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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9974--A
                   IN ASSEMBLY
                                      March 2, 2018
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on  Real  Property  Taxation  --  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 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14909-02-8
        A. 9974--A                          2
     1  applications filed after May first, two thousand  ten  and  the  initial
     2  building  permit  for such project was subject to a stop work order from
     3  the department of buildings, which  stop  work  order  resulted  in  the
     4  substantial  redesign of the project prior to the re-instatement of such
     5  building permit, the time period to file the final application for  such
     6  project shall be extended for a period of time between the initial issu-
     7  ance  of  the  stop  work  order  and the re-instatement of the building
     8  permit based on the substantial redesign of the project. The  provisions
     9  of  this  subparagraph  shall be applicable to projects with preliminary
    10  applications filed after May first, two thousand ten  and  for  which  a
    11  final certificate of occupancy has not yet been issued.
    12    §  3. Paragraph 1 of subdivision (e) of section 11-270 of the adminis-
    13  trative code of the city of New York is amended by adding a new subpara-
    14  graph (c) to read as follows:
    15    (c) Extension of  time  to  file  final  application.  Notwithstanding
    16  subparagraph (b) of this paragraph, for projects with preliminary appli-
    17  cations filed after May first, two thousand ten and the initial building
    18  permit  for  such  project  was  subject  to  a stop work order from the
    19  department of buildings, which stop work order resulted in the  substan-
    20  tial  redesign of the project prior to the re-instatement of such build-
    21  ing permit, the time period to  file  the  final  application  for  such
    22  project shall be extended for a period of time between the initial issu-
    23  ance  of  the  stop  work  order  and the re-instatement of the building
    24  permit based on the substantial redesign of the project. The  provisions
    25  of  this  subparagraph  shall be applicable to projects with preliminary
    26  applications filed after May first, two thousand ten  and  for  which  a
    27  final certificate of occupancy has not yet been issued.
    28    § 4. This act shall take effect immediately.