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A04402 Summary:

BILL NOA04402
 
SAME ASNo Same As
 
SPONSORFitzpatrick (MS)
 
COSPNSRDiPietro, Reilly, Tague
 
MLTSPNSRManktelow
 
Amd §467, RPT L
 
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.
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A04402 Memo:

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.
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A04402 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4402
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        Introduced  by  M.  of A. FITZPATRICK, DiPIETRO, REILLY, TAGUE -- Multi-
          Sponsored by -- M. of A. MANKTELOW -- read once and  referred  to  the
          Committee on Real Property Taxation
 
        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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph (a) of subdivision 1 of section 467 of the  real
     2  property  tax  law,  as amended by section 1 of part B of chapter 686 of
     3  the laws of 2022, is amended to read as follows:
     4    (a) Real property owned by one  or  more  persons,  each  of  whom  is
     5  sixty-five  years  of age or over, or real property owned by husband and
     6  wife or by siblings, one of whom is sixty-five years of age or  over  or
     7  totally  and permanently disabled, or real property owned by one or more
     8  persons, some of whom qualify under this section and the others of  whom
     9  qualify  under section four hundred fifty-nine-c of this title, shall be
    10  exempt from payments in lieu of taxes (PILOT) to the battery  park  city
    11  authority or from taxation by any municipal corporation in which located
    12  to  the  extent  of  fifty per centum of the assessed valuation thereof,
    13  provided the governing board of such municipality, after public hearing,
    14  adopts a local law, ordinance or resolution  providing  [therefor]  that
    15  such  exemption shall be granted to either those sixty-five years of age
    16  or over, or to those totally and permanently disabled, or to both  cate-
    17  gories.  For  the purposes of this section, sibling shall mean a brother
    18  or a  sister,  whether  related  through  half  blood,  whole  blood  or
    19  adoption.
    20    §  2. This act shall take effect on the first of January next succeed-
    21  ing the date on which it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08400-01-3
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