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 ________________________________________________________________________ 2279--A 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. LBD05536-03-7A. 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, theA. 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.