§ 467-G — Rebate for owners of certain real property seriously damaged by the severe storm that occurred on the twenty-ninth and thirtieth of Octob...

§ 467-g. Rebate for owners of certain real property seriously damaged\nby the severe storm that occurred on the twenty-ninth and thirtieth of\nOctober, two thousand twelve in a city having a population of one\nmillion or more. 1. Generally. Notwithstanding any provision of any\ngeneral, special or local law to the contrary, any city having a\npopulation of one million or more is hereby authorized and empowered to\nadopt and amend local laws in accordance with this section to grant a\nrebate of real property taxes for the fiscal year beginning on the first\nof July, two thousand twelve, in the amount provided in this section.\nSuch rebate shall be paid by the commissioner of finance to an owner who\nowned eligible real property as defined in subdivision three of this\nsection or a unit in such eligible real property on the thirtieth of\nOctober, two thousand twelve. If legal title to eligible real property,\nor ownership of shares of stock representing a dwelling unit, is held by\none or more trustees, the beneficial owner or owners shall be deemed to\nown the property or dwelling unit for purposes of this section.\nNotwithstanding any provision of this article to the contrary, an owner\nwhose property is receiving benefits pursuant to any other section of\nthis article shall not be prohibited from receiving a rebate pursuant to\nthis section if such owner is otherwise eligible to receive such rebate.\n 2. Definitions. As used in this section:\n a. "Annual tax" means the amount of real property tax that is imposed\non a property for the fiscal year beginning on the first of July, two\nthousand twelve, determined after reduction for any amount from which\nthe property is exempt, or which is abated, pursuant to applicable law.\n b. "Assessed valuation" means the assessed valuation of real property\nthat was used to determine the annual tax as defined in paragraph a of\nthis subdivision, and which is not reduced by any exemption from real\nproperty taxes. For real property classified as class two or class four\nreal property as defined in subdivision one of section eighteen hundred\ntwo of this chapter to which subdivision three of section eighteen\nhundred five of this chapter applies, the assessed valuation is the\nlower of the assessed valuation and transitional assessed valuation as\nprovided in subdivision three of section eighteen hundred five of this\nchapter, and which is not reduced by any exemption from real property\ntaxes.\n c. "Commissioner of finance" means the commissioner of finance of a\ncity having a population of one million or more, or his or her designee.\n d. "Cooperative development" means, with respect to properties\ndescribed in subparagraph (c) of paragraph class one of subdivision one\nof section eighteen hundred two of this chapter, all of the properties,\nincluding the land and improvements thereon, as to which the land is\nheld by a single cooperative corporation.\n e. "Department of buildings" means the department of buildings of a\ncity having a population of one million or more.\n f. "Department of finance" means the department of finance of a city\nhaving a population of one million or more.\n g. "Owner" means the owner of real property, or a tenant-stockholder\nof a unit in real property held in the cooperative form of ownership on\nthe thirtieth of October, two thousand twelve.\n 3. Eligible real property. a. For purposes of this section, "eligible\nreal property" means any tax lot that contained, on the applicable\ntaxable status date, class one, class two or class four real property as\nsuch classes of real property are defined in subdivision one of section\neighteen hundred two of this chapter, on which any building has been\ndesignated by the department of buildings in accordance with paragraph b\nof this subdivision.\n b. For purposes of this section, a building has been designated by the\ndepartment of buildings if:\n (1) during the period beginning on the first of November, two thousand\ntwelve and ending on the thirtieth of November, two thousand twelve,\nafter inspection by the department, such building has been determined to\nbe seriously damaged and unsafe to enter or occupy or completely\ndemolished as a result of damage caused by the effects of the severe\nstorm that occurred on the twenty-ninth and thirtieth of October, two\nthousand twelve, and such determination has been indicated by a notation\non such department's records and/or by the posting of a red placard\nwarning on the building; or\n (2) during the period beginning on the first of November, two thousand\ntwelve and ending on the thirtieth of November, two thousand twelve,\nafter inspection by the department, such building has been determined to\nrequire repairs or to have a restricted area and such determination has\nbeen indicated by a notation on such department's records and/or by the\nposting of a yellow sticker on the building, and during the period\nbeginning on the first of December, two thousand twelve and ending on\nthe twenty-eighth of December, two thousand twelve, after inspection by\nthe department, such building has been determined to be seriously\ndamaged and unsafe to enter or occupy or completely demolished as a\nresult of damage caused by the effects of the severe storm that occurred\non the twenty-ninth and thirtieth of October, two thousand twelve, and\nsuch determination has been indicated by a notation on such department's\nrecords and/or by the posting of a red placard warning on the building.\n 4. Amount of rebate. a. The amount of the rebate to be paid by the\ncommissioner of finance for eligible real property pursuant to\nsubdivision one of this section shall be equal to two-thirds of the\nannual tax, multiplied by a fraction, the numerator of which is equal to\nthat portion of the assessed valuation of the eligible real property\nthat is attributable to the improvements on the property, and the\ndenominator of which is equal to the total assessed valuation of the\neligible real property.\n b. Except as provided in subdivision five of this section, for\nproperty held in the cooperative form of ownership, the amount of the\nrebate to be paid to the owner of a unit therein shall be equal to that\nproportion of the amount calculated under paragraph a of this\nsubdivision that is attributable to such unit, as determined by the\nproportional relationship of the owner's share or shares of stock in the\ncooperative apartment corporation that owns such real property to the\ntotal outstanding stock of the cooperative apartment corporation.