tax lien or tax liens include a real
   54  property  tax  component  or  sewer  rents component or sewer surcharges
   55  component or water rents component or emergency  repair  charges  compo-
   56  nent,  where  such  emergency repair charges accrued on or after January
       A. 3947--A                         10
    1  first, two thousand six and are made a lien pursuant to section  27-2144
    2  of  this  code,  as  of  the  date of the first publication, pursuant to
    3  subdivision a of section 11-320 of this chapter, of the notice of  sale,
    4  provided,  however, that any tax lien or tax liens that remain unpaid in
    5  whole or in part after such date may be sold regardless of whether  such
    6  tax lien or tax liens include a real property tax component, sewer rents
    7  component, sewer surcharges component, water rents component or emergen-
    8  cy repair charges component. For purposes of this subdivision, the words
    9  "real property tax" shall not include an assessment or charge upon prop-
   10  erty  imposed  pursuant  to  section  25-411 of the administrative code.
   11  Nothing in  this  subdivision  shall  be  deemed  to  limit  the  rights
   12  conferred  by section 11-332 of this chapter on the holder of a tax lien
   13  certificate with respect to a subsequent tax lien.
   14    a-2. In addition to any sale authorized pursuant to subdivision  a  or
   15  subdivision  a-1  of  this  section and notwithstanding any provision of
   16  this chapter to the contrary, beginning on December first, two  thousand
   17  seven,  the  water rents, sewer rents and sewer surcharges components of
   18  any tax lien on any class of real property, as  such  real  property  is
   19  classified  in  subdivision  one  of section eighteen hundred two of the
   20  real property tax law, may be sold by the city pursuant to this chapter,
   21  where such water rents, sewer rents or  sewer  surcharges  component  of
   22  such  tax  lien,  as  of  the date of the first publication, pursuant to
   23  subdivision a of section 11-320 of this chapter, of the notice of  sale:
   24  (i) shall have remained unpaid in whole or in part for one year and (ii)
   25  equals or exceeds the sum of one thousand dollars or, beginning on March
   26  first, two thousand eleven, in the case of any two or three family resi-
   27  dential  real property in class one, for one year, and equals or exceeds
   28  the sum of two thousand dollars, or, beginning  on  January  first,  two
   29  thousand twelve, in the case of any class two residential property owned
   30  by a company organized pursuant to article XI of the state private hous-
   31  ing  finance law [that is not a residential condominium or a residential
   32  cooperative], as such class of property is defined in subdivision one of
   33  section eighteen hundred two of the  real  property  tax  law,  for  two
   34  years, and equals to exceeds the sum of five thousand dollars; provided,
   35  however,  that  such water rents, sewer rents or sewer surcharges compo-
   36  nent of such tax lien may not be sold pursuant to  this  subdivision  on
   37  any  one  family residential real property in class one or on any two or
   38  three family residential real property in class one that is receiving an
   39  exemption pursuant to section 11-245.3 or 11-245.4  of  this  title,  or
   40  pursuant  to  section  four hundred fifty-eight of the real property tax
   41  law with respect to real property purchased with  payments  received  as
   42  prisoner  of  war  compensation  from  the  United States government, or
   43  pursuant to paragraph (b) or (c) of  subdivision  two  of  section  four
   44  hundred  fifty-eight-a  of the real property tax law, or where the owner
   45  of any two or three family residential real property  in  class  one  is
   46  receiving  benefits  in accordance with department of finance memorandum
   47  05-3, or any successor memorandum thereto, relating to active duty mili-
   48  tary personnel, or where the owner of any two or three  family  residen-
   49  tial  real  property  in class one has been allowed a credit pursuant to
   50  subsection (e) of section six hundred six of the tax law for the  calen-
   51  dar  year in which the date of the first publication, pursuant to subdi-
   52  vision a of section 11-320 of this  chapter,  of  the  notice  of  sale,
   53  occurs  or  for the calendar year immediately preceding such date. After
   54  such sale, any such water rents, sewer rents or sewer surcharges  compo-
   55  nent  of such tax lien may be transferred in the manner provided by this
   56  chapter.
