NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7573
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the real property tax law, in relation to permitting
persons sixty-five years of age or older to be granted a real property
tax freeze
PURPOSE:
To ensure that Seniors can sustain their current living standards on a
fixed income.
SUMMARY OF PROVISIONS:
Section 1. The Real Property Tax Law is amended by adding a new section
467o, which shall read as follows:
§ 467-o. Real Property Tax Freeze for Persons 65 Year's of Age or Older
(a) The governing board of a municipality may, by local law, ordinance,
or resolution, grant a real property tax freeze for qualifying real
property owned and occupied by one or more persons, each of whom is 65
years of age or older, or for qualifying real property owned and occu-
pied by spouses or siblings, one of whom is 65 years of age or older.
For purposes of this section, the term "sibling" shall include any
sibling, whether related by half-blood, full-blood, or adoption.
(b) For the purposes of this section, "qualifying real property" shall
mean a one-, two-, or three-family residence, a farm dwelling, or resi-
dential property held in a condominium or cooperative form of ownership
and located in this state. If the property is not an eligible type, but
a portion of the property is partially used by the owner as a primary
residence, that portion used as the primary residence shall be entitled
to the real property tax freeze provided by this section; provided,
however, that the taxes for such property shall not be frozen at an
amount exceeding the assessed value attributable to that portion. The
primary residence and occupancy requirement shall be waived if the qual-
ifying person or persons are absent from the property due to medical
reasons or institutionalization.
(c) Application for a real property tax freeze shall be made annually to
the municipality by the owner or owners of such real property. The age
of each owner of such property shall be the age of the person at the
commencement of the municipality's fiscal year for which an application
for such real property tax freeze is made.
(d) Qualifying real property taxes shall be frozen at the amounts paya-
ble at the time the application for the property tax freeze is made.
(e) A real property tax freeze granted to spouses pursuant to this
section, once granted, shall not be rescinded solely because of the
death of the older spouse, as long as the surviving spouse is at least
62 years of age. If the surviving spouse is less than 62 years of age,
they shall become eligible for the real property tax freeze upon reach-
ing 62 years of age, provided all other eligibility requirements are
met.
(f) Any person who has already attained the age of 65 years or older is
eligible for the real property tax freeze and shall be entitled to a
real property tax freeze based on the tax year immediately preceding the
effective date of this section.
(g) The freeze period shall expire when either no eligible person
remains in the property, or when the beneficiary of the freeze fails to
reapply for the freeze. However, the municipality shall provide a notice
60 days prior to the annual reapplication deadline via the United States
Postal Service to the beneficiary's primary residence.
(h) Any person convicted of making a willfully false statement in the
application for such freeze shall be subject to a fine that is to be
determined by the municipality and shall be disqualified from further
freezes for a period of five years.
JUSTIFICATION:
This legislation provides essential property tax relief to New York's
seniors, many o•f whom face financial pressures from rising housing
costs while living on fixed incomes. By allowing municipalities to
implement a real property tax freeze for qualifying homeowners aged 65
and older, we can help ensure that older New Yorkers are able to age in
place with dignity and financial stability.
Supporting Seniors on Fixed Incomes: Most seniors rely on fixed income
sources such as Social Security or pensions. Annual increases in proper-
ty taxes can be financially destabilizing and may lead to difficult
decisions like downsizing or leaving their homes. A tax freeze offers
protection from these burdens, allowing seniors to remain in their homes
and communities.
Promoting Stability in Our Communities: Seniors are often long-time
residents who form the backbone of their neighborhoods. This legislation
helps preserve that continuity by reducing the risk of displacement
caused by unaffordable tax increases.
Addressing the Needs of Vulnerable Populations: The bill accounts for
unique challenges seniors face-such as temporary institutionalization or
hospitalization-by allowing exemptions from the primary residence
requirement during such times, ensuring they don't lose access to this
critical benefit.
Simple, Fair, and Responsible: The bill outlines a straightforward
annual application process, maintains program integrity through penal-
ties for fraudulent claims, and empowers municipalities with the flexi-
bility to adopt this benefit by local choice.
Community and Fiscal Benefits: Allowing seniors to stay in their homes
helps stabilize local property markets and reduces reliance on public
assistance programs. While municipalities may initially forgo minor
revenue increases, the long-term community and economic stability this
bill supports is a valuable investment.
LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act will take effect on January 1, 2026.
STATE OF NEW YORK
________________________________________________________________________
7573
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to permitting
persons sixty-five years of age or older to be granted a real property
tax freeze
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-o to read as follows:
3 § 467-o. Real property tax freeze for persons sixty-five years of age
4 or older. 1. (a) The governing board of a municipality may, by local
5 law, ordinance or resolution grant a real property tax freeze for quali-
6 fying real property owned and occupied by one or more persons, each of
7 whom is sixty-five years of age or older, or qualifying real property
8 owned and occupied by spouses or by siblings, one of whom is sixty-five
9 years of age or older. For purposes of this section, "sibling" shall
10 mean any sibling, whether related through half blood, whole blood or
11 adoption.
12 (b) For the purposes of this section, "qualifying real property" shall
13 mean a one, two or three family residence, a farm dwelling or residen-
14 tial property held in a condominium or cooperative form of ownership and
15 located in this state. If the property is not an eligible type of prop-
16 erty, but a portion of the property is partially used by the owner as a
17 primary residence, that portion which is so used shall be entitled to
18 the real property tax freeze provided by this section; provided that in
19 no event shall the taxes for such property be frozen in an amount that
20 exceeds the assessed value attributable to that portion. The primary
21 residence and occupancy requirement shall be waived if the qualifying
22 person or persons are absent from the property due to medical reasons or
23 institutionalization.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11318-02-5
A. 7573 2
1 (c) Application for a real property tax freeze shall be made annually
2 to the municipality by the owner or owners of such real property. The
3 age of each owner of such property shall be the age of such person at
4 the commencement of the municipality's fiscal year for which an applica-
5 tion for such real property tax freeze is made.
6 2. Qualifying real property taxes shall be frozen in the amounts paya-
7 ble at the time such application for a property tax freeze is made.
8 3. A real property tax freeze granted to spouses pursuant to this
9 section, once granted, shall not be rescinded solely because of the
10 death of the older spouse so long as the surviving spouse is at least
11 sixty-two years of age. In the event that the surviving spouse is less
12 than sixty-two years of age, such surviving spouse shall be eligible for
13 the real property tax freeze upon reaching sixty-two years of age
14 provided all other eligibility requirements are met.
15 4. Any person who has already attained the age of sixty-five years or
16 older is eligible for such real property tax freeze and shall be enti-
17 tled to a real property tax freeze based on the tax year immediately
18 preceding the effective date of this section.
19 5. The freeze period shall expire when either no eligible person
20 remains in the property, or when the beneficiary of the freeze fails to
21 reapply for such freeze; provided, however, that the municipality shall
22 provide a notice sixty days prior to the annual reapplication deadline
23 via United States Postal Service to the beneficiary's primary residence.
24 6. Any conviction of having made any willful false statement in the
25 application for such freeze, shall be punishable by a fine to be deter-
26 mined by the municipality and shall disqualify the applicant or appli-
27 cants from further freezes for a period of five years.
28 § 2. This act shall take effect on the one hundred eightieth day after
29 it shall have become a law.
