Published: July 1, 1998
MEMO TO MEMBERS & SUBSCRIBERS:
POLITICAL INFIGHTING
DELAYS CO-OP & CONDO LEGISLATION
Parallel scenarios at city and state levels this spring pitted
the
executive branch of government against the legislative, with
effects that were often detrimental to CNYC's goals.
ALBANY SCORECARD:
Law on 'Collection
of Rent' Passed;
Tax Shares Modified; Much Left Undone
RENT COLLECTION BILL PASSED
The State legislature recessed on June 18th after a stormy
session. Although CNYC had been optimistic about several important
pieces of legislation, only one of these was passed and awaits
the Governor's signature. A.3591/S.4141, introduced by Assemblyman
Keith Wright and Senator Vincent Leibel, enables cooperatives
and condominiums to collect rent from subtenants of shareholders
and unit owners who are not current in their carrying charges.
Strongly supported by Queens Borough President Claire Shulman,
this important legislation will be very helpful to ensure
necessary cash flow for building operations.
TAX SHARE BILL PASSED
Late in the session, in response to requests from the City of New York,
the legislature passed A.11308, which was introduced by Senator Marchi
and Assemblyman Ramirez to cap the increase in property tax shares at
2.5%. This bill also awaits Governor Pataki's signature. Once this bill
is signed into law, the City Council will be able to adjust the tax
rates for fiscal 1999 for the four property tax classes (see below).
A.11308 is silent on the distribution of the excess tax burden lifted
from Class 1 by this bill. This is an issue on which the Mayor and the
City Council have not yet come to agreement. The cap reduces the tax
burden on Class 1 (1-, 2- and 3-family homeowners); the Council proposes
that commercial property take on this excess, but the Mayor wants to
shift part of the excess to multiple dwellings (including co-ops and
condos). CNYC will keep its members advised as to how this contest plays
out.
LEFT HANGING:
Continuing Property Tax
Abatements; Board Liability
GRANNIS BILL TO CONTINUE
PROPERTY TAX ABATEMENTS
STALLED IN SENATE
A.11074, introduced by Manhattan Assemblyman Pete Grannis, was passed
unanimously by the Assembly and forwarded to the Senate, where it still
sits in the Rules Committee. Mr. Grannis' bill would extend the current
three-year property tax abatement program for homeowners in New York
City cooperatives and condominiums for one more year (fiscal 2000) at
the present rate and reset the deadline for the City to present a long-term
plan for tax fairness to 12/31/98. On July 1, 1998, we enter the final
year of the current abatement program; without this extender, these
abatements end June 30, 1999. CNYC urges the Senate to pass this extender
legislation if it reconvenes in the fall after election day.
PROTECTING VOLUNTEER BOARDS
FROM CRIMINAL LIABILITY
To protect volunteer boards of directors against criminal liability,
Assemblyman Jeff Dinowitz introduced A.8891 and Senator Padavan introduced
companion bill S.5999, but it was not passed in this session. CNYC urges
its passage if the legislature reconvenes in the fall.
NEW YORK ClTY SITUATION:
Confusion on Property Tax
Rates
1998/99 TAX RATE STILL
SUBJECT TO DEBATE
Because the Mayor and the City Council did not come to agreement about
property taxes in time for the July 1 billings, the Department of Finance
has sent bills based on this year's assessment and last years
rate. Legislation has been passed in Albany capping the class share
increase for any class of property at 2.5%. Once the Governor signs
this bill into law, the City Council will set the tax rates for fiscal
1999. This will trigger calculation of abatements andexemptions. Adjustments
will be made to January tax bills for appropriate collection of taxes
from each taxpayer.
DEPARTMENT OF FINANCE WILL
PROVIDE FULL INFORMATION
TO ALL COOPERATIVES QUALIFYING FOR YEAR 3 OF THE ABATEMENTS
During the summer, the Department of Finance will write to the designated
contact (often the managing agent) at every cooperative building to
verify which units qualify for the 1998/99 property tax abatement. This
complete list of apartments will state whether each unit is eligible
or not and why not. If errors have been made, you will have one final
opportunity to contact DOF with corrections.
Once the tax rates are set by the City Council and the
corrections are received from cooperative buildings, the
Department of Finance will produce for each participating
cooperative the specific dollar amounts for which each unit
qualifies in property tax abatement and in exemptions for
veterans and seniors (SCHE & STAR). These very detailed
lists will be sent to your building (or your manager) late
in October, and the City will make adjustments (downward
adjustments in our case) on the January property tax bills.
You can anticipate being able to credit appropriate dollar
amounts to shareholders on their December maintenance bills.
MAKE ELECTION ISSUES OF
TAX FAIRNESS AND BOARD PROTECTION
To spur passage of the two important pieces of Albany legislation discussed
above, we ask your help in injecting this issue into every election
campaign. Over the summer, candidates will be seeking party endorsements
for the September 15th primary. Ask every candidate where they stand
on protecting homeowners in cooperatives and condominiums. Get their
promise to work for fair taxes for these homeowners and for fair treatment
of volunteer boards.
ACTION COMMITTEE TO MEET
Date: Wednesday, September
16, 1998
There will be an important meeting of the Action
Committee for Reasonable Real Estate Taxes on the evening of September
16, 1998. Please be certain that your building is represented. Since
our tax abatement in its present form ends on June 30, 1999, we must
mobilize to push hard for its continuation. CNYC's summer Newsletter
will have the location of this 7 PM meeting, as well as full details
of the 1998/98 tax rates. Call the Action Committee at (212) 496-1306
to reserve your place.
CNYCSites ARE UP AND RUNNING
Web browsers will have already discovered the new addition
to CNYC's World Wide Web Information Center called CNYCSites,
where member cooperatives and condominiums are presenting
themselves to the world on their own Websites. See the CNYCSites
Website for full details on how you can put your building
on the Web.
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