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A03416 Summary:

BILL NOA03416
 
SAME ASSAME AS S01665
 
SPONSORCymbrowitz
 
COSPNSR
 
MLTSPNSR
 
Amd 469, RPT L
 
Extends eligibility for tax exemption to the extent of any increase in assessed value of residential property resulting from the construction or reconstruction of such property for the purpose of providing living quarters for certain related senior or disabled relatives.
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A03416 Actions:

BILL NOA03416
 
01/27/2017referred to real property taxation
01/03/2018referred to real property taxation
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A03416 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3416
 
SPONSOR: Cymbrowitz
  TITLE OF BILL: An act to amend the real property tax law, in relation to assessment exemptions for living quarters for a parent or grandparent   PURPOSE: The purpose of this bill is provide greater protection to the elderly and achieve savings in State expenditures for the elderly by expanding the scope of the property tax exemption for house alterations made for the purpose of housing a senior or person with a disability.   SUMMARY OF PROVISIONS: Section one of this bill amends subdivisions one and three of section 469 of the Real Property Tax Law to provide local governments with the option to shield real property owners who make changes to their homes so that they can house seniors or individuals with disabilities who are related to the property owner from an increase in the assessed value of their home due to these changes. Section two of this bill adds a new subdivision 5-a to Real Property Tax Law. This new subdivision defines the term "eligible person" to mean a person who is at least 62 years of age or disabled that is within three degrees of consanguinity or affinity with the property owner. Section two of this bill provides that this act shall take effect imme- diately.   EXISTING LAW: The exemption provided in subdivisions one and three of section 469 of the Real Property Tax Law is only available where the elderly individual for whom accommodation is made is a parent or grandparent of the home- owner claiming the exemption.   JUSTIFICATION: This legislation expands the current Real Property Tax Law provisions that provide local governments with the option to allow owners of resi- dential property that is their principal place of residence to make changes in order to house a senior citizen or a person with a disability without experiencing an increase in the property's assessed value. Current law limits this exemption to alterations made to house a parent or grandparent. This bill would expand the class of eligible persons to include certain relatives who are at least 62 years of age and persons with disabilities. Expanding this exemption to great grandparents, aunts and uncles, as well as related persons with disabilities, allows these people to reside at home saving significant costs that would otherwise be passed on to taxpayers if these individuals had to move into State subsidized facilities.   LEGISLATIVE HISTORY: 2015-16 A.9333 Referred to real property taxation S.1458A Referred to real property taxation - Golden   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: This act shall take effect immediately.
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A03416 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3416
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Real Property Taxation
 
        AN ACT to amend the real property tax law,  in  relation  to  assessment
          exemptions for living quarters for a parent or grandparent
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 3 of section 469 of  the  real  property
     2  tax  law,  as added by chapter 377 of the laws of 2000, subdivision 1 as
     3  further amended by subdivision (b) of section 1 of part W of chapter  56
     4  of the laws of 2010, are amended to read as follows:
     5    1. A county, city, town, village or school district acting through its
     6  local  legislative  body is hereby authorized and empowered to adopt and
     7  amend local laws, or resolutions in the case  of  school  districts,  to
     8  provide  for an exemption from taxation to the extent of any increase in
     9  assessed value of residential property resulting from  the  construction
    10  or  reconstruction  of such property for the purpose of providing living
    11  quarters for a parent or grandparent, who is sixty-two years of  age  or
    12  older,  or  another eligible person, as defined in subdivision five-a of
    13  this section. Such exemption  shall  not  exceed  (a)  the  increase  in
    14  assessed  value  resulting  from  construction or reconstruction of such
    15  property, or (b) twenty percent of the  total  assessed  value  of  such
    16  property  as improved, or (c) twenty percent of the median sale price of
    17  residential property as reported in the most  recent  sales  statistical
    18  summary  published by the commissioner for the county in which the prop-
    19  erty is located, whichever is less.
    20    3. Such exemption shall be applicable only to construction  or  recon-
    21  struction  which  occurred  subsequent  to  the  effective  date of this
    22  section and shall only apply during taxable years during which at  least
    23  one such parent [or], grandparent or eligible person maintains a primary
    24  place of residence in such living quarters.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05062-01-7

        A. 3416                             2
 
     1    §  2.  Section 469 of the real property tax law is amended by adding a
     2  new subdivision 5-a to read as follows:
     3    5-a.  For  the  purposes  of  this section, the term "eligible person"
     4  shall be deemed to include an individual who is sixty-two years  of  age
     5  or  older,  or a husband and wife, one of whom is sixty-two years of age
     6  or older, or a person with a disability, provided that such  person,  or
     7  in  the  case of a husband and wife, one spouse, is within three degrees
     8  of consanguinity or three degrees of affinity with the  property  owner.
     9  To  qualify  as  a  person  with  a  disability for the purposes of this
    10  section, an individual shall submit to the  appropriate  assessor  proof
    11  that  he or she is currently receiving social security disability insur-
    12  ance or supplemental security income benefits under the  federal  social
    13  security  act  or disability pension or disability compensation benefits
    14  provided by the United States department of veterans  affairs  or  those
    15  previously eligible by virtue of receiving disability benefits under the
    16  supplemental  security  income program or the social security disability
    17  program and currently receiving medical  assistance  benefits  based  on
    18  determination  of disability as provided in section three hundred sixty-
    19  six of the social services law, or a certified statement from  a  physi-
    20  cian  licensed  to  practice  in the state on a form prescribed and made
    21  available by the commissioner which states that  the  individual  has  a
    22  permanent  physical impairment which substantially limits one or more of
    23  such individual's major life activities, or a certificate from the state
    24  commission for the blind and  visually  handicapped  stating  that  such
    25  individual is legally blind.
    26    § 3. This act shall take effect immediately.
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