A07005 Summary:

BILL NOA07005A
 
SAME ASSAME AS S03851-B
 
SPONSORLentol
 
COSPNSRColton, Weprin, Abbate, Camara, Cymbrowitz, Rodriguez, Brook-Krasny, Sepulveda
 
MLTSPNSR
 
Amd S489, RPT L
 
Makes technical corrections to the real property tax law relating to the commencement and completion dates for benefit qualifying alterations and improvements.
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A07005 Actions:

BILL NOA07005A
 
04/29/2013referred to real property taxation
05/23/2013amend and recommit to real property taxation
05/23/2013print number 7005a
01/08/2014referred to real property taxation
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A07005 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7005A
 
SPONSOR: Lentol
  TITLE OF BILL: An act to amend the real property tax law, in relation to exemption from taxation of alterations and improvements to multiple dwellings to eliminate fire and health hazards   PURPOSE: Makes technical corrections to the real property tax law relating to the commencement and completion dates for benefit qualifying alterations and improvements to ensure that projects in progress upon expiration could continue to qualify for benefits.   SUMMARY OF PROVISIONS: Provides projects commenced on or before Dec. 31, 2011 and complete before Dec. 31, 2014 will qualify for benefits under the J-5I program.   EXISTING LAW: Ch. 4 of the L. of 2013 would have required certain properties to have completed work on or before December 31, 2011 in order to qualify for benefits. This will allow those projects to complete under the old J-51 program rules and continue the requirements for those projects commenced on and after January 1, 2012.   JUSTIFICATION: Chapter 4 of the Laws of 2013 resulted in unfair treatment of properties which had been in the process of making alter- ations or improvements, or that had commenced a conversion prior to the expiration of the J-51 program. The J-51 Program has been continued in Chapter 4 but has sat new threshold requirements in order to receive benefits. Those projects which had been underway when the existing law expired had a reasonable expectation in having the program continue and that the properties would receive the benefits under the 3-51 program. This legislation creates a narrow window to allow those properties to continue to qualify for benefits, while continuing the important reforms to the program for projects commenced after January 1, 2012.   LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: On the same Pate and in the same manner as Ch. 4 of the Laws of 2013.
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A07005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7005--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 29, 2013
                                       ___________
 
        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, in relation to exemption from
          taxation of alterations and  improvements  to  multiple  dwellings  to

          eliminate fire and health hazards
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of paragraph (b) of subdivision 17 of
     2  section 489 of the real property tax law, as added by chapter 4  of  the
     3  laws of 2013, is amended to read as follows:
     4    Any  local  law  or  ordinance providing for benefits pursuant to this
     5  section must also provide the following  with  respect  to  conversions,
     6  alterations  or  improvements  [completed]  except for which a notice of
     7  intent was filed on or [after] before December thirty-first,  two  thou-
     8  sand  eleven and completed on or before December thirty-first, two thou-
     9  sand fourteen:

    10    § 2. Subparagraph (ii) of paragraph (b) of subdivision 17  of  section
    11  489  of  the real property tax law, as added by chapter 4 of the laws of
    12  2013, is amended to read as follows:
    13    (ii) no benefits pursuant to this section shall  be  granted  for  the
    14  conversion  of  any non-residential building or structure into a class A
    15  multiple dwelling unless such conversion was carried out  with  substan-
    16  tial  governmental  assistance.   This provision restricting benefits to
    17  conversions carried out with substantial governmental  assistance  shall
    18  not  apply  to  conversions  for  which a notice of intent was filed, or
    19  which commenced, before December thirty-first, two thousand  eleven  and
    20  which  were  completed  by December thirty-first, two thousand fourteen.

    21  Such conversion shall be completed within thirty months after  the  date
    22  on  which same shall be started, provided, however, that with respect to
    23  conversions commenced on or before December thirty-first,  two  thousand
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09001-08-3

        A. 7005--A                          2
 
     1  eleven,  such projects shall be completed within thirty-six months after
     2  the date on which same shall be started.
     3    §  3.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on the same  date  and  in  the  same

     5  manner as section 3 of chapter 4 of the laws of 2013, took effect.
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