Bill Text: NY S05052 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Establishes a capped property school tax rate for persons sixty-seven years of age or older who have a combined annual income of $60,000 or less.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S05052 Detail]

Download: New_York-2011-S05052-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5052
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the real property tax law, in relation to establishing a
         capped real property school tax rate for persons sixty-seven years  of
         age or older whose combined annual income is fifty thousand dollars or
         less
         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    S  431. PERSONS SIXTY-SEVEN 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 SIXTY-SEVEN YEARS OF AGE OR OVER
    6  AND WHOSE COMBINED ANNUAL INCOME IS FIFTY THOUSAND DOLLARS OR  LESS,  OR
    7  RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND WIFE, ONE OF
    8  WHOM  IS  SIXTY-SEVEN  YEARS  OF  AGE  OR OVER AND WHOSE COMBINED ANNUAL
    9  INCOME IS FIFTY THOUSAND DOLLARS OR LESS,  SHALL  BE  ELIGIBLE  FOR  THE
   10  CAPPED REAL PROPERTY SCHOOL TAX RATE SET FORTH IN THIS SECTION.
   11    (B)  FOR  PURPOSES  OF  THIS  SECTION,  THE TERM "CAPPED REAL PROPERTY
   12  SCHOOL TAX RATE" SHALL MEAN THE LOWER OF:
   13    (I) THE REAL PROPERTY SCHOOL  TAX  RATE  ESTABLISHED  ON  THE  TAXABLE
   14  STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
   15  THE AGE OF SIXTY-SEVEN YEARS; OR
   16    (II)  THE  REAL  PROPERTY  SCHOOL  TAX RATE ESTABLISHED ON ANY TAXABLE
   17  STATUS DATE SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE  PERSON  ATTAINS
   18  THE  AGE  OF  SIXTY-SEVEN  YEARS,  WHICH IS LOWER THAN THE REAL PROPERTY
   19  SCHOOL TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA-
   20  GRAPH.
   21    (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU-
   22  ALLY  FOR  EACH  ELIGIBLE  PERSON  SIXTY-SEVEN  YEARS OF AGE OR OLDER IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09982-01-1
       S. 5052                             2
    1  ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS  SUBDI-
    2  VISION.
    3    2.  ANY  PERSON  ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE
    4  SHALL APPLY ANNUALLY FOR SUCH CAPPED RATE.  SUCH  APPLICATION  SHALL  BE
    5  MADE  IN  A  MANNER  AND  FORM  DETERMINED BY THE COMMISSIONER AND SHALL
    6  REQUIRE PROOF OF THE APPLICANT'S AGE. SUCH APPLICATION  SHALL  BE  FILED
    7  WITH  THE  LOCAL  ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE FOR SUCH
    8  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 SIXTY-SEVEN  YEARS  OF
   14  AGE OR OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE.
   15  TO 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    S  2.  This  act  shall take effect January 1, 2013 and shall apply to
   20  assessment rolls prepared on the basis of taxable status dates occurring
   21  on or after such date.