4.04 4.4
SUPPORT1Condonuniuras—Support New York State Legislation S7696A and A8183A-Option to Assess Current Mark Value—5-6-2024
RESOLUTION AUTHORIZING HOME RULE REQUEST AND SUPPORT
OF NEW YORK STATE SENATE BILL NO.: 7696-A / ASSEMBLY BILL
NO.: 8183-A - AN ACT TO AMEND REAL PROPERTY TAX LAW AND
REAL PROPERTY LAW RELATING TO TAXATION OF PROPERTY
OWNED BY A COOPERATIVE CORPORATION
RESOLUTION NO.: ,2024
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
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-A and Assembly Bill No.: 8183-A 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 No.: 7696-A and Assembly Bill No.: 8183-A 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.
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Section 4. This Resolution shall take effect immediately.
Section 5. The question of the adoption of this Resolution was duly put to a vote on roll
call on this 6t"day of May, 2024 which resulted as follows:
AYES: NAYS: ABSENT:
ROLL CALL
AYES:
NAYS:
ABSENT:
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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RESOLUTION SUPPORTING LEGISLATION ALLOWING TOWNS
THE OPTION TO ASSESS ALL NEWLY CONSTRUCTED
CONDOMINIUMS IN A MANNER THAT REFLECTS MOST
CURRENT MARKET VALUE
RESOLUTION NO.: 187,2023
INTRODUCED BY: Mr.Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, in 1975, the New York State Real Property Tax Law §306 directed
that, "All real property in each assessing unit shall be assessed at the full value thereof,"
and
WHEREAS, residential condominium units in some municipalities incur less
taxes than those of comparably priced homes under conventional forms of property
ownership pursuant to the provisions of Real Property Tax Law §581.1(a) ("RPTL")
which governs how condominium units are assessed for tax purposes, and
WHEREAS, pursuant to the provisions of RPTL, §581.1(a) does not apply to a
"converted condominium"unit in a municipal corporation which has adopted,prior to the
taxable status date of the assessment roll upon which its taxes will be levied, a local law
providing that the provisions of § 581.1(a) shall not apply to converted condominium
units, and
WHEREAS, the Queensbury Town Board believes that it is in the best interests of
its municipalities to have the option to exempt "newly constructed" condominiums from
the provisions of RPTL §581.1(a) in the same manner that RPTL §581.1(c) provides an
exemption for converted condominiums,and
WHEREAS, because of its attractive location, many towns are popular
destinations for those seeking second homes, most of which would be characterized as
expensive, and are intentionally condominimized by developers seeking preferential tax
treatment, which shifts the tax burden to other residential property owners, often those
who can least afford it, and
WHEREAS, the New York State Assessors Association has a longstanding voice
expressing support for a change in the methodology for condominium valuation for the
purposes of taxation to reflect current market values, similarly to that of residential
properties, and supports legislation that will allow municipalities to assess newly
constructed condominiums to reflect the most current market values, and
WHEREAS, condominiums are currently valued based on a restricted
methodology that has no resemblance to market value, and
WHEREAS, the Town of Queensbury seeks an amendment to RPTL §581.1(a) or
legislation authorizing a Home Rule request or any other New York State legislation that
would permit municipalities to opt for the ability to exempt "newly constructed"
condominiums from the provisions of RPTL §581.1(a), and
WHEREAS, as the New York State's Attorney General's Office states that a
condominium (condo) is a single real estate unit in a multi-unit development in which an
owner has both of the following: 1) separate (individual) ownership of a unit; and 2)
undivided interest in the common elements of the building,and
WHEREAS, Syracuse.com reported that, "One condo in Skaneateles sold for $2.2
million.It was assessed and taxed as if it were worth just$464,000,"and
WHEREAS,legislation was introduced and passed in both houses to amend the RPTL
(Assembly Bill A3491B and Senate Bill S5946),in relation to the taxation of property owned
