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Greenburgh & villages push for hotel tax--43 counties have it, so does white plains

New Rochelle, White Plains, Rye and 43 counties in NYS (many with populations smaller than Greenburgh) have been authorized by the NYS Legislature to generate needed additional revenue by having a 3% hotel tax.  The hotel tax, if approved in Greenburgh, will generate six figures to the town--money that will be used to REDUCE your property tax bills.   Greenburgh and the villages within the Greenburgh are asking the NY State Legislature to treat Greenburgh no differently than they treat the other communities that have been authorized to have a hotel tax.  At our Town Board meeting tonight we approved a resolution supporting legislation being introduced in Albany to allow Greenburgh to impose a tax on guests who stay in hotels within the town. The revenue we would generate from this tax could be in the six figures since we have almost 2000 hotel rooms in town---and would be extremely helpful to the town -enabling us to maintain services and to comply with the tax cap levy.  I will be writing to our state legislators, Senator Andrea Stewart Cousins and Assemblyman Tom Abinanti and will ask that they push hard for the legislation. PAUL FEINER   The resolution we approved tonight appears below.   TB-5 – 01/22/14

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GREENBURGH

ADOPTING A HOME RULE MESSAGE OF SUPPORT AND REQUESTING

THAT THE NYS LEGISLATURE EXECUTE A TOWN HOME RULE REQUEST

SEEKING AMENDMENT OF SECTION 1202 OF THE NYS TAX LAW TO

PERMIT VILLAGE OFFICIALS ON BEHALF OF CERTAIN VILLAGES AND

THE TOWN BOARD ON BEHALF OF THE UNINCORPORATED AREA OF

THE TOWN OF GREENBURGH (UNINCORPORATED GREENBURGH) TO

ADOPT SEPARATE LOCAL LAWS IMPOSING A HOTEL AND/OR MOTEL

“OCCUPANCY TAX” ON PERSONS OCCUPYING ROOMS FOR HIRE IN THE

RESPECTIVE MUNICIPALITIES

 

 

WHEREAS, Section 1202 of the New York State Tax Law authorizes and empowers certain

cities and counties in New York State to adopt and amend local laws imposing a Hotel and/or Motel

“Occupancy Tax” upon persons occupying hotels or motels in certain counties and cities; and

WHEREAS, Section 1202 is not applicable to “Permanent Residents” of a hotel or motel which

are persons occupying any room or rooms in a hotel or motel for at least thirty (30) consecutive days;

and

WHEREAS, Section 1202 provides that any tax imposed shall be paid by the person liable

thereof to the owner of the room for hire, or to the person entitled to be paid the rent or charge for the

room, and that such owner or person shall be liable for collection and payment of the tax to the chief

fiscal officer of the municipality; and

WHEREAS, Section 1202 provides that the amount of any tax sought by a county or city, and

the interest and penalties thereon, may be provided for by local laws or regulations of the municipality;

and

WHEREAS, as shown on Table 1, attached, of the forty-three (43) counties which have received

special consideration under Section 1202, 46.5% have smaller estimated 2012 populations than the

Town of Greenburgh, as determined by the U.S. Census Bureau; and, therefore, the Town of

Greenburgh asks for similar consideration as provided to these counties as well as to cities; and

WHEREAS, the Town of Greenburgh and its six Villages (Ardsley, Dobbs Ferry, Elmsford,

Hastings-on-Hudson, Irvington and Tarrytown) as well as Sleepy Hollow (formerly North Tarrytown)

coordinate, when practicable, on inter-municipal endeavors, meet monthly to foster such inter-municipal

efforts, and, therefore, are making this request jointly; and

WHEREAS, on July 11, 2009, the NYS Legislature authorized the City of White Plains, which

abuts the Town of Greenburgh, to impose an occupancy tax on persons occupying any room for hire in

any hotel, motel or boarding house; and

WHEREAS, on December 15, 2009, consistent with the special consideration given our

neighboring City of White Plains, the Town Board approved Resolution TB-1 – 12/15/09, requesting

that the NYS Legislature amend Section 1202 of the NYS Tax Law to permit the Town to adopt a local

law imposing a room “Occupancy Tax” on persons occupying any hotel or motel room for hire in the

Town; and

WHEREAS, there are more than 2000 rooms for rent in the Town of Greenburgh that would be

subject to the occupancy tax; and

R 01/22/2014

WHEREAS, the Town Board originally adopted a similar resolution on June 14, 2013 and

continues to welcome increased hotel occupancy and again requests this action to ensure resources are

available to provide the municipal services necessary, even during tough economic times, while

promoting economic development and tourism; and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh

hereby adopts a Home Rule Message of Support for reintroduced Assembly Bill A01234-A and Senate

Bill S05785, and requests the NYS Legislature execute a Town Home Rule Request seeking amendment

of Section 1202 of the New York State Tax Law to permit the Town Board on behalf of the

unincorporated area of the Town of Greenburgh (Unincorporated Greenburgh) and the officials of the

Villages of Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington and Tarrytown, as well as

the officials of the Village of Sleepy Hollow, to adopt separate local laws for the respective

municipalities.

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