       A. 3947--A                         11
    1    a-3. In addition to any sale authorized pursuant to subdivision  a  or
    2  subdivision  a-1  of  this  section and notwithstanding any provision of
    3  this chapter to the contrary, beginning on December first, two  thousand
    4  seven, a subsequent tax lien on any class of real property, as such real
    5  property  is  classified  in subdivision one of section eighteen hundred
    6  two of the real property tax law, may be sold by the  city  pursuant  to
    7  this  chapter,  regardless  of  whether such subsequent tax lien, or any
    8  component of the amount thereof, shall have remained unpaid in whole  or
    9  in  part  for  one  year,  and regardless of whether such subsequent tax
   10  lien, or any component of the amount thereof, equals or exceeds the  sum
   11  of  one thousand dollars or beginning on March first, two thousand elev-
   12  en, in the case of any two or three family residential real property  in
   13  class  one,  a  subsequent  tax lien on such property may be sold by the
   14  city pursuant to this chapter, regardless of whether such subsequent tax
   15  lien, or any component of the amount thereof, shall have remained unpaid
   16  in whole or in part for one year, and regardless of whether such  subse-
   17  quent  tax  lien,  or  any  component  of  the amount thereof, equals or
   18  exceeds the sum of two thousand dollars, or, beginning on January first,
   19  two thousand twelve, in the case of any class two  residential  property
   20  owned by a company organized pursuant to article XI of the state private
   21  housing finance law [that is not a residential condominium or a residen-
   22  tial  cooperative],  as such class of property is defined in subdivision
   23  one of section eighteen hundred two of the  real  property  tax  law,  a
   24  subsequent tax lien on such property may be sold by the city pursuant to
   25  this  chapter,  regardless  of  whether such subsequent tax lien, or any
   26  component of the amount thereof, shall have remained unpaid in whole  or
   27  in  part  for  two  years, and regardless of whether such subsequent tax
   28  lien, or any component of the amount thereof, equals or exceeds the  sum
   29  of  five  thousand  dollars; provided, however, that such subsequent tax
   30  lien may not be sold pursuant to this  subdivision  on  any  one  family
   31  residential  real  property  in  class one or on any two or three family
   32  residential real property in class one that is  receiving  an  exemption
   33  pursuant  to  section 11-245.3 or 11-245.4 of this title, or pursuant to
   34  section four hundred fifty-eight of  the  real  property  tax  law  with
   35  respect to real property purchased with payments received as prisoner of
   36  war compensation from the United States government, or pursuant to para-
   37  graph   (b)   or   (c)  of  subdivision  two  of  section  four  hundred
   38  fifty-eight-a of the real property tax law, or where the  owner  of  any
   39  two  or three family residential real property in class one is receiving
   40  benefits in accordance with department of finance  memorandum  05-3,  or
   41  any  successor  memorandum  thereto,  relating  to  active duty military
   42  personnel, or where the owner of any two  or  three  family  residential
   43  real  property  in  class  one  has  been  allowed  a credit pursuant to
   44  subsection (e) of section six hundred six of the tax law for the  calen-
   45  dar  year in which the date of the first publication, pursuant to subdi-
   46  vision a of section 11-320 of this  chapter,  of  the  notice  of  sale,
   47  occurs  or  for the calendar year immediately preceding such date. After
   48  such sale, any such subsequent tax lien, or any component of the  amount
   49  thereof,  may be transferred in the manner provided by this chapter. For
   50  purposes of this subdivision, the term "subsequent tax lien" shall  mean
   51  the  water  rents,  sewer rents or sewer surcharges component of any tax
   52  lien on property that becomes such on or after the date of sale  of  any
   53  water  rents,  sewer rents or sewer surcharges component of any tax lien
   54  on such property that has been sold pursuant to this  chapter,  provided
   55  that  the  prior  tax  lien  remains  unpaid as of the date of the first
   56  publication, pursuant to subdivision a of section 11-320 of  this  chap-
       A. 3947--A                         12
    1  ter,  of  the notice of sale of the subsequent tax lien. Nothing in this
    2  subdivision shall be deemed to limit the  rights  conferred  by  section
    3  11-332  of  this  chapter  on  the holder of a tax lien certificate with
    4  respect to a subsequent tax lien.
