N.Y. Real Property Tax Law 489-BBBBB – Real property tax exemption
§ 489-bbbbb. Real property tax exemption. 1. Within the mixed-use construction exemption area specified in subdivision twelve of section 489-aaaaa of this title, the following benefits shall be available to qualified recipients: A recipient who, following the effective date of a certificate of eligibility, has performed residential construction work or both residential construction work and commercial construction work on mixed-use property shall be eligible for an exemption from real property taxes as follows: For the first eight tax years, the recipient shall be exempt from taxation on one hundred per centum of the exemption base. During the ninth year, the recipient shall be exempt from taxation on eighty per centum of the exemption base; during the tenth year, the recipient shall be exempt from taxation on sixty per centum of the exemption base; during the eleventh year, the recipient shall be exempt from taxation on forty per centum of the exemption base; and during the twelfth year, the recipient shall be exempt from taxation on twenty per centum of the exemption base.
Terms Used In N.Y. Real Property Tax Law 489-BBBBB
- Certificate of eligibility: means the document issued by the department of finance pursuant to section four hundred eighty-nine-ddddd of this title. See N.Y. Real Property Tax Law 489-AAAAA
- Commercial construction work: means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. See N.Y. Real Property Tax Law 489-AAAAA
- exemption base: shall mean : (a) for the first through fifth taxable years following the effective date of a certificate of eligibility, the assessed value of improvements made since the effective date of such certificate which are attributable exclusively to residential construction work or a combination of residential construction work and commercial construction work described in approved plans; and (b) for all other years, the assessed value of such improvements which have been made before the sixth taxable status date following the effective date of such certificate. See N.Y. Real Property Tax Law 489-AAAAA
- Minimum required expenditure: means expenditure for residential construction work or a combination of residential construction work and commercial construction work in an amount equal to twenty per centum of the initial assessed value; provided, however, that if the department of finance, after consultation with the deputy mayor for finance and economic development, determines that a greater expenditure is required to encourage significant development of mixed-use property, it may establish by rule a higher percentage of initial assessed value, not to exceed fifty per centum thereof, as the minimum required expenditure. See N.Y. Real Property Tax Law 489-AAAAA
- Mixed-use construction exemption area: means any area of a city having a population of one million or more persons, in which, subject to the applicable law governing zoning in such city, mixed-use property is permitted, provided, however, that in the city of New York, subject to the applicable law governing zoning in such city, mixed-use construction exemption area shall mean: the area in the borough of Manhattan bounded by Murray Street on the north starting at the intersection of West Street and Murray Street; running easterly along the center line of Murray Street; connecting through City Hall Park with the center line of Frankfort Street and running easterly along the center lines of Frankfort and Dover Streets to the intersection of Dover Street and South Street; running southerly along the center line of South Street to Peter Minuit Plaza; connecting through Peter Minuit Plaza to the center line of State Street and running northwesterly along the center line of State Street to the intersection of State Street and Battery Place; running westerly along the center line of Battery Place to the intersection of Battery Place and West Street; and running northerly along the center line of West Street to the intersection of West Street and Murray Street. See N.Y. Real Property Tax Law 489-AAAAA
- Mixed-use property: means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial purposes, provided that after completion of such construction work, more than twenty-five per centum of the aggregate floor area of such building or structure is used or held out for use as commercial, community facility or accessory use space. See N.Y. Real Property Tax Law 489-AAAAA
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recipient: means an applicant to whom a certificate of eligibility has been issued pursuant to this title, or the successor in interest of such applicant, provided that where a person who has entered into a lease or purchase agreement with the owner or lessee of exempt property has been a co-applicant, such person or the successor in interest of such person shall be the recipient. See N.Y. Real Property Tax Law 489-AAAAA
- Residential construction work: means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. See N.Y. Real Property Tax Law 489-AAAAA
The following table shall illustrate the computation of the exemption pursuant to this subdivision: Tax year following effective date of certificate of eligibility: Amount of exemption:
1 through 8 100% of exemption base
9 80% of exemption base
10 60% of exemption base
11 40% of exemption base
12 20% of exemption base
2. Notwithstanding subdivision one of this section, a recipient who has performed residential construction work or both residential construction work and commercial construction work on mixed-use property that, in accordance with procedures set forth in local law, was designated as a landmark before the date by which the recipient is required to complete the minimum required expenditure shall be eligible for an exemption from real property taxes as follows: For the first nine tax years, the recipient shall be exempt from taxation on one hundred per centum of the exemption base. During the tenth year, the recipient shall be exempt from taxation on eighty per centum of the exemption base; during the eleventh year, the recipient shall be exempt from taxation on sixty per centum of the exemption base; during the twelfth year, the recipient shall be exempt from taxation on forty per centum of the exemption base; and during the thirteenth year, the recipient shall be exempt from taxation on twenty per centum of the exemption base.
The following table shall illustrate the computation of the exemption pursuant to this subdivision: Tax year following effective date of certificate of eligibility: Amount of exemption:
1 through 9 100% of exemption base
10 80% of exemption base
11 60% of exemption base
12 40% of exemption base
13 20% of exemption base