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Int 0071-2022

Extending to the 2022-23 assessment roll the renewal of certain residential property taxation exemptions received on the 2021-22 assessment roll for persons 65 years of age or over and persons with disabilities.

IntroductionEnactedCommittee on Financeintroduced 2022-03-10Local Law 2022/056

Enacted as Local Law 2022/056.

Official record · Legistar

Agenda: 2022-03-10Passed: 2022-04-10Enacted: 2022-04-10

Summary

In December 2021, the State Governor issued Executive Order 11.1, which was later extended by Executive Order 11.3 of 2022, to automatically renew all properties that had received a senior citizens homeowner property tax exemption or a persons with disabilities homeowner property tax exemption (collectively “SCHE and DHE”) in the 2021-2022 tax year for the 2022-2023 tax year, without the need to submit the otherwise required renewal application. Pursuant to the Executive Orders, this local law would allow the Department of Finance (“DOF”) to require renewal applications where there is reason to believe the property is no longer eligible to receive the exemption because the property owner: 1) changed their primary residence, (2) added another owner to the deed of the property for which such exemption was granted, (3) transferred such property to a new owner, or (4) died, and require DOF to notify the applicable property owners of this requirement.

Committee on FinanceExecutive Budget review and Budget modification, Banking Commission, Comptroller's Office, Department of Finance, Independent Budget Office, Office of Administrative Tax Appeal, and fiscal policy and revenue from any source.

How it compares

60% of similar bills passed

30 passed · 20 died

This bill: 31 days in committee

Similar bills: median 60 days · 28 days when passed

Sponsors (2)

Lifecycle

HeardHearing on P-C Item by Comm
2022-03-10 · Committee on Finance
AdvancedP-C Item Approved by Comm
2022-03-10 · Committee on Finance
IntroducedIntroduced by Council
2022-03-10 · City Council
ActionReferred to Comm by Council
2022-03-10 · City Council
AdvancedApproved by Council
2022-03-10 · City Council
ActionSent to Mayor by Council
2022-03-10 · City Council
AdvancedCity Charter Rule Adopted
2022-04-10 · Administration
ActionReturned Unsigned by Mayor
2022-04-11 · City Council

Votes (17)

Aye (14)
Crystal HudsonJustin L. BrannanDiana I. AyalaGale A. BrewerSelvena N. Brooks-PowersAmanda C. FaríasKamillah HanksAri KaganFarah N. LouisFrancisco P. MoyaKeith Powers Pierina Ana SanchezMarjorie VelázquezJulie Won
Abstain (3)
Charles BarronDavid M. CarrChi A. Ossé

Heard at (2)

City Council · 2022-03-10 · 1:30 PM · HYBRID HEARING - Council Chambers - City Hall
Committee on Finance · 2022-03-10 · 10:00 AM · HYBRID HEARING - Council Chambers - City Hall

Attachments (12)

Full text
Be it enacted by the Council as follows: Section 1. As used in this local law, the following terms have the following meanings: 2021-22 assessment roll. The term "2021-22 assessment roll" means the real property tax assessment roll for the tax year beginning on July 1, 2021. 2022-23 assessment roll. The term "2022-23 assessment roll" means the real property tax assessment roll for the tax year beginning on July 1, 2022. Department. The term "department" means the department of finance. Persons with disabilities homeowner exemption or DHE. The term "persons with disabilities homeowner exemption" or "DHE" means the real property tax exemption pursuant to section 11-245.4 of the administrative code of the city of New York. Senior citizen homeowner exemption or SCHE. The term "senior citizen homeowner exemption" or "SCHE" means the real property tax exemption pursuant to section 11-245.3 of the administrative code of the city of New York. � 2. Pursuant to executive order number 11.1 issued by the governor on December 26, 2021 and executive order number 11.3 issued by the governor on February 14, 2022, and notwithstanding any provision of sections 11-245.3 and 11-245.4 of the administrative code of the city of New York to the contrary, the department shall extend to the 2022-23 assessment roll the renewal of any senior citizen homeowner exemption or persons with disabilities homeowner exemption received on the 2021-22 assessment roll, in accordance with this local law. A recipient of SCHE or DHE on the 2021-22 assessment roll shall not be required to submit a renewal application in order for such recipient to receive the same exemption on the 2022-23 assessment roll as was received on the 2021-22 assessment roll. � 3. Notwithstanding section two of this local law, the department may require a recipient of SCHE or DHE on the 2021-22 assessment roll to file a renewal application if the department has reason to believe that such recipient may have since (i) changed his or her primary residence, (ii) added another owner to the deed of the property for which such exemption was granted, (iii) transferred such property to a new owner, or (iv) died. In such a circumstance, the department will notify such recipient as soon as practicable of the requirement to submit a renewal application, and shall require such renewal application be submitted by March 15 of the appropriate year, provided that no such recipient shall be required to appear in person to file a renewal application. Failure of the department to mail, or of a property owner to receive, any such application form or notice relating thereto shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such owner. � 4. A recipient of SCHE or DHE on the 2021-22 assessment roll who has had a change in income that may qualify such recipient for a greater exemption on the 2022-23 assessment roll than was received on the 2021-22 assessment roll, may submit a renewal application for the 2022-23 assessment roll to the department by mail or electronic means, in accordance with the applicable deadlines described in sections 11-245.3 and 11-245.4 of the administrative code of the city of New York. � 5. A recipient of SCHE who receives a renewal extension of such exemption pursuant to section two of this local law, and who last applied for such exemption for tax year 2020-21, will be required to apply to renew such exemption for tax year 2024-25 in accordance with the procedures set forth in section 11-245.3 of such administrative code. A recipient of SCHE who last applied for such exemption for tax year 2021-22 will be required to apply to renew such exemption for tax year 2023-24. � 6. This local law takes effect immediately and is retroactive to and deemed to have been in full force and effect as of March 7, 2021, provided, however, that it is deemed repealed on July 2, 2023. The commissioner of finance may take any actions necessary for the implementation of this local law, including the mailing of notices and acceptance of applications pursuant to section three of this local law, before this local law takes effect. SR LS #7888 3/2/2022 ICAP amendments bill # 10932185v1