by a cooperative corporation and such legislation, passed by both houses of the New York
2
State Legislature,amended RPTL§581 allowing municipalities,if they choose,to treat future
residential condominiums assessment based on market value, the same as for single family
residential assessments,and
WHEREAS,in December,2022, Governor Hochul vetoed legislation that would have
brought greater equity in the assessment of residential housing and would generate more
revenue,and
WHEREAS, Governor Hochul signed a law that enabled the Town of Greenburgh to
tax future condominium construction as residential properties,and
WHEREAS; there are many towns in New York, like Greenburgh, that have spent
considerable time and money to assess properties at 100%equalization levels,and
WHEREAS, the Town of Queensbury wishes to assure real property tax equity for all
forms of housing in the Town,and
WHEREAS, the Town of Queensbury supports legislation that would close the
door on homebuilders who wish to seek unfair market advantages for their expensive
homes classified as condominiums and giving big tax breaks to owners of big suburban
homes classified as condominiums,and
WHEREAS, the current law enables significant tax breaks for the owners of
condominiums, often very expensive condominiums, and are tax breaks that all other
property owners must burden,making single family homes, for example, more expensive to
own, and school and local government tax burdens greater for single family homeowners,
and
WHEREAS, the Town of Queensbury also wishes to deter Town residential
developers from abusing the current law and give significant tax breaks to expensive
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homeowners at the expense of the creation of more affordable homeowners,and
WHEREAS, the original bill, that was vetoed by the current Governor, would have
allowed municipalities to decide for themselves if they wish to maintain the current
condominium loophole or opt out, thus maintaining New York's long tradition of Home
Rule,and
WHEREAS, the Town of Queensbury's choice to abandon the Condominium
loophole law would be in accordance with New York State's Municipal Home Rule Law
§10, and
WHEREAS, according to the Lake George Mirror,"It is estimated that under current
law,condo owners' county,town and school tax bills are 30 to 40%less than what they ought
to be—leaving other property owners to make up the difference,"
NOW,THEREFORE,BE IT
RESOLVED, that the Town of Queensbury wishes to have the same ability to have the
option of assessing condominiums and cooperatives the same as single family housing based on
market values which would provide more equity in taxation and fairness in assessment, and
therefore hereby requests Governor Kathy Hochul to support legislation that will allow Towns the
option to assess all newly constructed condominiums in a manner that reflects the most current
market value,and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board further authorizes and directs the
Town Supervisor to send a certified copy of this Resolution to Governor Kathy Hochul,
Senator Daniel Stec, Assemblywoman Carrie Woerner and Assemblyman Matthew
Simpson and take such other and further actions as may be necessary to effectuate the terms
4
of this Resolution.
Duly adopted this 15th day of May,2023,by the following vote:
AYES : Mr. Strough,Mr.Metivier,Mr. Freer,Mr. McNulty
NOES : None
ABSENT: Mr.Ferone
5
THE SENATE
RANKING MINORITY MEMBER STATE OF NEW YORK ALBANY OFFICE:
ENVIRONMENTAL CONSERVATION ROOM 408
INTERNET AND TECHNOLOGYy LEGISLATIVE OFFICE BLDG.•
ALBANY,NY 12247
SOMMITTEES ALL (518)455-2811
t *lam(LL�.l�Q (F1 15 181 426-6873
EDUCATION �/,
� -"� DISTRICT OFFICE:
HEALTH I �'
RULES i
� 5 WARREN STREET,STE.3
VETERANS,HOMELAND SECURITY w GLENS FALLS,NY 12801
Nx
AND MILITARY AFFAIRS Wt''' (518)743-0968
(F115181 743-0336
•
DANIEL G. STEC EMAIL: •
SENATOR,45TH DISTRICT STEC@NYSENATE.GOV
April 18, 2024 .
Supervisor John Strough
Queensbury Town Office Building
742 Bay Road
Queensbury, New York 12804
Dear Supervisor Strough,
Please find enclosed eight copies of a home rule request form for state legislation,
S7696A/A8183A, requested.by the town board.