    5    a-4.  In  addition  to  any sale authorized pursuant to subdivision a,
    6  a-1, a-2 or a-3 of this section and  notwithstanding  any  provision  of
    7  this  chapter  to  the  contrary, beginning on March first, two thousand
    8  eleven, the emergency repair charges component or  alternative  enforce-
    9  ment  expenses  and  fees component, where such emergency repair charges
   10  accrued on or after January first, two thousand six and are made a  lien
   11  pursuant  to  section  27-2144  of  this code, or where such alternative
   12  enforcement expenses and fees  are  made  a  lien  pursuant  to  section
   13  27-2153  of this code, of any tax lien on any class of real property, as
   14  such real property is defined in subdivision  one  of  section  eighteen
   15  hundred two of the real property tax law, may be sold by the city pursu-
   16  ant  to  this  chapter, where such emergency repair charges component or
   17  alternative enforcement expenses and fees component of such tax lien, as
   18  of the date of the first  publication,  pursuant  to  subdivision  a  of
   19  section  11-320  of  this chapter, of the notice of sale: (i) shall have
   20  remained unpaid in whole or in part for one year,  and  (ii)  equals  or
   21  exceeds  the sum of one thousand dollars or, beginning on January first,
   22  two thousand twelve, in the case of any class two  residential  property
   23  owned by a company organized pursuant to article XI of the state private
   24  housing finance law [that is not a residential condominium or a residen-
   25  tial  cooperative],  as such class of property is defined in subdivision
   26  one of section eighteen hundred two of the real property  tax  law,  for
   27  two  years,  and  equals  or  exceeds  the sum of five thousand dollars;
   28  provided, however, that  such  emergency  repair  charges  component  of
   29  alternative enforcement expenses and fees component of such tax lien may
   30  not be sold pursuant to this subdivision on any one, two or three family
   31  residential  real  property in class one, except a three family residen-
   32  tial property in class  one  where  such  property  is  subject  to  the
   33  provisions  of section 27-2153 of this code and is not the primary resi-
   34  dence of the owner.  After such sale, any such emergency repair  charges
   35  component or alternative enforcement expenses and fees component of such
   36  tax lien may be transferred in the manner provided by this chapter.
   37    a-5.  In  addition  to  any sale authorized pursuant to subdivision a,
   38  a-1, a-2 or a-3 of this section and  notwithstanding  any  provision  of
   39  this  chapter  to  the  contrary, beginning on March first, two thousand
   40  eleven, a subsequent tax lien on any class of real property,  or  begin-
   41  ning  on January first, two thousand twelve in the case of any class two
   42  residential property owned by a company organized pursuant to article XI
   43  of the state private housing finance law  [that  is  not  a  residential
   44  condominium or a residential cooperative], a subsequent tax lien on such
   45  property,  may  be sold by the city pursuant to this chapter, regardless
   46  of the length of time such subsequent tax lien, or any component of  the
   47  amount thereof, shall have remained unpaid, and regardless of the amount
   48  of  such  subsequent  tax lien. After such sale, any such subsequent tax
   49  lien, or any component of the amount thereof, may be transferred in  the
   50  manner  provided  by this chapter. For purposes of this subdivision, the
   51  term "subsequent tax lien"  shall  mean  the  emergency  repair  charges
   52  component  or alternative enforcement expenses and fees component, where
   53  such emergency repair charges accrued on or  after  January  first,  two
   54  thousand  six  and  are  made a lien pursuant to section 27-2144 of this
   55  code, or where such alternative of enforcement  expenses  and  fees  are
   56  made a lien pursuant to section 27-2153 of this code, of any tax lien on
       A. 3947--A                         13
    1  property that becomes such on or after the date of sale of any emergency
    2  repair  charges  component  or alternative enforcement expenses and fees
    3  component, of any tax lien on such property that has been sold  pursuant
    4  to  this  chapter, provided that the prior tax lien remains unpaid as of
    5  the date of the first publication, pursuant to subdivision a of  section
    6  11-320  of  this  chapter,  of  the notice of sale of the subsequent tax
    7  lien. Nothing in this subdivision shall be deemed to  limit  the  rights
    8  conferred  by section 11-332 of this chapter on the holder of a tax lien
    9  certificate with respect to a subsequent tax lien.
