•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05288 Summary:

BILL NOA05288
 
SAME ASSAME AS S03309
 
SPONSORSchiavoni
 
COSPNSR
 
MLTSPNSR
 
Amd §425, RPT L
 
Provides that where a person who meets the requirements for an enhanced exemption for property owned by senior citizens purchases real property after the levy of taxes, such person may file an application for exemption to the assessor within thirty days of the transfer of title to such person for such exemption.
Go to top    

A05288 Actions:

BILL NOA05288
 
02/12/2025referred to real property taxation
Go to top

A05288 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5288
 
SPONSOR: Schiavoni
  TITLE OF BILL: An act to amend the real property tax law, in relation to eligibility for the enhanced school tax relief exemption for senior citizens for properties purchased after the levy of taxes   PURPOSE OR GENERAL IDEA OF BILL: This bill provides that where a senior citizen purchases real property after the taxable status date, such person shall be eligible for the enhanced STAR exemption.   SUMMARY OF SPECIFIC PROVISIONS: § 1- Amends subdivision 6 of § 425 of the Real Property Tax Law by adding a new paragraph (f). § 2- Effective date.   JUSTIFICATION: Real property tax law section 425 subdivision (6) presently allows a senior citizen who moves after a municipal taxable status date to retain their eligibility for the regular senior citizens' property tax exemption. This bill will correct a technical oversight that occurred when the STAR program was enacted by making a similar opportunity to transfer an existing exemption available to STAR applicants who are over 65. This bill will allow a senior citizen to move after a municipal taxable status date and still be eligible for the enhanced senior citizen exemption for that year. The property owner must file an application for exemption within 30 days after receiving title to the property. The assessor, no later than 30 days after receiving such application, shall notify both the applicant and the Board of Assessment review by first class mail of the exempt amount which is then subject to the assessment review process. This process will ensure that senior citizens do not lose an exemption for which they are otherwise qualified.   LEGISLATIVE HISTORY: 2023-24: S.2160/A.3792 2021-22: S.5172/A.5806 2019-20: S.4986/A.7003 2017-18: S.3228/A.2681 2015-16: S.4152/A.5635 2013-14: S.3310/A.4119 2011-12: S.1942 2009-10: S.2925 2007-08: S.941 2005-06: S.1559 2003-04: S.2583 2001-02: S.2311 1999-00: S.3246   FISCAL IMPLICATIONS: None. There will be no new costs because the exemption has already been allotted for in state funds and is merely shifting.   EFFECTIVE DATE: This act shall take effect immediately and shall apply to real property transferred to qualified senior citizens after taxable status dates occurring on or after such date.
Go to top

A05288 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5288
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
          Committee on Real Property Taxation
 
        AN ACT to amend the real property tax law, in  relation  to  eligibility
          for  the  enhanced school tax relief exemption for senior citizens for
          properties purchased after the levy of taxes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 6 of section 425 of the real property tax law
     2  is amended by adding a new paragraph (f) to read as follows:
     3    (f) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
     4  sion,  where  a  person  who  meets  the  requirements  for  an enhanced
     5  exemption for property owned by senior citizens pursuant to this section
     6  purchases property after the levy of taxes,  such  person  may  file  an
     7  application  for  exemption  with the assessor within thirty days of the
     8  transfer of title to such person. The assessor  shall  make  a  determi-
     9  nation  of  whether  or  not  the parcel would have qualified for exempt
    10  status on the tax roll on which the taxes were levied had title  to  the
    11  parcel  been  in  the  name  of the applicant on the taxable status date
    12  applicable to  the  tax  roll.  The  application  shall  be  on  a  form
    13  prescribed  by the commissioner. The assessor, no later than thirty days
    14  after receipt of such application, shall notify both the  applicant  and
    15  the  board  of  assessment  review,  by  first class mail, of the exempt
    16  amount, if any, and the right of the owner to a  review  of  the  exempt
    17  amount  upon  the filing of a written complaint. Such complaint shall be
    18  on a form prescribed by the commissioner and shall  be  filed  with  the
    19  board  of  assessment  review  within twenty days of the mailing of this
    20  notice.  If no complaint is received, the  board  of  assessment  review
    21  shall  so  notify  the assessor, and the exempt amount determined by the
    22  assessor shall be final. If the applicant files a complaint,  the  board
    23  of  assessment review shall schedule a time and place for a hearing with
    24  respect thereto no later than thirty  days  after  the  mailing  of  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07507-01-5

        A. 5288                             2
 
     1  notice  by  the  assessor. The board of assessment review shall meet and
     2  determine the exempt amount and shall immediately  notify  the  assessor
     3  and the applicant, by first class mail, of its determination. The amount
     4  of  exemption  determined pursuant to this paragraph shall be subject to
     5  review as provided in article seven of this chapter. Such  a  proceeding
     6  shall  be  commenced  within thirty days of the mailing of the notice of
     7  the board of assessment review to the new  owner  as  provided  in  this
     8  paragraph.
     9    §  2.  This  act shall take effect immediately and shall apply to real
    10  property transferred to qualified senior citizens after  taxable  status
    11  dates occurring on or after such date.
Go to top