\n c. Eligible real property with no annual tax shall not be eligible for\na rebate under this section.\n 5. Calculation of rebate for certain class one real property\nconsisting of one family house structures situated on land held in\ncooperative ownership.\n a. Notwithstanding the provisions of subdivision four of this section,\nthe amount of the rebate to be paid by the commissioner of finance to\nthe owner of a building that was designated by the department of\nbuildings in accordance with paragraph b of subdivision three of this\nsection, that is located on eligible real property that is described in\nsubparagraph (c) of paragraph class one of subdivision one of section\neighteen hundred two of this chapter, shall be equal to two-thirds of\nthe annual tax on the property of the cooperative development, (1)\nmultiplied by a fraction, the numerator of which is equal to that\nportion of the assessed valuation of the eligible real property in the\ncooperative development that is attributable to the improvements on the\nproperty, and the denominator of which is equal to the total assessed\nvaluation of the eligible real property in the cooperative development,\nand (2) multiplied by a second fraction, the numerator of which is equal\nto the number of buildings in the cooperative development that have been\ndesignated by the department of buildings in accordance with paragraph b\nof subdivision three of this section, and the denominator of which is\nthe total number of buildings that were located in the cooperative\ndevelopment as of the twenty-eighth day of October, two thousand twelve,\nthen (3) divided by the number of buildings in the cooperative\ndevelopment that have been designated by the department of buildings in\naccordance with paragraph b of subdivision three of this section.\n b. Eligible real property described in this subdivision with no annual\ntax shall not be eligible for a rebate under this section.\n 6. Mailing of rebate. a. The commissioner of finance shall mail the\nrebate authorized by this section to the person whose name appears on\nthe records of the department of finance as the owner of the eligible\nreal property or unit located therein on the thirtieth of October, two\nthousand twelve, at an address on the records of the department of\nfinance as the address of such owner, and if no such address appears on\nthe records of the department of finance, then to the address, if any,\nappearing in the latest assessment roll as the address of the owner of\nthe eligible real property. Notwithstanding the previous sentence, if an\nowner has notified the United States postal service of a forwarding\naddress for mail that would otherwise have been sent to any of the\naddresses described in the previous sentence, then the commissioner of\nfinance may mail the rebate authorized by this section to such\nforwarding address.\n b. Notwithstanding paragraph a of this subdivision, with respect to\nany rebate to which an owner of a building that was designated by the\ndepartment of buildings in accordance with paragraph b of subdivision\nthree of this section that is located on eligible real property that is\ndescribed in subparagraph (c) of paragraph class one of subdivision one\nof section eighteen hundred two of this chapter is entitled under this\nsection, the commissioner of finance shall mail the rebate to the\ncooperative development of which the owner's property is a part, at the\naddress on the records of the department of finance as the address of\nthe cooperative corporation that is the owner of the land included in\nthe cooperative development, and if no such address appears on the\nrecords of the department of finance, then to the address, if any,\nappearing in the latest assessment roll as the address of the owner of\nsuch land. Notwithstanding the previous sentence, if the cooperative\ncorporation has notified the United States postal service of a\nforwarding address for mail that would otherwise have been sent to any\nof the addresses described in the previous sentence, then the\ncommissioner of finance may mail the rebate authorized by this section\nto such forwarding address.\n 7. Recovery of erroneous rebate. If the commissioner of finance\ndetermines (a) that an owner who received a rebate was not entitled to a\nrebate under this section, or (b) that a rebate was paid or calculated\nin error under this section, the commissioner of finance shall recover\nor recalculate such rebate and the amount of the rebate or an amount\nequal to the difference between the rebate originally paid and the\namount to which the owner was entitled shall be deducted from any refund\nor rebate otherwise payable to the owner, and any balance of such amount\nremaining unpaid shall be paid to the commissioner of finance no later\nthan the due and payable date provided on a notice of the amount payable\nmailed by the commissioner of finance. Such amount payable shall\nconstitute a tax lien on the real property owned by such owner as of the\ndue and payable date provided on such notice, and, if not paid by such\ndue and payable date, interest at the rate applicable to delinquent real\nproperty taxes on such property shall be charged and collected on such\namount from the due and payable date provided on such notice to the date\nof payment, and such amount payable shall be enforceable as a tax lien\nin accordance with provisions of law relating to the enforcement of tax\nliens in any such city.\n 8. Rebate not deemed a refund. Any rebate authorized by this section\nto be paid by the commissioner of finance shall not be deemed to be a\nrefund of a real property tax payment.\n 9. Overpayment. If, in any proceeding brought pursuant to article\nseven of the real property tax law, the assessed valuation of eligible\nreal property is reduced for the fiscal year beginning on the first of\nJuly, two thousand twelve, and such reduction results in a return of\noverpayment of real property taxes paid with respect to such fiscal\nyear, the amount of such overpayment shall be reduced by the amount of\nany rebate paid pursuant to this section. If such overpayment is\nreturned before a rebate is paid pursuant to this section, the amount of\nany rebate paid pursuant to this section shall be reduced by the amount\nof such overpayment.\n 10. Rulemaking. The commissioner of finance shall be authorized to\npromulgate rules necessary to effectuate the purposes of this section.\n