This legislation grants the town the ability to change, by local law, how it assesses the value of
condominiums.
At your next board meeting, please pass a resolution in support of this legislation.The
resolution should specifically state the bill's numbers in the Senate and Assembly. It must also
include the results of the roll call.
Then please return the completed home rule forms and eight engrossed copies of the -
resolution to my Glens Falls office: 5 Warren Street, Glens Falls, New York 12801.
Should you have any questions, do not hesitate to call Legislative Director Jon Alexander, 518-
743-0968. •
•
Thank you for your attention to this matter.
Sincerely,
Daniel G. Stec
Senator, 45th District
•
IMPORTANT:READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution,the town of
Queensbury `�°"'�"'`°"°°`""�`) 8183-A
(name) requests the enactment of Assam a bly bill(no ),
entitled" (suite out noel
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
•
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows:(Check appropriate box) •
❑✓ The local government does not have the power to enact such legislation by local law.
❑ Other facts,as set forth in the following"Explanation"establish such necessity. •
EXPLANATION
(If space below is not sufficient,use separate sheet and attach here)
•
Such request is made by:(Check appropriate box)
❑ The chief executive officer of such local government,concurred in by a majority of the total membership of the
local legislative body.(See paragraph A below)
❑ The local legislative body of such local government,at.least two-thirds of the total membership thereof •
having voted in favor of such request.(See paragraph B below)
•
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total membership
of the local legislative body,both the chief executive officer and the clerk of the local legislative '
body must sign below.In such case use the word"majority"below even though the vote may have
been greater.
B. If the request is made by the local legislative body,at least two-thirds of the total membership thereof
having voted in favor of such request,only the clerk of the local legislative body must sign below.
In such case use the words"two-thirds"below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)
(chief executive officer)
(Print or type name below signature),Date- 20
20
(Tide of chief executive officer)
CLERK'S CERTIFICATION •
do hereby certify that I am Clerk of the
(print or type name) - -
(local legislative body)
of the
(county,city,town or village)
of and that on the day of
• (name)
20_,such legislative body, at least a ma o i ys of the total membership having voted in favor thereof,
approved the foregoing request. ( out one)
(sou OF LOCAL (Signed)
covmu+Mexr) (clerk)
(Print or type name below signature)
Date. 20
IMPORTANT:READ INSTRUCTIONS ON REVERSE SIDE
• HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution,the town of
Queensbury `�"'ri`y'10W°""�'g`) 7696-A
(mote) requests the enactment of Senate,,bill(no. ),
entitled (souttrike o one)
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
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows:(Check appropriate box)
❑✓ The local government does not have the power to enact such legislation by local law. .
ElOther facts,as set forth in the following"Explanation"establish such necessity.
EXPLANATION
(If space below is not sufficient,use separate sheet and attach here)
•
Such request is made by:(Check appropriate box) •
11 The chief executive officer of such local government,concurred in by a majority of the total membership of the
local legislative body.(See paragraph A below)
❑ The local legislative body of such local government,at least two-thirds of the total membership thereof
having voted in favor of such request.(See paragraph B below)
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total membership
of the local legislative body,both the chief executive officer and the clerk of the local legislative
body must sign below.In such case use the word"majority"below even though the vote may have
been greater.
B. If the request is made by the local legislative body,at least two-thirds of the total membership thereof
having voted in favor of such request,only the clerk of the local legislative body must sign below.
In such case use the words"two-thirds"below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)
(chief executive officer)
(Print or type name below signature)
Date. , 20.
(Title of thief executive officer)C• LERK'S CERTIFICATION
I,. ,do hereby certify that I am Clerk of the
(print or type name) "
(local legislative body)
of the
(county,city,town or village)
of and that on the day of
(name)
20_,such legislative body, at least amaj thiry of the total membership having voted in favor thereof,
approved the foregoing request. (xtrilce out one)
(SEAL (Signed)
ec
oovuua<tv.T) (clerk)
•
(Print or type name below signature)
Date: 20