S 8280: 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 ________________________________________________________________________ 8280 2025-2026 Regular Sessions  IN SENATE May 29, 2025 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 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. a. Notwithstanding any provision of any general, special 5 or local law to the contrary, a city having a population of one million 6 or more is hereby authorized and empowered to adopt and amend local laws 7 in accordance with this section to grant a rebate of the annual tax of 8 an eligible property, in the amount provided in this section, for the 9 fiscal year beginning on the first of July, two thousand twenty-one and 10 ending on the thirtieth of June, two thousand twenty-two to the owner of 11 such eligible property, provided the qualified gross income of all the 12 owners for whom such property serves as their primary residence was two 13 hundred fifty thousand dollars or less in tax year two thousand twenty. 14 Where the eligible property, other than an eligible property that is a 15 dwelling unit in residential property held in the cooperative form of 16 ownership, is in arrears in the payment of real property taxes, assess- 17 ments, and any other charges that are made a lien subject to the 18 provisions of chapter three of title eleven of the administrative code 19 of the city of New York other than water rents, sewer rents and sewer 20 surcharges, such rebate shall be applied to any such unpaid real proper- 21 ty taxes, assessments, and other charges on the account of such eligible 22 property. Where the eligible property is a dwelling unit in residential 23 property held in the cooperative form of ownership and such residential 24 property is in arrears in the payment of real property taxes, assess- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13200-01-5 
 S. 8280 2 1 ments, and any other charges that are made a lien subject to the 2 provisions of chapter three of title eleven of the administrative code 3 of the city of New York other than water rents, sewer rents and sewer 4 surcharges, such rebate shall be applied to any unpaid real property 5 taxes, assessments, and other charges on the account of such residential 6 property in an amount equal to the proportionate share of the arrears of 7 the dwelling unit. Notwithstanding any provision of this article to the 8 contrary, an owner whose property is receiving benefits pursuant to any 9 other section of this article shall not be prohibited from receiving a 10 rebate authorized pursuant to this section if such owner is otherwise 11 eligible to receive such rebate. 12 b. Notwithstanding any provision of any general, special or local law 13 to the contrary, a city having a population of one million or more is 14 hereby authorized and empowered to adopt and amend local laws in accord- 15 ance with this section to grant a rebate of the annual tax of an eligi- 16 ble property, in the amount provided in this section, for the fiscal 17 year beginning on the first of July, two thousand twenty-four and ending 18 on the thirtieth of June, two thousand twenty-five to the owner of such 19 eligible property, provided the qualified gross income of all the owners 20 for whom such property serves as their primary residence was five 21 hundred thousand dollars or less in tax year two thousand twenty-three. 22 Where the eligible property, other than an eligible property that is a 23 dwelling unit in residential property held in the cooperative form of 24 ownership, is in arrears in the payment of real property taxes, assess- 25 ments, and any other charges that are made a lien subject to the 26 provisions of chapter three of title eleven of the administrative code 27 of the city of New York other than water rents, sewer rents and sewer 28 surcharges, such rebate shall be applied to any such unpaid real proper- 29 ty taxes, assessments, and other charges on the account of such eligible 30 property. Where the eligible property is a dwelling unit in residential 31 property held in the cooperative form of ownership and such residential 32 property is in arrears in the payment of real property taxes, assess- 33 ments, and any other charges that are made a lien subject to the 34 provisions of chapter three of title eleven of the administrative code 35 of the city of New York other than water rents, sewer rents and sewer 36 surcharges, such rebate shall be applied to any unpaid real property 37 taxes, assessments, and other charges on the account of such residential 38 property in an amount equal to the proportionate share of the arrears of 39 the dwelling unit. Notwithstanding any provision of this article to the 40 contrary, an owner whose property is receiving benefits pursuant to any 41 other section of this article shall not be prohibited from receiving a 42 rebate authorized pursuant to this section if such owner is otherwise 43 eligible to receive such rebate. 44 § 2. Paragraphs a, d and k of subdivision 2 of section 467-l of the 45 real property tax law, as added by chapter 216 of the laws of 2022, are 46 amended to read as follows: 47 a. "Annual tax" means the amount of real property tax that is imposed 48 on a property for the fiscal year beginning on the first of July, two 49 thousand twenty-one for rebates granted pursuant to paragraph a of 50 subdivision one of this section and the first of July, two thousand 51 twenty-four for rebates granted pursuant to paragraph b of subdivision 52 one of this section, determined after reduction for any amount for which 53 such property is exempt, or which is abated, pursuant to applicable law, 54 provided that, for a property that is a dwelling unit in residential 55 property held in the cooperative form of ownership, "annual tax" means 56 the amount of real property tax that is imposed on such residential 