   10    S 15.  Subparagraph (i) of paragraph 2 of subdivision b  and  subpara-
   11  graph  (ii)  of  paragraph  1  of subdivision h of section 11-320 of the
   12  administrative code of the city of New York, subparagraph (i)  of  para-
   13  graph  2 of subdivision b as amended by local law number 147 of the city
   14  of New York for the year 2013 and subparagraph (ii) of  paragraph  1  of
   15  subdivision  h  as  added by local law number 15 of the city of New York
   16  for the year 2011, are amended to read as follows:
   17    (i) Such notices shall also include,  with  respect  to  any  property
   18  owner in class one, CLASS ONE-A or class two, as such classes of proper-
   19  ty are defined in subdivision one of section eighteen hundred two of the
   20  real  property  tax  law, an exemption eligibility checklist. Within ten
   21  business days of receipt of a completed exemption eligibility  checklist
   22  from such property owner, provided that such receipt occurs prior to the
   23  date  of  sale  of any tax lien or tax liens on his or her property, the
   24  department of finance shall review such checklist to determine, based on
   25  the information provided by the property owner,  whether  such  property
   26  owner  could be eligible for any exemption, credit or other benefit that
   27  would entitle them to be excluded from a  tax  lien  sale  and,  if  the
   28  department determines that such property owner could be eligible for any
   29  such  exemption, credit or other benefit, shall mail such property owner
   30  an application for the appropriate exemption, credit or  other  benefit.
   31  If,  within  twenty business days of the date the department mailed such
   32  application, the department has not  received  a  completed  application
   33  from  such property owner, the department shall mail such property owner
   34  a second application, and shall telephone the  property  owner,  if  the
   35  property owner has included his or her telephone number on the exemption
   36  eligibility checklist.
   37    (ii)  all  class two residential property owned by a company organized
   38  pursuant to article XI of the state private housing finance law [that is
   39  not a residential condominium or a residential cooperative] on which any
   40  tax lien has been sold pursuant to subdivision a, a-2 or a-4 of  section
   41  11-319 of this title.
   42    S  16. Subdivision (a) of section 11-354 of the administrative code of
   43  the city of New York, as amended by local law number 37 of the  city  of
   44  New York for the year 1996, is amended to read as follows:
   45    (a) Notwithstanding any other provision of law and notwithstanding any
   46  omission  to  hold  a tax lien sale, whenever any tax, assessment, sewer
   47  rent, sewer surcharge, water rent,  any  charge  that  is  made  a  lien
   48  subject to the provisions of this chapter or chapter four of this title,
   49  or  interest and penalties thereon, has been due and unpaid for a period
   50  of at least one year from the date on which the tax, assessment or other
   51  legal charge represented thereby became a lien, or in the  case  of  any
   52  class one property or any class [two] ONE-A property [that is a residen-
   53  tial condominium or residential cooperative], as such classes of proper-
   54  ty are defined in subdivision one of section eighteen hundred two of the
   55  real  property tax law, or in the case of a multiple dwelling owned by a
   56  company organized pursuant to article XI of the private housing  finance
       A. 3947--A                         14
    1  law with the consent and approval of the department of housing preserva-
    2  tion and development, for a period of at least three years from the date
    3  on  which  the  tax, assessment or other legal charge became a lien, the
    4  city,  as  owner  of  a  tax lien, may maintain an action in the supreme
    5  court to foreclose such lien. Such  action  shall  be  governed  by  the
    6  procedures set forth in section 11-335 of this chapter; provided, howev-
    7  er,  that  such  parcel  shall  only  be sold to the highest responsible
    8  bidder. Such purchaser shall be deemed qualified as a responsible bidder
    9  pursuant to such criteria as are established in rules promulgated by the
   10  commissioner of finance after  consultation  with  the  commissioner  of
   11  housing preservation and development.
