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A04455 Summary:

SPONSORRosenthal L
Amd §14, Pub Hous L; add §307-b, RPT L; add §99-qq, St Fin L
Directs the commissioner of housing and community renewal to create and maintain a database of vacant residential housing units, and to create an affordable housing development program; imposes a tax on vacant residential housing units; creates an affordable housing development program fund.
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A04455 Actions:

02/15/2023referred to housing
01/03/2024referred to housing
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A04455 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 15, 2023
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing
        AN ACT to amend the public housing law, in  relation  to  maintaining  a
          database  of  vacant  residential  housing  units  and establishing an
          affordable housing development program; to amend the real property tax
          law, in relation to imposing a tax on certain vacant residential hous-
          ing units; and to amend the state finance law, in relation  to  estab-
          lishing an affordable housing development fund
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 14 of the public housing law is amended  by  adding
     2  two new subdivisions 8 and 9 to read as follows:
     3    8. (a) The commissioner shall establish and maintain a public database
     4  of  all residential dwelling units, in multiple dwellings containing six
     5  or more separate units, that have been vacant for at least  one  hundred
     6  eighty days in the state of New York.
     7    (b)  The  owner  of  any  multiple dwelling with at least six separate
     8  residential dwelling units  shall  register  with  the  database,  under
     9  penalty of perjury, all units:
    10    (i) that have been vacant for at least one hundred eighty days;
    11    (ii)  whose  last  tenant  paid  a rent that was rent stabilized, rent
    12  controlled, administered by a state or local section eight administering
    13  agency, or an amount of rent which was charged with the  approval  of  a
    14  federal, state or local governmental agency; and
    15    (iii) that the owner is not offering for rent at a legal rate or less.
    16    9. The commissioner shall establish an "affordable housing development
    17  program",  which  shall use monies received by the commissioner from the
    18  affordable housing development fund pursuant to paragraph (b) of  subdi-
    19  vision three of section ninety-nine-qq of the state finance law, for the
    20  following purposes:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4455                             2
     1    (a) to provide rental subsidies for individuals age sixty-two or older
     2  and  rental subsidies for households with a combined household income of
     3  fifty thousand dollars or less; and
     4    (b)  the  acquisition  and  rehabilitation of multi-unit buildings, in
     5  which at least  one-third  of  residential  units  are  unoccupied,  for
     6  affordable  housing, and the operation of such buildings acquired and/or
     7  rehabilitated under such program.
     8    § 2. The real property tax law is amended  by  adding  a  new  section
     9  307-b to read as follows:
    10    § 307-b. Additional tax on vacant residential housing units. 1. Gener-
    11  ally.  Notwithstanding  any  provision of any general, special, or local
    12  law to the contrary, an annual real  property  tax  surcharge  shall  be
    13  imposed in accordance with this section on each owner that owns a multi-
    14  ple dwelling containing one or more vacant residential housing units.
    15    2.  Definitions.  As  used  in this section, the following terms shall
    16  have the following meanings:
    17    (a) "Dwelling" means any building or structure or portion thereof that
    18  is occupied in whole or in part as the home, residence or sleeping place
    19  of one or more human beings.
    20    (b) "Multiple dwelling"  means  a  dwelling  that  is  either  rented,
    21  leased,  let  or  hired out, to be occupied, or is occupied as the resi-
    22  dence or home of six or more individuals or groups of individuals living
    23  independently of each other. A "multiple dwelling" shall not  be  deemed
    24  to include a class B multiple dwelling as defined by section four of the
    25  multiple  dwelling  law,  or a hospital, convent, monastery, residential
    26  care facility, or a building used wholly for commercial purposes.
    27    (c) "Owner" means any individual, partnership,  business,  corporation
    28  or  hedge fund, that owns a multiple dwelling or residential unit within
    29  a multiple dwelling subject to the provisions of this section.
    30    (d) "Residential housing unit" means a room or group of rooms within a
    31  multiple dwelling that is designated as the living quarters for an indi-
    32  vidual or group of individuals living independently from other  individ-
    33  uals occupying such multiple dwelling.
    34    (e)  "Vacancy  exclusion  period" means days falling within any of the
    35  following periods:
    36    (i) the period beginning upon the  date  that  an  application  for  a
    37  permit  for  repair,  rehabilitation,  or  construction of a residential
    38  housing unit is filed pursuant to state  or  local  law,  ordinance,  or
    39  regulation, and ending upon approval or denial of such application;
    40    (ii)  the  period during which a permit for repair, rehabilitation, or
    41  construction of a residential housing unit issued pursuant to  state  or
    42  local law, ordinance, or regulation is valid;
    43    (iii) the one-year period following the construction, repair, or reha-
    44  bilitation of any new residential housing unit;
    45    (iv) the two-year period following the date that a residential housing
    46  unit  was  severely  damaged  and  made uninhabitable or unusable due to
    47  fire, natural disaster, or other catastrophic event;
    48    (v) the period during which a residential housing unit is the  princi-
    49  pal place of residence of any owner of such residential housing unit;
    50    (vi)  any  period covered under the terms of a lease agreement between
    51  the owner and a tenant or tenants;
    52    (vii) the one-year period following the death of any owner  or  tenant
    53  of a residential housing unit; or
    54    (viii)  any  days falling within the same year an owner took or trans-
    55  ferred ownership of a residential housing unit.

