A 8806: Relates to a rebate against real property taxes for certain owners of real property in the city of New York for the fiscal year commencing July 1, 2024.

  
  STATE OF NEW YORK ________________________________________________________________________ 8806 2025-2026 Regular Sessions  IN ASSEMBLY June 9, 2025 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to a rebate against real property taxes for certain owners of real property in the city of New York 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 467-l of the real property tax 2 law, as added by chapter 216 of the laws of 2022, is amended to read as 3 follows: 4 1. Generally. Notwithstanding any provision of any general, special or 5 local law to the contrary, a city having a population of one million or 6 more is hereby authorized and empowered to adopt and amend local laws in 7 accordance with this section to grant a rebate of the annual tax of an 8 eligible property, in the amount provided in this section, for the 9 fiscal year beginning on the first of July, two thousand [twenty-one] 10 twenty-four and ending on the thirtieth of June, two thousand [twenty- 11 two] twenty-five to the owner of such eligible property, provided the 12 qualified gross income of all the owners for whom such property serves 13 as their primary residence was [two] five hundred [fifty] thousand 14 dollars or less in tax year two thousand [twenty] twenty-three. Where 15 the eligible property, other than an eligible property that is a dwell- 16 ing unit in residential property held in the cooperative form of owner- 17 ship, is in arrears in the payment of real property taxes, assessments, 18 and any other charges that are made a lien subject to the provisions of 19 chapter three of title eleven of the administrative code of the city of 20 New York other than water rents, sewer rents and sewer surcharges, such 21 rebate shall be applied to any such unpaid real property taxes, assess- 22 ments, and other charges on the account of such eligible property. Where 23 the eligible property is a dwelling unit in residential property held in 24 the cooperative form of ownership and such residential property is in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13078-01-5 
 A. 8806 2 1 arrears in the payment of real property taxes, assessments, and any 2 other charges that are made a lien subject to the provisions of chapter 3 three of title eleven of the administrative code of the city of New York 4 other than water rents, sewer rents and sewer surcharges, such rebate 5 shall be applied to any unpaid real property taxes, assessments, and 6 other charges on the account of such residential property in an amount 7 equal to the proportionate share of the arrears of the dwelling unit. 8 Notwithstanding any provision of this article to the contrary, an owner 9 whose property is receiving benefits pursuant to any other section of 10 this article shall not be prohibited from receiving a rebate authorized 11 pursuant to this section if such owner is otherwise eligible to receive 12 such rebate. 13 § 2. Paragraphs a, d, f and k of subdivision 2 of section 467-l of the 14 real property tax law, as added by chapter 216 of the laws of 2022, are 15 amended to read as follows: 16 a. "Annual tax" means the amount of real property tax that is imposed 17 on a property for the fiscal year beginning on the first of July, two 18 thousand [twenty-one] twenty-four, determined after reduction for any 19 amount for which such property is exempt, or which is abated, pursuant 20 to applicable law, provided that, for a property that is a dwelling unit 21 in residential property held in the cooperative form of ownership, 22 "annual tax" means the amount of real property tax that is imposed on 23 such residential property divided by the number of units within such 24 residential property, including dwelling units and units used primarily 25 for professional or commercial purposes, determined after reduction for 26 any amount for which such property that is a dwelling unit is exempt, or 27 which is abated, pursuant to applicable law. 28 d. "Eligible property" means a property that, beginning on or after 29 June fifteenth, two thousand [twenty-two] twenty-five, serves as the 30 primary residence of the owner of such property, and served as such 31 owner's primary residence during the ninety days prior to such date. 32 f. "Owner" means one or more natural persons who, beginning on or 33 after June fifteenth, two thousand [twenty-two] twenty-five, either: 34 (i) owns a property in fee simple absolute or as a tenant in common, a 35 joint tenant or a tenant by the entirety; 36 (ii) is a tenant-stockholder of a cooperative apartment corporation 37 who resides in a portion of real property owned by such cooperative 38 apartment corporation, to the extent represented by their share or 39 shares of stock in such corporation as determined by their proportional 40 relationship to the total outstanding stock of such corporation, includ- 41 ing such stock owned by such corporation; or 42 (iii) owns a present interest in a property under a life estate or who 43 is a beneficial owner under a trust. 44 k. "Substantially higher" means no more than [two] five hundred 45 [seventy-five] twenty-five thousand dollars. 46 § 3. Subdivisions 3, 4 and 5 of section 467-l of the real property tax 47 law, as added by chapter 216 of the laws of 2022, are amended to read as 48 follows: 49 3. Primary residence. Any local law adopted pursuant to this section 50 shall establish a process by which an owner of a property shall demon- 51 strate primary residence, provided that such local law shall not require 52 such demonstration from an owner who receives a real property tax 53 exemption pursuant to section four hundred twenty-five of this title or 54 a school tax relief credit pursuant to subsection (eee) of section six 55 hundred six of the tax law for such property for the fiscal year 56 commencing on the first of July, two thousand [twenty-two] twenty-five. 