   12    S  17. The opening paragraph of subdivision 4 of section 11-401 of the
   13  administrative code of the city of New  York,  as  added  by  local  law
   14  number  37 of the city of New York for the year 1996, is amended to read
   15  as follows:
   16    "Distressed property." Any parcel of class one, CLASS ONE-A  or  class
   17  two  real property that is subject to a tax lien or liens with a lien or
   18  liens to value ratio, as determined  by  the  commissioner  of  finance,
   19  equal  to  or  greater  than  fifteen  percent and that meets one of the
   20  following two criteria:
   21    S 18. Subdivisions a and b of section 11-401.1 of  the  administrative
   22  code  of  the  city  of New York, as added by local law number 37 of the
   23  city of New York for the year 1996, are amended to read as follows:
   24    a. The commissioner of finance shall, not less than sixty days preced-
   25  ing the date of the sale of a tax lien  or  tax  liens,  submit  to  the
   26  commissioner  of  housing  preservation and development a description by
   27  block and lot, or by such other identification as  the  commissioner  of
   28  finance may deem appropriate, of any parcel of class one, CLASS ONE-A or
   29  class  two  real property on which there is a tax lien that may be fore-
   30  closed by the city. The commissioner of housing preservation and  devel-
   31  opment shall determine, and direct the commissioner of finance, not less
   32  than ten days preceding the date of the sale of a tax lien or tax liens,
   33  whether  any such parcel is a distressed property as defined in subdivi-
   34  sion four of section 11-401 of this chapter. Any tax lien on a parcel so
   35  determined to be a distressed property shall not  be  included  in  such
   36  sale.  In  connection with a subsequent sale of a tax lien or tax liens,
   37  the commissioner of finance may, not less than sixty days preceding  the
   38  date  of  the sale, resubmit to the commissioner of housing preservation
   39  and development a description by block and lot, or by such  other  iden-
   40  tification  as  the commissioner of finance may deem appropriate, of any
   41  parcel of class one, CLASS ONE-A or class two  real  property  that  was
   42  previously determined to be a distressed property pursuant to this para-
   43  graph  and  on  which  there  is a tax lien that may be included in such
   44  sale. The commissioner of housing  preservation  and  development  shall
   45  determine,  and  direct  the  commissioner of finance, not less than ten
   46  days preceding the date of the  sale,  whether  such  parcel  remains  a
   47  distressed  property.  If  the  commissioner of housing preservation and
   48  development determines that the parcel is  not  a  distressed  property,
   49  then the tax lien on the parcel may be included in the sale.
   50    b.  The commissioner of housing preservation and development may peri-
   51  odically review whether a parcel of class one, CLASS ONE-A or class  two
   52  real property that is subject to subdivision c of this section or subdi-
   53  vision  j of section 11-412.1 of this chapter remains a distressed prop-
   54  erty. If the commissioner determines that the parcel is not a distressed
   55  property as defined in subdivision four of section 11-401 of this  chap-
   56  ter, then the parcel shall not be subject to such subdivisions.
       A. 3947--A                         15
    1    S  19.  Subdivision  b of section 11-404 of the administrative code of
    2  the city of New York, as amended by local law number 37 of the  city  of
    3  New York for the year 1996, is amended to read as follows:
    4    b. A tax lien on any class one property or any class [two] ONE-A prop-
    5  erty  [that is a residential condominium or residential cooperative], as
    6  such classes of property are defined in subdivision one of section eigh-
    7  teen hundred two of the real property  tax  law,  and  on  any  multiple
    8  dwelling  owned  by  a  company  organized pursuant to article XI of the
    9  private housing finance law with the consent and approval of the depart-
   10  ment of housing preservation and development, shall not be foreclosed in
   11  the manner provided in this chapter until such tax lien has been due and
   12  unpaid for a period of at least three years from the date on  which  the
   13  tax, assessment or other legal charge represented thereby became a lien.
   14    S  20.  Paragraph 5 of subdivision c of section 11-405 of the adminis-
   15  trative code of the city of New York, as added by local law number 37 of
   16  the city of New York for the year 1996, is amended to read as follows:
   17    (5) Notwithstanding paragraph one, two or three of  this  subdivision,
   18  with  respect to installment agreements duly made, executed and filed on
   19  or after the date on which this paragraph takes effect, the commissioner
   20  of finance may also exclude or thereafter  remove  from  such  list  any
   21  parcel  of class one, CLASS ONE-A or class two real property, other than
   22  a parcel described in paragraph four of this subdivision, as to which an
   23  agreement has been duly made, executed and filed with such  commissioner
   24  for  the  payment  of  the  delinquent taxes, assessments or other legal
   25  charges, and the interest and penalties thereon,  in  installments.  The
   26  first  installment thereof shall be paid upon the filing of the install-
   27  ment agreement with the commissioner and shall be in an amount equal  to
   28  not  less  than  fifteen  percent of the total amount of such delinquent
   29  taxes, assessments or other legal charges and the interest and penalties
   30  thereon. The remaining installments, which shall be twice the number  of
   31  unpaid  quarters  of  real  estate  taxes or the equivalent thereof, but
   32  which shall in no event exceed thirty-two in number,  shall  be  payable
   33  quarterly on the first days of July, October, January and April. For the
   34  purposes  of  calculating  the  number  of  such remaining installments,
   35  unpaid real estate taxes that are due and payable on other than a  quar-
   36  terly basis shall be deemed to be payable on a quarterly basis.
