Int. No. 348

Introduced by the Speaker (Council Member Vallone) and Council Members Berman, Spigner, Robles, Eisland, Michels, O'Donovan, Duane, Ognibene, Koslowitz and Leffler; also Council Member Carrion.

A Local Law to set the current base proportions for fiscal year 1999 as required by paragraph (h) of subdivision 1 of section 1803-a of the real property tax law.

Be it enacted by the Council as follows:

                     Section 1. Legislative Intent. In accordance with state law and the City Charter, on June 8, 1998, the City Council adopted a resolution (Resolution No. 330) fixing the property tax rates for each of the four classes of real property (the "Tax Fixing Resolution"). The first step in the process of fixing the tax rates is the calculation of the current base proportions. The purpose of this calculation is to give effect to the latest class equalization rates required by Article 18 of the Real Property Tax law. By using these rates, new estimates of market values for each class are thereby calculated. This year's current base proportion was first determined by the City Council pursuant to a resolution (Resolution No. 214) adopted on April 28, 1998 (the "CBP Resolution"). The second step in the process of fixing the tax rates is the calculation of the adjusted base proportion. This calculation, which takes into account all the changes in real property that are included in the final assessment roll, was determined by the City Council pursuant to a resolution (Resolution No. 291) adopted on June 4, 1998 (the "ABP Resolution").

                     Since the adoption of the CBP Resolution, the ABP Resolution and the Tax Fixing Resolution, the State has amended the real property tax law pursuant to Chapter 229 of the Laws of 1998. The amendment requires adoption of a local law altering the current base proportions in the event that the current base proportion for any class of property exceeds the previous fiscal year's adjusted base proportion for that class by more than 2.5 percent (the "Cap Bill"). The current base proportions for Class One and Class Three contained in the CBP Resolution exceeded the City's Fiscal Year 1998 adjusted base proportions for Class One and Class Three by more than 2.5 percent. The Cap Bill therefore requires that the current base proportions for the Fiscal Year 1999 be altered by local law to ensure that they do not exceed the adjusted base proportion for Fiscal Year 1998 by more than 2.5 percent. In addition, the state law requires that any excess over the 2.5 percent be redistributed to the other classes of real property. In order to continue the City Council's commitment to reducing the inequitable tax burden on cooperative apartment and condominium owners and to reduce the high tax burden on rental property, this local law distributes the excess in Class One and Class Three to Class Four.

                     § 2. The current base proportions for the city's fiscal year 1999 are hereby calculated as follows:

Certificate of Base Percentages, Current Percentages and
Current Base Proportions for the City of New York Pursuant to Article 18,
RPTL, for the Levy of Taxes on the 1998 Assessment Roll

                     § 3. Pursuant to paragraph (h) of subdivision one of section 1803-a of the real property tax law, and as reflected in the calculation set forth in section two above, the current base proportions for the city's fiscal year 1999 are hereby determined to be as follows: for Class One: 0.130478; for Class Two: 0.332070; for Class Three: 0.070459; and for Class Four: 0.466993. As required by paragraph (h), the sum of these numbers equals one. For purposes of this local law, the current base proportion shall mean the current base proportion calculated pursuant to section 1803-a of the real property tax law, as amended by Chapter 229 of the Laws of 1998.

                     § 4. This local law shall take effect immediately.

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Note: Matter in italics is new; matter in brackets [ ] to be omitted.