Bill Text: NY A09974 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to extending the time to file a final application under the industrial and commercial abatement program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-28 - print number 9974a [A09974 Detail]

Download: New_York-2017-A09974-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9974
                   IN ASSEMBLY
                                      March 2, 2018
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Real Property Taxation
        AN ACT to amend the real property tax law and the administrative code of
          the  city  of  New  York,  in relation to extending the time to file a
          final  application  under  the  industrial  and  commercial  abatement
          program
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. The legislature hereby finds that the
     2  industrial and commercial abatement program (ICAP) has  been  successful
     3  in  encouraging  economic  growth  and  development in areas of New York
     4  city. ICAP imposes a strict requirement that the final  application  for
     5  ICAP  benefits  be  filed within one year of the issuance of a project's
     6  first building permit. However, the ICAP legislation's  strict  one-year
     7  filing  requirement  results  in  harsh outcomes for applicants in situ-
     8  ations where the New York city department of  buildings  issued  a  stop
     9  work order necessitating the substantial redesign of a project after the
    10  issuance  of  the  first building permit. In such instances, ICAP appli-
    11  cants are required to redesign their projects  and  substantively  amend
    12  their  ICAP applications without providing any extension of the one year
    13  final application filing period. The  strict  application  of  the  ICAP
    14  final  application  deadline  in  such  circumstances is contrary to the
    15  intent of the ICAP law and the New York city department of  finance  has
    16  attempted  to  address these inequities in the promulgation of new rules
    17  defining what constitutes the initial building permit for ICAP projects.
    18  This legislation would amend the strict final application  deadline  for
    19  pre-existing projects and enable affected projects to receive ICAP bene-
    20  fits prospectively.
    21    §  2. Paragraph (a) of subdivision 5 of section 489-cccccc of the real
    22  property tax law is amended by adding a new subparagraph (iii)  to  read
    23  as follows:
    24    (iii)  Extension  of  time to file final application.  Notwithstanding
    25  subparagraph (ii) of  this  paragraph,  for  projects  with  preliminary
    26  applications  filed prior to May first, two thousand ten and the initial
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14909-01-8
        A. 9974                             2
     1  building permit for such project was subject to a stop work  order  from
     2  the  department  of  buildings,  which  stop  work order resulted in the
     3  substantial redesign of the project prior to the re-instatement of  such
     4  building  permit, the time period to file the final application for such
     5  project shall be extended for a period of time between the initial issu-
     6  ance of the stop work order  and  the  re-instatement  of  the  building
     7  permit  based on the substantial redesign of the project. The provisions
     8  of this subparagraph shall be applicable to  projects  with  preliminary
     9  applications  filed prior to May first, two thousand ten and for which a
    10  final certificate of occupancy has not yet been issued.
    11    § 3. Paragraph 1 of subdivision (e) of section 11-270 of the  adminis-
    12  trative code of the city of New York is amended by adding a new subpara-
    13  graph (c) to read as follows:
    14    (c)  Extension  of  time  to  file  final application. Notwithstanding
    15  subparagraph (b) of this paragraph, for projects with preliminary appli-
    16  cations filed prior to May first,  two  thousand  ten  and  the  initial
    17  building  permit  for such project was subject to a stop work order from
    18  the department of buildings, which  stop  work  order  resulted  in  the
    19  substantial  redesign of the project prior to the re-instatement of such
    20  building permit, the time period to file the final application for  such
    21  project shall be extended for a period of time between the initial issu-
    22  ance  of  the  stop  work  order  and the re-instatement of the building
    23  permit based on the substantial redesign of the project. The  provisions
    24  of  this  subparagraph  shall be applicable to projects with preliminary
    25  applications filed prior to May first, two thousand ten and for which  a
    26  final certificate of occupancy has not yet been issued.
    27    § 4. This act shall take effect immediately.