Bill Text: NY A05932 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 5932 (Prior Session Legislation)

Introduced

Bill Title: Provides for a capped real property school tax rate for persons over seventy years of age.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to real property taxation [A05932 Detail]

Download: New_York-2019-A05932-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5932
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Real Property Taxation
        AN ACT to amend the real property tax law, in relation to establishing a
          capped real property school tax rate for persons seventy years of  age
          or  older  who meet the eligibility requirements for the enhanced STAR
          exemption
          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 431 to read as follows:
     3    § 431. Persons seventy years of age  or  over;  capped  real  property
     4  school  tax rate. 1. (a) Residential real property owned and occupied by
     5  one or more persons, each of whom is seventy years of age  or  over  and
     6  meets  each  of  the  requirements for the enhanced exemption for senior
     7  citizens set forth in section four hundred twenty-five of this  article,
     8  or residential real property owned and occupied by husband and wife, one
     9  of  whom  is seventy years of age or over and meets each of the require-
    10  ments for the enhanced  exemption  for  senior  citizens  set  forth  in
    11  section  four hundred twenty-five of this article, shall be eligible for
    12  the capped real property school tax rate  set  forth  in  this  section,
    13  provided  the school district, after public hearing, adopts a resolution
    14  providing therefor.
    15    (b) For purposes of this  section,  the  term  "capped  real  property
    16  school tax rate" shall mean the lower of:
    17    (i)  the  real  property  school  tax  rate established on the taxable
    18  status date next succeeding the date on which an eligible person attains
    19  the age of seventy years; or
    20    (ii) the real property school tax  rate  established  on  any  taxable
    21  status  date  subsequent to the date on which an eligible person attains
    22  the age of seventy years, which is lower than the real  property  school
    23  tax rate established pursuant to subparagraph (i) of this paragraph.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09859-01-9

        A. 5932                             2
     1    (c) The capped real property school tax rate shall be determined annu-
     2  ally  for  each eligible person seventy years of age or older in accord-
     3  ance with the provisions of paragraphs (a) and (b) of this subdivision.
     4    2.  Any  person  eligible for the capped real property school tax rate
     5  shall apply annually for such capped rate.  Such  application  shall  be
     6  made in a manner and form determined by the department and shall require
     7  proof  of  the applicant's age. Such application shall be filed with the
     8  local assessor on or before the taxable status date for such district.
     9    3. Every school district shall notify, or cause to be  notified,  each
    10  person  owning  residential  real property in the school district of the
    11  provisions of this section. The provisions of this  subdivision  may  be
    12  met  by  a  notice  sent  to such persons in substantially the following
    13  form: "Residential real property owned by persons seventy years  of  age
    14  or  older may be eligible for a capped real property school tax rate. To
    15  receive such capped rate, eligible owners of  qualifying  property  must
    16  file  an application with their local assessor on or before the applica-
    17  ble taxable status date. For further information,  please  contact  your
    18  local assessor."
    19    4.  A school district which provides a capped real property school tax
    20  rate for persons seventy years of age or over pursuant to  this  section
    21  shall  be  eligible for reimbursement by the department of education, as
    22  approved by the commissioner of  education,  in  consultation  with  the
    23  commissioner,  for one hundred percent of the direct cost to such school
    24  district resulting from the implementation of this section. Such  direct
    25  cost  shall be calculated pursuant to regulations of the commissioner of
    26  education, in consultation with  the  commissioner.  A  claim  for  such
    27  reimbursement shall be made by such school district in a manner and form
    28  prescribed by the commissioner of education.
    29    §  2. This act shall take effect on the first of January next succeed-
    30  ing the date on which it shall have become a  law  and  shall  apply  to
    31  assessment rolls prepared on the basis of taxable status dates occurring
    32  on or after such date.