Makes technical corrections to the real property tax law relating to the commencement and completion dates for benefit qualifying alterations and improvements.
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.
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.