053.2024 Authorizing Home Rule Request and Support of NYS Senate Bill No. 7696 Assembly Bill No.8183 to Amend Real Property Tax Law RESOLUTION AUTHORIZING HOME RULE REQUEST AND SUPPORT
OF NEW YORK STATE SENATE BILL NO.: 7696 / ASSEMBLY BILL
NO.: 8183 - AN ACT TO AMEND REAL PROPERTY TAX LAW AND
REAL PROPERTY LAW RELATING TO TAXATION OF PROPERTY
OWNED BY A COOPERATIVE CORPORATION
RESOLUTION NO.: 53,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 187,2023, the Queensbury Town Board previously
expressed its support of proposed legislation allowing Towns the option to assess all newly
constructed condominiums in a manner that reflects the most current market value, and
WHEREAS, that initiative was passed by the State Legislature but vetoed by the
Governor due to concerns over housing shortages predominantly in more urban areas of the State,
and
WHEREAS, for that reason, the Town of Queensbury does not currently have the express
statutory authority to enact such legislation by local law, and
WHEREAS, pursuant to Municipal Home Rule Law §40, the Town Supervisor with the
concurrence of the Town Board (or the Town Board by a vote of 2/3 of its total voting power
without the approval of the Supervisor) may request the State Legislature to pass a bill relating to
the property, affairs or government of the Town, and
WHEREAS, there is currently pending before the State Legislature, Senate Bill No.: 7696
and Assembly Bill No.: 8183 entitled, "AN ACT to amend the real property tax law and the real
property law, in relation to the taxation of property owned by a cooperative corporation," which
legislation will grant the Town the ability to change, by Local Law, how the Town assesses the
value of condominiums, and
WHEREAS, the Town Board wishes to express its support for this proposed Legislation,
NOW, THEREFORE, BE IT
RESOLVED,by the Queensbury Town Board, Warren County,New York as follows:
Section 1. The Town Supervisor, Town Clerk and/or the Town Board are hereby
authorized and directed to execute and submit Home Rule Requests to the State Legislature
substantially in the forms attached hereto requesting the State Legislature to adopt special
legislation identified as Senate Bill 5.7696 and Assembly Bill A.8183 entitled, "AN ACT to
amend the real property tax law and the real property law, in relation to the taxation of property
owned by a cooperative corporation," which legislation will grant the Town the ability to change,
by Local Law, how the Town assesses the value of condominiums.
Section 2. Necessity exists for the enactment of the requested legislation because the
New York State Real Property Tax Law does not currently allow the Town Assessor to alter the
methodology for assessing condominiums and the Town does not have any express statutory
authority allowing it to do so by Local Law.
Section 3. The Town Supervisor, Town Board, Town Assessor, Town Clerk and Town
Counsel are hereby authorized and directed to prepare and execute all needed Home Rule forms
substantially in the form presented and forward such completed Home Rule Forms with eight (8)
engrossed copies of the Resolution to New York State Senator Daniel G. Stec, 5 Warren Street,
Glens Falls, New York 12801, along with any other needed documents and take such other and
further actions as may be necessary or advisable in connection with submission of such Home
Rule Request to the State Legislature.
Section 4. This Resolution shall take effect immediately.
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Section 5. The question of the adoption of this Resolution was duly put to a vote on roll
call on this 8t"day of January, 2024 which resulted as follows:
AYES: 5 NAYS: 0 ABSENT: 0
ROLL CALL
AYES: Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NAYS: None
ABSENT: None
x The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of
the full membership of the Town Board and the request may be submitted to the State Legislature
by either the Town Board or by the Town Supervisor with the concurrence of the Town Board.
OR:
The Resolution was declared duly adopted by a vote of not less than a majority of the full
membership of the Town Board and the request may be submitted to the State Legislature by the
Town Supervisor with the concurrence of the Town Board.
OR:
The Resolution was not adopted by sufficient vote of the Town Board.
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