Bill Text: NY A02279 | 2017-2018 | General Assembly | Amended

Bill Title: Authorizes cities having a population of between 250,000 and 300,000 to establish a senior citizen longtime resident real property tax exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-08-24 - signed chap.212 [A02279 Detail]

Download: New_York-2017-A02279-Amended.html

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Real Property Taxation -- reported and  referred  to  the
          Committee  on Ways and Means -- reported and referred to the Committee
          on  Rules  --  Rules  Committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to the Committee on Rules
        AN ACT to amend the real property tax law, in relation to establishing a
          senior citizen longtime resident exemption in certain cities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 467-k to read as follows:
     3    § 467-k. Senior citizen longtime resident exemption. 1. Establishment.
     4  Any  city  with a population greater than two hundred fifty thousand and
     5  less than three hundred thousand, as determined by the latest  decennial
     6  federal census, after conducting a public hearing, may adopt a local law
     7  to  grant  a senior citizen longtime resident exemption pursuant to this
     8  section. Once a city has enacted a local law adopting the provisions  of
     9  this  section,  the  county government in which such city is located may
    10  also enact a local law to provide an exemption in  the  same  manner  as
    11  such city.
    12    2.  Eligibility.  a.  No  exemption  shall be granted pursuant to this
    13  section unless:
    14    (1) the property is a one-, two- or three-family residential  property
    15  located within a United States census tract that has a median income not
    16  exceeding  sixteen thousand fifty-six dollars according to the two thou-
    17  sand ten decennial census.  A  city  adopting  the  provisions  of  this
    18  section  may  by local law further limit the exemption to specific areas
    19  within such city experiencing an increase in property values due to  new
    20  development  occurring  therein, which put senior citizen longtime resi-
    21  dents at risk of displacement;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2279--A                          2
     1    (2) the property serves as the primary residence of one or more of the
     2  owners;
     3    (3)  all  of the owners are at least sixty-five years of age or older,
     4  or in the case of property owned by husband and wife or by siblings, one
     5  of the owners is at least sixty-five years of age,  as  of  the  taxable
     6  status  date. At the option of the city, which shall be specified in the
     7  local law adopting the provisions of this section, any person  otherwise
     8  qualifying  under  this  section shall not be denied the exemption under
     9  this section if he or she becomes sixty-five  years  of  age  after  the
    10  appropriate  taxable  status date and on or before December thirty-first
    11  of the same year;
    12    (4) one or more of the owners has owned and resided  in  the  property
    13  for no fewer than twenty-five consecutive years; and
    14    (5) the total household income does not exceed thirty thousand dollars
    15  for  the  latest preceding income tax year prior to the date of applica-
    16  tion for such exemption. The term "income" as used in this section shall
    17  mean the "adjusted gross income" for  federal  income  tax  purposes  as
    18  reported  on  the applicant's federal or state income tax return for the
    19  applicable income tax year, subject  to  any  subsequent  amendments  or
    20  revisions,  reduced  by distributions, to the extent included in federal
    21  adjusted gross income, received from an  individual  retirement  account
    22  and  an  individual  retirement annuity; provided that if no such return
    23  was filed for the applicable income tax year, "income"  shall  mean  the
    24  adjusted  gross income that would have been so reported if such a return
    25  had been filed.
    26    3. Calculation of exemption. a. Except as provided in paragraph  b  of
    27  this  subdivision,  a  senior  citizen longtime resident shall be exempt
    28  from taxation and special ad valorem levies for every year in which  the
    29  property's  current  assessment  exceeds  the "base assessment." For the
    30  purposes of this section the "base assessment" shall be  the  assessment
    31  that  appeared  on  the  assessment roll immediately preceding the first
    32  year in which an exemption was granted pursuant  to  this  section.  The
    33  assessor shall annually calculate the exemption by subtracting the "base
    34  assessment" from the current year's assessment.
    35    b.  Notwithstanding the provisions of paragraph a of this subdivision,
    36  no exemption  shall  be  allowed  to  the  extent  that  the  assessment
    37  increased due to one or more of the following events:
    38    (1) a physical improvement made to the property;
    39    (2)  a removal or reduction of an exemption on the eligible taxpayer's
    40  primary residence, including a  reduction  of  the  STAR  exempt  amount
    41  calculated  pursuant  to subdivision two of section four hundred twenty-
    42  five of this title; or
    43    (3) a revaluation that caused the assessment of the  eligible  taxpay-
    44  er's  primary residence to increase by a percentage that is less than or
    45  equal to the applicable change in level of assessment. As used  in  this
    46  section,  the  terms  "revaluation"  and "change in level of assessment"
    47  shall have the same meanings as set forth in sections  one  hundred  two
    48  and twelve hundred twenty of this chapter, respectively.
    49    4.  Application  for  such  exemption shall be made annually on a form
    50  prescribed by the commissioner. Such application shall be  made  to  the
    51  city  assessor  on or before the taxable status date. No application for
    52  such exemption shall be  granted  unless  the  eligibility  criteria  of
    53  subdivision two of this section are met.
    54    5.  In the event that a property granted an exemption pursuant to this
    55  section transfers ownership or otherwise ceases to meet the  eligibility
    56  requirements  of  the  exemption in subdivision two of this section, the

        A. 2279--A                          3
     1  exemption granted pursuant to this section shall be  discontinued.  Upon
     2  determining that an exemption granted pursuant to this section should be
     3  discontinued,  the  assessor shall mail a notice so stating to the owner
     4  or owners thereof at the time and in the manner provided by section five
     5  hundred ten of this chapter.
     6    6.  The city assessor shall, on or before December first, mail to each
     7  person who was granted an exemption pursuant to  this  section  for  the
     8  current  city  fiscal  year,  an application form for an exemption and a
     9  notice that such application must be filed no  later  than  the  taxable
    10  status date in order for the exemption to be granted or continued. Fail-
    11  ure  to  mail any such application form or notice or the failure of such
    12  person or persons to receive  the  same  shall  not  prevent  the  levy,
    13  collection and enforcement of the payment of the taxes on property owned
    14  by such person or persons.
    15    § 2. This act shall take effect immediately.