S T A T E O F N E W Y O R K ________________________________________________________________________ 7676--A I N S E N A T E June 13, 2012 ___________ Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to authorizing a tax exemption for a not-for-profit corporation used exclusively to provide housing for aged persons of low, moderate or middle income in cities with a certain population; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The real property tax law is amended by adding a new 2 section 488-b to read as follows: 3 S 488-B. EXEMPTION FOR PROVISION OF HOUSING FOR AGED PERSONS; CERTAIN 4 CITIES. 1. IN A CITY WITH A POPULATION BETWEEN TWENTY-THREE THOUSAND 5 EIGHT HUNDRED AND TWENTY-FOUR THOUSAND ACCORDING TO THE TWO THOUSAND TEN 6 CENSUS, A LOCALITY SUCH AS A CITY COUNCIL OR COUNTY LEGISLATURE MAY BE 7 AUTHORIZED THROUGH AN AFFIRMATIVE VOTE OF A MAJORITY OF SUCH COUNCIL OR 8 LEGISLATURE TO EXEMPT FROM REAL PROPERTY TAX FOR THE ASSESSMENT ROLL FOR 9 EACH INDIVIDUAL ASSESSMENT YEAR ANY REAL PROPERTY OWNED BY A 10 NOT-FOR-PROFIT CORPORATION ORGANIZED PURSUANT TO THE NOT-FOR-PROFIT 11 CORPORATION LAW AND THE PROVISIONS OF ARTICLE TWO OF THE PRIVATE HOUSING 12 FINANCE LAW, USED EXCLUSIVELY TO PROVIDE HOUSING FOR AGED PERSONS OF 13 LOW, MODERATE, OR MIDDLE INCOME WHO, AS DEFINED BY THE STATE HOUSING 14 FINANCE AGENCY, REQUIRE ASSISTANCE WITH AT LEAST ONE INSTRUMENTAL ACTIV- 15 ITY OF DAILY LIVING, INCLUDING BUT NOT LIMITED TO, CONGREGATE MEALS; 16 ACCESS TO MEDICAL ASSISTANCE; SECURITY; HOUSEKEEPING AND OTHER INCI- 17 DENTALS. 18 2. AN AFFIRMATIVE VOTE BY A LOCALITY TO EXEMPT A NOT-FOR-PROFIT CORPO- 19 RATION FROM REAL PROPERTY TAX FOR ANY ASSESSMENT YEAR SHALL BE ACCEPTED 20 BY THE COUNTY OR CITY ASSESSOR OF SUCH LOCALITY AND ANY APPROPRIATE 21 CORRECTIONS SHALL BE MADE BY THE ASSESSOR TO THE SUBJECT ROLL OR ROLLS. 22 IF SUCH EXEMPTION IS AUTHORIZED BY THE LOCALITY AND IF SUCH NOT-FOR-PRO- 23 FIT CORPORATION SHALL HAVE PAID ANY TAX WITH RESPECT TO SUCH SUBJECT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15940-07-2 S. 7676--A 2 1 ROLL OR ROLLS, THE GOVERNING BODY OR TAX DEPARTMENT SHALL PROVIDE FOR 2 THE REFUND OF THOSE TAXES PAID AND CANCEL TAXES, FINES, PENALTIES OR 3 INTEREST REMAINING UNPAID. 4 S 2. This act shall take effect immediately; provided, however, that 5 this act shall expire January 1, 2023 when upon such date the provisions 6 of this act shall be deemed repealed.