 S. 8280 3 1 property divided by the number of units within such residential proper- 2 ty, including dwelling units and units used primarily for professional 3 or commercial purposes, determined after reduction for any amount for 4 which such property that is a dwelling unit is exempt, or which is 5 abated, pursuant to applicable law. 6 d. "Eligible property" means a property that, beginning on or after 7 June fifteenth, two thousand twenty-two for rebates granted pursuant to 8 paragraph a of subdivision one of this section and June fifteenth, two 9 thousand twenty-five for rebates granted pursuant to paragraph b of 10 subdivision one of this section, serves as the primary residence of the 11 owner of such property, and served as such owner's primary residence 12 during the ninety days prior to such date. 13 k. "Substantially higher" means [no] more than two hundred seventy- 14 five thousand dollars for rebates granted pursuant to paragraph a of 15 subdivision one of this section and more than five hundred twenty-five 16 thousand dollars for rebates granted pursuant to paragraph b of subdivi- 17 sion one of this section. 18 § 3. Subdivisions 3, 4 and 5 of section 467-l of the real property tax 19 law, as added by chapter 216 of the laws of 2022, are amended to read as 20 follows: 21 3. Primary residence. Any local law adopted pursuant to this section 22 shall establish a process by which an owner of a property shall demon- 23 strate primary residence, provided that such local law shall not require 24 such demonstration from an owner who receives a real property tax 25 exemption pursuant to section four hundred twenty-five of this title or 26 a school tax relief credit pursuant to subsection (eee) of section six 27 hundred six of the tax law for such property for the fiscal year 28 commencing on the first of July, two thousand twenty-two for rebates 29 granted pursuant to paragraph a of subdivision one of this section and 30 on the first of July, two thousand twenty-five for rebates granted 31 pursuant to paragraph b of subdivision one of this section. 32 4. Amount of rebate. The amount of the rebate to be provided by the 33 commissioner of finance shall be the lesser of one hundred fifty dollars 34 for rebates granted pursuant to paragraph a of subdivision one of this 35 section and one hundred seventy-five dollars for rebates granted pursu- 36 ant to paragraph b of subdivision one of this section or the annual tax 37 imposed on the property. 38 5. Qualification for rebate for recipients of STAR credit or 39 exemption. The owner of an eligible property who receives a real prop- 40 erty tax exemption pursuant to section four hundred twenty-five of this 41 title or a school tax relief credit pursuant to subsection (eee) of 42 section six hundred six of the tax law for the fiscal year commencing on 43 the first of July, two thousand twenty-two for rebates granted pursuant 44 to paragraph a of subdivision one of this section and on the first of 45 July, two thousand twenty-five for rebates granted pursuant to paragraph 46 b of subdivision one of this section and satisfies the requirements 47 described in subdivision one of this section shall not be required to 48 file, and shall not file, an application for the rebate authorized 49 pursuant to this section. To the extent the commissioner of finance 50 determines that such an owner is not entitled to the rebate authorized 51 pursuant to this section, the commissioner shall send to such owner a 52 notice of denial of the rebate. 53 § 4. Paragraphs a and c of subdivision 6 of section 467-l of the real 54 property tax law, as added by chapter 216 of the laws of 2022, are 55 amended to read as follows: 
 S. 8280 4 1 a. Generally. The owner of an eligible property who does not receive a 2 real property tax exemption pursuant to section four hundred twenty-five 3 of this title or a school tax relief credit pursuant to subsection (eee) 4 of section six hundred six of the tax law for the fiscal year commencing 5 on the first of July, two thousand twenty-two for rebates granted pursu- 6 ant to paragraph a of subdivision one of this section or the first of 7 July, two thousand twenty-five for rebates granted pursuant to paragraph 8 b of subdivision one of this section may file an application for the 9 rebate authorized pursuant to this section, provided that, such owner 10 satisfies the requirements described in subdivision one of this section, 11 and provided, further, that for an eligible property that serves as the 12 primary residence of more than one owner, all such owners shall jointly 13 file an application for such rebate. Notwithstanding any provision of 14 any general, special or local law to the contrary, an application for a 15 rebate authorized pursuant to this section shall be filed by electronic 16 means on or before the date or dates established in the local law 17 adopted pursuant to this section. Upon a showing by an applicant that 18 filing an application by electronic means is not practicable for reasons 19 including but not limited to lack of access to, or ability to use, the 20 technology needed to file by electronic means, the commissioner of 21 finance may grant a waiver of the requirement to file such application 22 by electronic means. No rebate shall be granted pursuant to this section 23 unless the owner files such application within the time period or time 24 periods prescribed by the local law adopted pursuant to this section. No 25 more than one application shall be submitted for an eligible property. 