Bill Text: NY A06372 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to classifying certain property held in cooperative form as class one properties for assessment purposes.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - referred to real property taxation [A06372 Detail]

Download: New_York-2023-A06372-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6372

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 5, 2023
                                       ___________

        Introduced  by M. of A. WEPRIN, CARROLL, D. ROSENTHAL -- Multi-Sponsored
          by -- M. of A.   COLTON,  COOK,  DINOWITZ,  GLICK  --  read  once  and
          referred to the Committee on Real Property Taxation

        AN  ACT  to  amend the real property tax law, in relation to classifying
          certain cooperative and condominium properties as class one properties
          for assessment purposes

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

     1    Section 1. Paragraph class one of subdivision 1 of section 1802 of the
     2  real property tax law, as amended by chapter 332 of the laws of 2008, is
     3  amended to read as follows:
     4    Class  one: (a) all one, two and three family residential real proper-
     5          ty, including such dwellings used  in  part  for  nonresidential
     6          purposes  but which are used primarily for residential purposes,
     7          except such property held in cooperative or condominium forms of
     8          ownership other than [(i)] property defined in subparagraphs (b)
     9          and (c) of this paragraph [and (ii) property which  contains  no
    10          more  than  three  dwelling  units  held  in condominium form of
    11          ownership and which was classified within this class on a previ-
    12          ous assessment roll]; and  provided  that,  notwithstanding  the
    13          provisions of paragraph (g) of subdivision twelve of section one
    14          hundred  two  of  this chapter, a mobile home or a trailer shall
    15          not be classified within this class unless it is  owner-occupied
    16          and  separately assessed; and (b) residential real property [not
    17          more than three stories in height] held in condominium  form  of
    18          ownership,  provided  that  [no dwelling unit therein previously
    19          was on an assessment roll as  a  dwelling  unit  in  other  than
    20          condominium form of ownership] such dwelling unit is occupied by
    21          its  owner; and (c) residential real property [consisting of one
    22          family house structures] owned by the occupant, situated on land
    23          held in cooperative  ownership  by  owner  occupiers[,  provided

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10363-01-3
        A. 6372                             2

     1          that;  (i)  such  house structures and land constituted bungalow
     2          colonies in existence prior to nineteen hundred forty; and  (ii)
     3          the  land  is held in cooperative ownership for the sole purpose
     4          of  maintaining  one family residences for members own use]; and
     5          (d) all vacant land located  within  a  special  assessing  unit
     6          which  is  a  city  (i)  other  than such land in the borough of
     7          Manhattan, provided that any such vacant land which is not zoned
     8          residential must be situated immediately  adjacent  to  property
     9          improved  with  a  residential  structure as defined in subpara-
    10          graphs (a) and (b) of this paragraph, be owned by the same owner
    11          as such immediately adjacent  residential  property  immediately
    12          prior  to  and  since January 1, 1989, and have a total area not
    13          exceeding 10,000 square feet; and (ii) located in the borough of
    14          Manhattan north of or adjacent to the north side of 110th street
    15          provided such vacant land was classified within  this  class  on
    16          the  assessment  roll  with  a taxable status date of January 5,
    17          2008 and the owner of such land  has  entered  into  a  recorded
    18          agreement  with  a governmental entity on or before December 31,
    19          2008 requiring construction of housing affordable to persons  or
    20          families  of low income in accordance with the provisions of the
    21          private housing finance law. Notwithstanding the foregoing, such
    22          vacant land shall be classified according  to  its  use  on  the
    23          assessment roll with a taxable status date immediately following
    24          commencement    of    construction,   provided   further,   that
    25          construction pursuant to an approved plan for affordable housing
    26          shall commence no later than December  31,  2010;  and  (e)  all
    27          vacant land located within a special assessing unit which is not
    28          a  city, provided that such vacant land which is not zoned resi-
    29          dential must be situated immediately adjacent to  real  property
    30          defined in subparagraph (a), (b) or (c) of this paragraph and be
    31          owned  by  the  same person or persons who own the real property
    32          defined in such subparagraph  immediately  prior  to  and  since
    33          January 1, 2003;
    34    §  2. This act shall take effect on the first of January next succeed-
    35  ing the date on which it shall have become a law.