A 3284: Establishes a tax on certain vacant residential properties in the city of New York; provides exemptions for certain vacant properties.

  
  STATE OF NEW YORK ________________________________________________________________________ 3284 2025-2026 Regular Sessions  IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. BORES -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to enabling any city having a population of one million or more to impose and collect taxes on vacant residential property The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new section 1201-f to 2 read as follows: 3 § 1201-f. Vacancy tax. (a) Notwithstanding any other provision of law 4 to the contrary, any city having a population of one million or more is 5 hereby authorized and empowered to adopt and amend local laws imposing 6 in any such city a tax such as the legislature has or would have the 7 power and authority to impose on any residential property which has been 8 vacant for a period of not less than one hundred eighty days or which is 9 not the primary residence of any individual. The tax on such vacant 10 residential property shall be one and one-half percent of the assessed 11 property value for the first two years of such vacancy and three percent 12 of the assessed property value after two years of such vacancy. 13 (b) Vacancies shall be automatically presumed except where a tax 14 filing corresponds to an address or, for tax non-filers, upon submission 15 of an exemption request to the department of revenue of such city. 16 Exemptions shall require the submission of other, non-tax filing, 17 documentation of residency at the address for the duration required 18 including bills, bank statements, pay stubs, a notarized lease, a letter 19 from the landlord, or an insurance policy. 20 (c) The following properties shall be exempt from the vacancy tax 21 established pursuant to subdivision (a) of this section: 22 (i) properties built within the previous year; 23 (ii) properties where a registered owner died in the previous year; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04193-01-5 
 A. 3284 2 1 (iii) properties undergoing renovation, provided that the permit for 2 such renovations has been filed with the city for the year the property 3 is vacant; and 4 (iv) properties where the previous occupants have been moved to a 5 hospital or long term or supportive care facility and where there is an 6 expectation that such occupants may be able to return to such property. 7 (d) Any such local law may provide for exclusions or exemptions from 8 such tax other than those specified in this section. 9 (e) Such tax may be imposed, administered, collected and enforced by 10 the commissioner of finance of such city by such means and in such 11 manner as other taxes that are now imposed, administered, collected and 12 enforced by such commissioner in accordance with the charter or adminis- 13 trative code of any such city or as otherwise may be provided by any 14 such local law. 15 (f) In the case of a willfully false or fraudulent return with intent 16 to evade the tax, an additional fee of two percent of the market value 17 of the property. 18 (g) Revenues resulting from the imposition of tax authorized by this 19 section shall be paid into the treasury of any such city and shall be 20 credited to and deposited in the general fund of any such city for the 21 purpose of the creation of a tax credit for properties within such city 22 that do not pay a vacancy tax. The amount of such credit shall be deter- 23 mined by the department of taxation within such city and shall be based 24 upon the previous year's vacancy tax receipts. 25 § 2. This act shall take effect on the ninetieth day after it shall 26 have become a law.