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S07856 Summary:

BILL NOS07856
 
SAME ASSAME AS A04314
 
SPONSORAVELLA
 
COSPNSR
 
MLTSPNSR
 
Amd 420-c, RPT L
 
Exempts certain low income housing accommodations from local real property taxation in a city with a population of one million or more.
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S07856 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7856
 
                    IN SENATE
 
                                      May 17, 2016
                                       ___________
 
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
 
        AN ACT to amend the real property tax law,  in  relation  to  exemptions
          from local real property taxation of certain low income housing accom-
          modations in a city with a population of one million or more

          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 420-c of  the  real  property  tax
     2  law,  as  amended by chapter 104 of the laws of 1999, is amended to read
     3  as follows:
     4    1. In a city having a population of one million or more, real property
     5  owned by a corporation, partnership or limited liability company  formed
     6  for  the  purpose  of  providing  housing accommodations for persons and
     7  families of low income as defined in section two of the private  housing
     8  finance  law  and used for such purpose, shall be exempt from local real
     9  property taxation, provided that such corporation, partnership or limit-
    10  ed liability company: (a) is organized as a non-profit housing  develop-
    11  ment  fund  company  pursuant  to  article eleven of the private housing
    12  finance law and is not established or controlled by a for-profit entity,
    13  or is a non-profit housing corporation as defined in article  eleven  of
    14  the  private  housing finance law which is not incorporated as a housing
    15  development fund company as defined in article  eleven  of  the  private
    16  housing finance law and is not established or controlled by a for-profit
    17  entity,  or is a wholly-owned subsidiary of such a company or is a part-
    18  nership or limited liability company the controlling interest  of  which
    19  is held by such a company or corporation or by a wholly owned subsidiary
    20  of  such  a  company  or  by a corporation sponsored or formed by such a
    21  company or corporation; and (b) has received a loan from a municipality,
    22  the state or the housing trust fund corporation established pursuant  to
    23  section forty-five-a of the private housing finance law or any successor
    24  corporation; and (c) enters into a regulatory agreement with the munici-
    25  pality,  the  state  or  the  housing trust fund corporation established
    26  pursuant to section forty-five-a of the private housing finance  law  or
    27  any successor corporation guaranteeing the provision of housing accommo-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02450-01-5

        S. 7856                             2
 
     1  dations for persons and families of low income; and (d) is a participant
     2  in  the federal low income housing tax credit program established pursu-
     3  ant to section forty-two  of  the  internal  revenue  code  of  nineteen
     4  hundred  eighty-six,  as amended. Any exemption pursuant to this section
     5  shall expire upon the expiration or termination of the regulatory agree-
     6  ment.
     7    § 2. Subparagraphs 4 and 5  of  paragraph  (a)  of  subdivision  4  of
     8  section  420-c  of the real property tax law, subparagraph 4 as added by
     9  chapter 522 of the laws of 2004 and subparagraph 5 as amended by chapter
    10  526 of the laws of 2004, are amended to read as follows:
    11    (4) The term "charitable organization" shall mean (i) an  entity,  not
    12  established  or  controlled  by a for-profit entity, formed for purposes
    13  that include providing housing accommodations for persons  and  families
    14  of  low  income  and  that has received written recognition of exemption
    15  pursuant to section 501(c)(3)  or  section  501(c)(4)  of  the  internal
    16  revenue  code of nineteen hundred eighty-six, as amended, or any succes-
    17  sor statute, from the United States Internal  Revenue  Service,  or  any
    18  successor  agency, or (ii) a corporation, partnership or limited liabil-
    19  ity company wholly owned and wholly controlled by an entity, not  estab-
    20  lished  or  controlled  by a for-profit entity, formed for purposes that
    21  include providing housing accommodations for persons and families of low
    22  income and that has received written recognition of  exemption  pursuant
    23  to  section  501(c)(3) or section 501(c)(4) of the internal revenue code
    24  of nineteen hundred eighty-six, as amended, or  any  successor  statute,
    25  from  the United States Internal Revenue Service, or any successor agen-
    26  cy.
    27    (5) The term "eligible entity" shall mean a  corporation,  partnership
    28  or  limited  liability company at least [fifty] fifty-one percent of the
    29  controlling interest of which is held by a charitable organization.
    30    § 3. This act shall take effect immediately and  shall  apply  to  all
    31  projects  approved  on  or  after  the date on which this act shall have
    32  become a law.
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