   37    S 21.  Section 3-b of the general municipal law is amended by adding a
   38  new subdivision 3 to read as follows:
   39    3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BEGIN-
   40  NING IN THE FISCAL YEAR COMMENCING ON OR AFTER JULY FIRST, TWO  THOUSAND
   41  FIFTEEN,  THE ANNUAL PERCENTAGE CHANGE IN THE REAL PROPERTY TAX RATE FOR
   42  TAXES LEVIED BY THE CITY OF NEW YORK AND THE COUNTIES CONTAINED  THEREIN
   43  FOR CITY AND COUNTY PROPOSES FOR CLASS ONE-A PROPERTIES SHALL NOT EXCEED
   44  THE  ANNUAL PERCENTAGE CHANGE IN SUCH TAX RATE FOR CLASS ONE PROPERTIES,
   45  AS SUCH CLASSES OF PROPERTY ARE DEFINED IN SUBDIVISION  ONE  OF  SECTION
   46  EIGHTEEN  HUNDRED TWO OF THE REAL PROPERTY TAX LAW. FOR PURPOSES OF THIS
   47  SUBDIVISION "ANNUAL  PERCENTAGE  CHANGE"  SHALL  MEAN  THE    PERCENTAGE
   48  DIFFERENCE BETWEEN THE RATE OF TAX IMPOSED DURING THE COMING FISCAL YEAR
   49  AND THE RATE OF TAX IMPOSED DURING THE FISCAL YEAR IMMEDIATELY PRECEDING
   50  THE COMING FISCAL YEAR.
   51    S  22.  The education law is amended by adding a new section 2023-c to
   52  read as follows:
   53    S 2023-C.  LIMITATIONS UPON NEW YORK CITY SCHOOL DISTRICT TAX  LEVIES.
   54  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BEGINNING IN
   55  THE FISCAL YEAR COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN,
   56  THE  ANNUAL  PERCENTAGE CHANGE IN THE TAX RATE FOR TAXES LEVIED BY OR ON
       A. 3947--A                         16
    1  BEHALF OF ANY SCHOOL DISTRICT IN THE CITY OF NEW YORK AND  THE  COUNTIES
    2  CONTAINED  THEREIN  FOR SCHOOL DISTRICT PURPOSES FOR CLASS ONE-A PROPER-
    3  TIES SHALL NOT EXCEED THE ANNUAL PERCENTAGE CHANGE IN SUCH TAX RATE  FOR
    4  CLASS  ONE PROPERTIES, AS SUCH CLASSES OF PROPERTY ARE DEFINED IN SUBDI-
    5  VISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
    6  FOR PURPOSES OF THIS SUBDIVISION "ANNUAL PERCENTAGE CHANGE"  SHALL  MEAN
    7  THE  PERCENTAGE  DIFFERENCE  BETWEEN  THE RATE OF TAX IMPOSED DURING THE
    8  COMING FISCAL YEAR AND THE RATE OF TAX IMPOSED DURING  THE  FISCAL  YEAR
    9  IMMEDIATELY PRECEDING THE COMING FISCAL YEAR.
   10    S 23. This act shall take effect on the first of January next succeed-
   11  ing  the  date  on  which  it shall have become a law and shall apply to
   12  assessment rolls prepared pursuant to a taxable status date occurring on
   13  or after such date; provided, however, that effective  immediately,  the
   14  addition,  amendment  and/or  repeal of any rule or regulation necessary
   15  for the implementation of this act on its effective date are  authorized
   16  and directed to be made and completed on or before such effective date.
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