Bill Text: NY S08021 | 2015-2016 | General Assembly | Introduced
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 (Republican 1-0)
Status: (Introduced - Dead) 2016-06-06 - REFERRED TO RULES [S08021 Detail]
Download: New_York-2015-S08021-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8021 IN SENATE June 6, 2016 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed 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-j to read as follows: 3 § 467-j. 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 not 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; 22 (2) the property serves as the primary residence of one or more of the 23 owners; 24 (3) all of the owners are at least sixty-five years of age or older, 25 or in the case of property owned by husband and wife or by siblings, one 26 of the owners is at least sixty-five years of age, as of the taxable 27 status date. At the option of the city, which shall be specified in the 28 local law adopting the provisions of this section, any person otherwise EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15627-01-6S. 8021 2 1 qualifying under this section shall not be denied the exemption under 2 this section if he or she becomes sixty-five years of age after the 3 appropriate taxable status date and on or before December thirty-first 4 of the same year; 5 (4) one or more of the owners has owned and resided in the property 6 for no fewer than twenty-five consecutive years; and 7 (5) the total household income does not exceed thirty thousand dollars 8 for the latest preceding income tax year prior to the date of applica- 9 tion for such deferment. The term "income" as used in this section shall 10 mean the "adjusted gross income" for federal income tax purposes as 11 reported on the applicant's federal or state income tax return for the 12 applicable income tax year, subject to any subsequent amendments or 13 revisions, reduced by distributions, to the extent included in federal 14 adjusted gross income, received from an individual retirement account 15 and an individual retirement annuity; provided that if no such return 16 was filed for the applicable income tax year, "income" shall mean the 17 adjusted gross income that would have been so reported if such a return 18 had been filed. 19 3. Calculation of exemption. a. Except as provided in paragraph b of 20 this subdivision, a senior citizen longtime resident shall be exempt 21 from taxation and special ad valorem levies for every year in which the 22 property's current assessment exceeds the "base assessment." For the 23 purposes of this section the "base assessment" shall be the assessment 24 that appeared on the assessment roll immediately preceding the first 25 year in which an exemption was granted pursuant to this section. The 26 assessor shall annually calculate the exemption by subtracting the "base 27 assessment" from the current year's assessment. 28 b. Notwithstanding the provisions of paragraph a of this subdivision, 29 no exemption shall be allowed to the extent that the assessment 30 increased due to one or more of the following events: 31 (1) a physical improvement made to the property; 32 (2) a removal or reduction of an exemption on the eligible taxpayer's 33 primary residence, including a reduction of the STAR exempt amount 34 calculated pursuant to subdivision two of section four hundred twenty- 35 five of this title; or 36 (3) a revaluation that caused the assessment of the eligible taxpay- 37 er's primary residence to increase by a percentage that is less than or 38 equal to the applicable change in level of assessment. As used in this 39 section, the terms "revaluation" and "change in level of assessment" 40 shall have the same meanings as set forth in sections one hundred two 41 and twelve hundred twenty of this chapter, respectively. 42 4. Application for such exemption shall be made annually on a form 43 prescribed by the commissioner. Such application shall be made to the 44 city assessor on or before the taxable status date. No application for 45 such exemption shall be granted unless the eligibility criteria of 46 subdivision two of this section are met. 47 5. In the event that a property granted an exemption pursuant to this 48 section transfers ownership or otherwise ceases to meet the eligibility 49 requirements of the exemption in subdivision two of this section, the 50 exemption granted pursuant to this section shall be discontinued. Upon 51 determining that an exemption granted pursuant to this section should be 52 discontinued, the assessor shall mail a notice so stating to the owner 53 or owners thereof at the time and in the manner provided by section five 54 hundred ten of this chapter. 55 6. The city assessor shall, on or before December first, mail to each 56 person who was granted an exemption pursuant to this section for theS. 8021 3 1 current city fiscal year, an application form for an exemption and a 2 notice that such application must be filed no later than the taxable 3 status date in order for the exemption to be granted or continued. Fail- 4 ure to mail any such application form or notice or the failure of such 5 person or persons to receive the same shall not prevent the levy, 6 collection and enforcement of the payment of the taxes on property owned 7 by such person or persons. 8 § 2. This act shall take effect immediately.
