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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