 A. 8806 3 1 4. Amount of rebate. The amount of the rebate to be provided by the 2 commissioner of finance shall be the lesser of one hundred [fifty] 3 seventy-five dollars or the annual tax imposed on the property. 4 5. Qualification for rebate for recipients of STAR credit or 5 exemption. The owner of an eligible property who receives a real prop- 6 erty tax exemption pursuant to section four hundred twenty-five of this 7 title or a school tax relief credit pursuant to subsection (eee) of 8 section six hundred six of the tax law for the fiscal year commencing on 9 the first of July, two thousand [twenty-two] twenty-five and satisfies 10 the requirements described in subdivision one of this section shall not 11 be required to file, and shall not file, an application for the rebate 12 authorized pursuant to this section. To the extent the commissioner of 13 finance determines that such an owner is not entitled to the rebate 14 authorized pursuant to this section, the commissioner shall send to such 15 owner a notice of denial of the rebate. 16 § 4. Paragraphs a and c of subdivision 6 of section 467-l of the real 17 property tax law, as added by chapter 216 of the laws of 2022, are 18 amended to read as follows: 19 a. Generally. The owner of an eligible property who does not receive a 20 real property tax exemption pursuant to section four hundred twenty-five 21 of this title or a school tax relief credit pursuant to subsection (eee) 22 of section six hundred six of the tax law for the fiscal year commencing 23 on the first of July, two thousand [twenty-two] twenty-five may file an 24 application for the rebate authorized pursuant to this section, provided 25 that, such owner satisfies the requirements described in subdivision one 26 of this section, and provided, further, that for an eligible property 27 that serves as the primary residence of more than one owner, all such 28 owners shall jointly file an application for such rebate. Notwithstand- 29 ing any provision of any general, special or local law to the contrary, 30 an application for a rebate authorized pursuant to this section shall be 31 filed by electronic means on or before the date or dates established in 32 the local law adopted pursuant to this section. Upon a showing by an 33 applicant that filing an application by electronic means is not practi- 34 cable for reasons including but not limited to lack of access to, or 35 ability to use, the technology needed to file by electronic means, the 36 commissioner of finance may grant a waiver of the requirement to file 37 such application by electronic means. No rebate shall be granted pursu- 38 ant to this section unless the owner files such application within the 39 time period or time periods prescribed by the local law adopted pursuant 40 to this section. No more than one application shall be submitted for an 41 eligible property. 42 c. Review of submission. The burden shall be on the applicant to 43 establish that the property is the primary residence of such applicant, 44 that the qualified gross income of all the owners for whom such property 45 serves as their primary residence is [two] five hundred [fifty] thousand 46 dollars or less and that any other requirements relating to the granting 47 of the rebate are satisfied. 48 § 5. Subdivisions 7 and 9 of section 467-l of the real property tax 49 law, as added by chapter 216 of the laws of 2022, are amended to read as 50 follows: 51 7. Denial and revocation of rebate. a. Generally. The commissioner of 52 finance shall deny an application for a rebate or revoke any rebate 53 authorized pursuant to this section if it appears that: (i) the property 54 does not serve as the primary residence of the owner who has applied for 55 such rebate or who received the real property tax exemption pursuant to 56 section four hundred twenty-five of this title or a school tax relief 
 A. 8806 4 1 credit pursuant to subsection (eee) of section six hundred six of the 2 tax law for such property for the fiscal year commencing on the first of 3 July, two thousand [twenty-two] twenty-five, (ii) prior to the granting 4 of the rebate authorized pursuant to this section, title to the property 5 has been transferred to a new owner other than to an immediate family 6 member for whom the property serves as the primary residence until, at a 7 minimum, the date on which such rebate is granted, or (iii) the property 8 is otherwise no longer eligible for the rebate. 9 b. Rights of owners. Upon determining that a rebate authorized pursu- 10 ant to this section shall be revoked, the commissioner of finance shall 11 send a notice so stating to the affected owner at the time and in the 12 manner to be provided in the local law adopted pursuant to this section. 13 Granting a rebate authorized pursuant to this section, denying a rebate 14 pursuant to subdivision five of this section, denying an application for 15 a rebate pursuant to paragraph b of subdivision six of this section, or 16 revoking a rebate granted pursuant to this section shall constitute a 17 final determination of the commissioner of finance, unless, within nine- 18 ty days, the owner seeks administrative review by the commissioner of 19 finance of such determination, provided that the burden shall be on the 20 owner to establish eligibility for the rebate. The failure to grant a 21 rebate authorized pursuant to this section to an owner who is not 22 required to submit an application pursuant to subdivision five of this 23 section and who does not receive a notice of denial pursuant to such 24 subdivision shall constitute a final determination by the commissioner 25 of finance unless such owner seeks administrative review by such commis- 26 sioner of such determination no later than the first of July, two thou- 27 sand [twenty-three] twenty-six. 28 9. Record of ownership of an eligible property. Any local law adopted 29 pursuant to this section shall require that ownership of an eligible 30 property be recorded with the city register, the Richmond county clerk, 31 or the automated city register information system by the thirtieth of 32 June, two thousand [twenty-two] twenty-five. 33 § 6. Subparagraph 3 of paragraph a of subdivision 13 of section 467-l 34 of the real property tax law, as added by chapter 216 of the laws of 35 2022, is amended to read as follows: 36 (3) the applicant claimed that the qualified gross income of all the 37 owners for whom such property serves as their primary residence was 38 [two] five hundred [fifty] thousand dollars or less, when the qualified 39 gross income of such owners was a substantially higher amount. 40 § 7. This act shall take effect immediately; provided, however, if 41 this act shall have become a law after June 1, 2025, it shall take 42 effect immediately and shall be deemed to have been in full force and 43 effect on and after June 1, 2025.