26 c. Review of submission. The burden shall be on the applicant to 27 establish that the property is the primary residence of such applicant, 28 that the qualified gross income of all the owners for whom such property 29 serves as their primary residence is two hundred fifty thousand dollars 30 or less for rebates granted pursuant to paragraph a of subdivision one 31 of this section or five hundred thousand dollars or less for rebates 32 granted pursuant to paragraph b of subdivision one of this section and 33 that any other requirements relating to the granting of the rebate are 34 satisfied. 35 § 5. Subdivision 7 of section 467-l of the real property tax law, as 36 added by chapter 216 of the laws of 2022, is amended to read as follows: 37 7. Denial and revocation of rebate. a. Generally. The commissioner of 38 finance shall deny an application for a rebate or revoke any rebate 39 authorized pursuant to this section if it appears that: (i) the property 40 does not serve as the primary residence of the owner who has applied for 41 such rebate or who received the real property tax exemption pursuant to 42 section four hundred twenty-five of this title or a school tax relief 43 credit pursuant to subsection (eee) of section six hundred six of the 44 tax law for such property for the fiscal year commencing on the first of 45 July, two thousand twenty-two for rebates granted pursuant to paragraph 46 a of subdivision one of this section or the first of July, two thousand 47 twenty-five for rebates granted pursuant to paragraph b of subdivision 48 one of this section, (ii) prior to the granting of the rebate authorized 49 pursuant to this section, title to the property has been transferred to 50 a new owner other than to an immediate family member for whom the prop- 51 erty serves as the primary residence until, at a minimum, the date on 52 which such rebate is granted, or (iii) the property is otherwise no 53 longer eligible for the rebate. 54 b. Rights of owners. Upon determining that a rebate authorized pursu- 55 ant to this section shall be revoked, the commissioner of finance shall 56 send a notice so stating to the affected owner at the time and in the 
 S. 8280 5 1 manner to be provided in the local law adopted pursuant to this section. 2 Granting a rebate authorized pursuant to this section, denying a rebate 3 pursuant to subdivision five of this section, denying an application for 4 a rebate pursuant to paragraph b of subdivision six of this section, or 5 revoking a rebate granted pursuant to this section shall constitute a 6 final determination of the commissioner of finance, unless, within nine- 7 ty days, the owner seeks administrative review by the commissioner of 8 finance of such determination, provided that the burden shall be on the 9 owner to establish eligibility for the rebate. The failure to grant a 10 rebate authorized pursuant to this section to an owner who is not 11 required to submit an application pursuant to subdivision five of this 12 section and who does not receive a notice of denial pursuant to such 13 subdivision shall constitute a final determination by the commissioner 14 of finance unless such owner seeks administrative review by such commis- 15 sioner of such determination no later than the first of July, two thou- 16 sand twenty-three for rebates granted pursuant to paragraph a of subdi- 17 vision one of this section or the first of July, two thousand twenty-six 18 for rebates granted pursuant to paragraph b of subdivision one of this 19 section. 20 § 6. Subdivision 9 of section 467-l of the real property tax law, as 21 added by chapter 216 of the laws of 2022, is amended to read as follows: 22 9. Record of ownership of an eligible property. Any local law adopted 23 pursuant to this section shall require that ownership of an eligible 24 property be recorded with the city register, the Richmond county clerk, 25 or the automated city register information system by the thirtieth of 26 June, two thousand twenty-two for rebates granted pursuant to paragraph 27 a of subdivision one of this section or the thirtieth of June, two thou- 28 sand twenty-five for rebates granted pursuant to paragraph b of subdivi- 29 sion one of this section. 30 § 7. Subparagraph (3) of paragraph a of subdivision 13 of section 31 467-l of the real property tax law, as added by chapter 216 of the laws 32 of 2022, is amended to read as follows: 33 (3) the applicant claimed that the qualified gross income of all the 34 owners for whom such property serves as their primary residence was two 35 hundred fifty thousand dollars or less for rebates granted pursuant to 36 paragraph a of subdivision one of this section or five hundred thousand 37 dollars or less for rebates granted pursuant to paragraph b of subdivi- 38 sion one of this section, when the qualified gross income of such owners 39 was a substantially higher amount. 40 § 8. This act shall take effect immediately and shall be deemed to 41 have been in full force and effect on and after June 1, 2025.