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S06934 Summary:

Add 467-k, RPT L
Authorizes cities having a population of between 250,000 and 300,000 to establish a senior citizen longtime resident real property tax exemption.
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S06934 Actions:

06/11/2018SUBSTITUTED BY A2279A
 A02279 AMEND=A Peoples-Stokes
 01/17/2017referred to real property taxation
 06/06/2017reported referred to ways and means
 06/12/2017reported referred to rules
 06/13/2017amend and recommit to rules 2279a
 06/15/2017rules report cal.373
 06/15/2017ordered to third reading rules cal.373
 06/19/2017passed assembly
 06/19/2017delivered to senate
 01/03/2018DIED IN SENATE
 01/03/2018ordered to third reading cal.168
 02/06/2018passed assembly
 02/06/2018delivered to senate
 06/11/2018SUBSTITUTED FOR S6934
 06/11/20183RD READING CAL.1668
 06/11/2018PASSED SENATE
 08/13/2018delivered to governor
 08/24/2018signed chap.212
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S06934 Memo:

Memo not available
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S06934 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                    November 1, 2017
        Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the real property tax law, in relation to establishing a
          senior citizen longtime resident exemption in certain cities
          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-k to read as follows:
     3    § 467-k. Senior citizen longtime resident exemption. 1. Establishment.
     4  Any city with a population greater than two hundred fifty  thousand  and
     5  less  than three hundred thousand, as determined by the latest decennial
     6  federal census, after conducting a public hearing, may adopt a local law
     7  to grant a senior citizen longtime resident exemption pursuant  to  this
     8  section.  Once a city has enacted a local law adopting the provisions of
     9  this section, the county government in which such city  is  located  may
    10  also  enact  a  local  law to provide an exemption in the same manner as
    11  such city.
    12    2. Eligibility. a. No exemption shall  be  granted  pursuant  to  this
    13  section unless:
    14    (1)  the property is a one-, two- or three-family residential property
    15  located within a United States census tract that has a median income not
    16  exceeding sixteen thousand fifty-six dollars according to the two  thou-
    17  sand  ten  decennial  census.  A  city  adopting  the provisions of this
    18  section may by local law further limit the exemption to  specific  areas
    19  within  such city experiencing an increase in property values due to new
    20  development occurring therein, which put senior citizen  longtime  resi-
    21  dents at risk of displacement;
    22    (2) the property serves as the primary residence of one or more of the
    23  owners;
    24    (3)  all  of the owners are at least sixty-five years of age or older,
    25  or in the case of property owned by husband and wife or by siblings, one
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6934                             2
     1  of the owners is at least sixty-five years of age,  as  of  the  taxable
     2  status  date. At the option of the city, which shall be specified in the
     3  local law adopting the provisions of this section, any person  otherwise
     4  qualifying  under  this  section shall not be denied the exemption under
     5  this section if he or she becomes sixty-five  years  of  age  after  the
     6  appropriate  taxable  status date and on or before December thirty-first
     7  of the same year;
     8    (4) one or more of the owners has owned and resided  in  the  property
     9  for no fewer than twenty-five consecutive years; and
    10    (5) the total household income does not exceed thirty thousand dollars
    11  for  the  latest preceding income tax year prior to the date of applica-
    12  tion for such exemption. The term "income" as used in this section shall
    13  mean the "adjusted gross income" for  federal  income  tax  purposes  as
    14  reported  on  the applicant's federal or state income tax return for the
    15  applicable income tax year, subject  to  any  subsequent  amendments  or
    16  revisions,  reduced  by distributions, to the extent included in federal
    17  adjusted gross income, received from an  individual  retirement  account
    18  and  an  individual  retirement annuity; provided that if no such return
    19  was filed for the applicable income tax year, "income"  shall  mean  the
    20  adjusted  gross income that would have been so reported if such a return
    21  had been filed.
    22    3. Calculation of exemption. a. Except as provided in paragraph  b  of
    23  this  subdivision,  a  senior  citizen longtime resident shall be exempt
    24  from taxation and special ad valorem levies for every year in which  the
    25  property's  current  assessment  exceeds  the "base assessment." For the
    26  purposes of this section the "base assessment" shall be  the  assessment
    27  that  appeared  on  the  assessment roll immediately preceding the first
    28  year in which an exemption was granted pursuant  to  this  section.  The
    29  assessor shall annually calculate the exemption by subtracting the "base
    30  assessment" from the current year's assessment.
    31    b.  Notwithstanding the provisions of paragraph a of this subdivision,
    32  no exemption  shall  be  allowed  to  the  extent  that  the  assessment
    33  increased due to one or more of the following events:
    34    (1) a physical improvement made to the property;
    35    (2)  a removal or reduction of an exemption on the eligible taxpayer's
    36  primary residence, including a  reduction  of  the  STAR  exempt  amount
    37  calculated  pursuant  to subdivision two of section four hundred twenty-
    38  five of this title; or
    39    (3) a revaluation that caused the assessment of the  eligible  taxpay-
    40  er's  primary residence to increase by a percentage that is less than or
    41  equal to the applicable change in level of assessment. As used  in  this
    42  section,  the  terms  "revaluation"  and "change in level of assessment"
    43  shall have the same meanings as set forth in sections  one  hundred  two
    44  and twelve hundred twenty of this chapter, respectively.
    45    4.  Application  for  such  exemption shall be made annually on a form
    46  prescribed by the commissioner. Such application shall be  made  to  the
    47  city  assessor  on or before the taxable status date. No application for
    48  such exemption shall be  granted  unless  the  eligibility  criteria  of
    49  subdivision two of this section are met.
    50    5.  In the event that a property granted an exemption pursuant to this
    51  section transfers ownership or otherwise ceases to meet the  eligibility
    52  requirements  of  the  exemption in subdivision two of this section, the
    53  exemption granted pursuant to this section shall be  discontinued.  Upon
    54  determining that an exemption granted pursuant to this section should be
    55  discontinued,  the  assessor shall mail a notice so stating to the owner

        S. 6934                             3
     1  or owners thereof at the time and in the manner provided by section five
     2  hundred ten of this chapter.
     3    6.  The city assessor shall, on or before December first, mail to each
     4  person who was granted an exemption pursuant to  this  section  for  the
     5  current  city  fiscal  year,  an application form for an exemption and a
     6  notice that such application must be filed no  later  than  the  taxable
     7  status date in order for the exemption to be granted or continued. Fail-
     8  ure  to  mail any such application form or notice or the failure of such
     9  person or persons to receive  the  same  shall  not  prevent  the  levy,
    10  collection and enforcement of the payment of the taxes on property owned
    11  by such person or persons.
    12    § 2. This act shall take effect immediately.
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