        A. 4455                             3
     1    (f) "Vacant" means unoccupied, uninhabited, or unused  for  more  than
     2  one hundred eighty days, whether consecutive or nonconsecutive, in a tax
     3  year.
     4    (g)  "Vacant  residential  housing unit tax" means the additional real
     5  property tax surcharge imposed pursuant to paragraph (a) of  subdivision
     6  three of this section.
     7    3.  Additional vacant residential housing unit tax. (a) For the fiscal
     8  year beginning in two thousand twenty-five, and  each  year  thereafter,
     9  there  shall  be  imposed  on any owner of a multiple dwelling an annual
    10  real property tax surcharge for each vacant residential housing unit  in
    11  such multiple dwelling of three thousand dollars.
    12    (b)  The  vacant  residential housing unit tax shall be payable by the
    13  owner or owners of the vacant residential  unit  subject  to  such  real
    14  property  tax  surcharge.  Not  more  than  one  such  real property tax
    15  surcharge shall be imposed under this section for a single vacant  resi-
    16  dential  unit  for  a  tax  year by reason of multiple liable owners. If
    17  there are multiple liable owners under this subdivision, each such owner
    18  shall be jointly and severally liable for the vacant residential housing
    19  unit tax, which shall be the highest amount of such tax payable  by  any
    20  owner for the vacant residential housing unit subject to such real prop-
    21  erty tax surcharge.
    22    4. Payment of tax; presumption of vacancy. (a) Each person required to
    23  pay  a  vacant residential housing unit tax under this section shall pay
    24  such tax to the appropriate collecting officer, in the manner that shall
    25  be prescribed by the commissioner, and any local laws, rules,  or  regu-
    26  lations authorized by the commissioner.
    27    (b) Each owner of a multiple dwelling shall report annually the vacan-
    28  cy  status of any residential housing units in such multiple dwelling in
    29  a manner to be prescribed by the commissioner. The failure of  an  owner
    30  to  report  such vacancy status shall result in a presumption of vacancy
    31  for the applicable residential housing units. Such owner may rebut  such
    32  presumption  of  vacancy  by  producing  satisfactory evidence that such
    33  residential unit was not vacant for the relevant tax year.
    34    5. Exemptions and exclusions. (a) In determining whether an owner  has
    35  kept a residential housing unit vacant for the purposes of this section,
    36  days falling within a vacancy exclusion period shall not be considered.
    37    (b) The following entities shall be exempt from the vacant residential
    38  housing unit tax:
    39    (i) any organization that is exempt from income taxation under section
    40  501 (c) (3) of the United States Internal Revenue code, as amended; or
    41    (ii)  the  state  or  any county, city, town, village or other munici-
    42  pality within the state, or any agency, department, division, office, or
    43  other body thereof.
    44    6. Revenues. Revenues received from payment of the vacant  residential
    45  housing  unit  tax shall be paid into the affordable housing development
    46  fund created pursuant to section ninety-nine-qq  of  the  state  finance
    47  law.
    48    7.  Administration.  The  commissioner  shall promulgate any rules and
    49  regulations, and authorize any local laws,  regulations  or  ordinances,
    50  necessary for the administration of this section.
    51    § 3. The state finance law is amended by adding a new section 99-qq to
    52  read as follows:
    53    §  99-qq.  Affordable  housing  development  fund.  1. There is hereby
    54  established in the joint custody of the state comptroller,  the  commis-
    55  sioner of housing and community renewal and the commissioner of taxation

        A. 4455                             4
     1  and  finance  a  fund to be known as the "affordable housing development
     2  fund".
     3    2.  Such fund shall consist of all real property tax revenues received
     4  by the commissioner of taxation and finance pursuant  to  section  three
     5  hundred seven-b of the real property tax law and all other monies trans-
     6  ferred  to such fund pursuant to law. Any interest earned by the invest-
     7  ment of monies in such fund shall be added to such fund, become  a  part
     8  of such fund, and be used for the purpose of such fund.
     9    3. (a) Monies of such fund shall be expended first by the commissioner
    10  of taxation and finance, as needed, to cover the costs of administration
    11  of  the  vacant residential housing unit tax under section three hundred
    12  seven-b of the real property tax law, and refunds  of  any  overpayments
    13  made under such section.
    14    (b) Remaining monies of such fund, after appropriate expenditures have
    15  been  made under paragraph (a) of this subdivision, shall be expended by
    16  the commissioner of housing and community renewal for the  operation  of
    17  the  affordable  housing  development  program under subdivision nine of
    18  section fourteen of the public housing law.
    19    4. Monies shall be payable from the fund on the audit and  warrant  of
    20  the  comptroller  on vouchers approved and certified by the commissioner
    21  of taxation and finance or the commissioner  of  housing  and  community
    22  renewal.
    23    §  4.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law. Effective immediately, the addition, amendment and/or
    25  repeal of any rule or regulation necessary  for  the  implementation  of
    26  this  act  on its effective date are authorized to be made and completed
    27  on or before such effective date.
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