Provides that the current real property tax exemption for persons over 65 may also be extended to those persons who are totally and permanently disabled; requires that municipalities shall provide by local law that such exemptions shall be granted to either those 65 years of age or older or to those who are totally and permanently disabled, or to both categories of persons.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4402
SPONSOR: Fitzpatrick (MS) TITLE OF BILL:
An act to amend the real property tax law, in relation to granting
partial exemption from real property taxation to persons who are totally
and permanently disabled
PURPOSE OR GENERAL IDEA OF BILL:
To authorize municipal corporations to grant partial exemption on real
property owned by persons totally and permanently disabled.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 1 of § 467 of the Real
Property Tax Law as amended by section 1 of part B of Chapter 686 of the
laws of 2022. Individuals who are totally and permanently disabled will
be able to receive the same tax exemption that persons over the age of
sixty-five currently receive. They shall be exempt from taxation by any
municipal corporation in which they are located to the extent of fifty
per cent of the assessed valuation thereof, provided the governing board
of such municipality, after a public hearing, adopts a local law, ordi-
nance or resolution.
Section 2 establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
Under present law, a local municipality may grant tax exemptions to
those persons who are 65 years of age or older. This legislation intends
to provide some relief to property owners to which such exemptions could
be granted, namely, those who are "totally and permanently disabled."
Members of this group also have had their earning power severely reduced
and find it difficult to meet the tax obligations that are concomitant
with owning their own homes. Thus, this bill would help alleviate some
of the economic problems faced by the disabled.
PRIOR LEGISLATIVE HISTORY:
2022 - A5592 - Referred to Real Property Taxation
2020 - A6170 - Held in Real Property Taxation
2018 - A7347 - Held in Real Property Taxation
2016 - A3125 - Held in Real Property Taxation
2014 - A3196 - Held in Real Property Taxation
2012 - A2514 - Held in Real Property Taxation
2010 - A4524 - Held in Real Property Taxation
2008 - A6798 - Held in Real Property Taxation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.
