senate Bill S3523A

Relates to exemptions available to veterans

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Feb / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 30 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 19 / Feb / 2014
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 19 / Feb / 2014
    • PRINT NUMBER 3523A

Summary

Relates to exemptions available to veterans.

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Bill Details

See Assembly Version of this Bill:
A4403A
Versions:
S3523
S3523A
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยงยง458-a & 458-b, RPT L
Versions Introduced in 2011-2012 Legislative Cycle:
S5597B, A8186B

Sponsor Memo

BILL NUMBER:S3523A

TITLE OF BILL: An act to amend the real property tax law, in relation
to exemptions available to veterans

PURPOSE OR GENERAL IDEA OF BILL:

Creates an additional local option to increase the maximum exemptions
allowed under the alternative veteran's exemption and the exemption
for Cold War veterans.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subparagraph (ii) of paragraph (d) of Subdivision 2
of section 458-a of the Real Property Tax Law, as amended by Chapter
518 of the Laws of 2013 to create new categories of higher exemptions
available under the alternative veteran's exemption. These are:
$39,000, $26,000, and $130,000; $42,000, $28,000, and $140,000; and
$45,000, $30,000 and $150,000. Under the "high-appreciation
municipality" section of the legislation new categories of higher
exemption available to municipalities are also increased. These are:
$57,000, $38,000, and $190,000; $60,000, $40,000 and $200,000;
$63,000, $42,000 and $210,000; $66,000, $44,000 and $220,000; $69,000,
$46,000 and $230,000; $72,000, $48,000 and $240,000; and $75,000,
$50,000 and $250,000.

Section 2. Amends subparagraph (iii) of paragraph (c) of subdivision 2
of Section 458-b of the Real Property Tax Law, as amended by Chapter
235 of the Laws of 2009 and as further amended by Section 1 of Part W
of Chapter 56 of the Laws of 2010 to create new categories of higher
exemptions available to municipalities under the Cold War veteran's
exemption. These are: $39,000, $26,000, and $130,000; $42,000,
$28,000, and $140,000; and $45,000, $30,000 and $150,000. Under the
"high-appreciation municipality" section of the legislation new
categories of higher exemption available to municipalities are also
increased. These are: $57,000, $38,000, and $190,000; $60,000, $40,000
and $200,000; $63,000, $42,000 and $210,000; $66,000, $44,000 and
$220,000; $69,000, $46,000 and $230,000; $72,000, $48,000 and
$240,000; and $75,000, $50,000 and $250,000.

JUSTIFICATION:

Chapter 477 of the Laws of 1996 amended the alternative veteran's
exemption to permit higher municipal caps on the exemption. At the
same time, however, the equalization factor, used to assure
inter-jurisdictional equity was restored. In some localities, the
required use of the equalization rates resulted in lower exemptions
even where the highest authorization cap were newly implemented.
Chapter 417 of the Laws of 1997 corrected the unintended consequences
of Chapter 477, while maintaining local control of the administration
of the veteran's alternative exemption. It also created three new
higher exemptions that a municipality could adopt and established a
special set of exemptions for the City of New York that allowed for
even higher exemption limits.

With the dramatic rise in the value of real property over the years,
veterans in several municipalities strongly voiced their


dissatisfaction with the administration of the veteran's exemption -
clearly stating, at that time, that the benefit had been diminished to
such a level that it no longer provides adequate compensation. As
such, these exemptions were increased by Chapter 256 of the Laws of
2005. As real property values continue to rise, municipalities should
be afforded the opportunity to elect to increase the maximum
exemptions allowed under the alternative veteran's exemption and the
exemption for Cold War veterans to restore its original intent to
provide a viable means by which to help war-time veterans maintain
home ownership.

PRIOR LEGISLATIVE HISTORY:

2011-12: A.8186-B/S.5597-B

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State. Localities which opt to enact local laws permitting
the increases would shift the tax burden to the remaining tax base.

EFFECTIVE DATE:

This act shall take effect January 2, 2015; provided that sections one
and two of this act shall apply to assessment rolls based on taxable
status date occurring on or after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3523--A                                            A. 4403--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 5, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to be committed to the Committee on Veterans,
  Homeland Security and Military Affairs -- recommitted to the Committee
  on Veterans, Homeland Security and Military Affairs in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- Multi-Sponsored by -- M.
  of  A.  HAWLEY,  SWEENEY -- read once and referred to the Committee on
  Veterans' Affairs -- recommitted to the Committee on Veterans' Affairs
  in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the real property tax law,  in  relation  to  exemptions
  available to veterans

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (ii) of paragraph  (d)  of  subdivision  2  of
section 458-a of the real property tax law, as amended by chapter 518 of
the laws of 2013, is amended to read as follows:
  (ii)  Each  county, city, town, village or school district may adopt a
local law to reduce the maximum exemption allowable in  paragraphs  (a),
(b)  and  (c) of this subdivision to nine thousand dollars, six thousand
dollars and thirty  thousand  dollars,  respectively,  or  six  thousand
dollars,  four thousand dollars and twenty thousand dollars, respective-
ly. Each county, city, town, village or school district is also  author-
ized to adopt a local law to increase the maximum exemption allowable in
paragraphs  (a),  (b)  and  (c)  of this subdivision to fifteen thousand
dollars, ten thousand dollars and fifty thousand dollars,  respectively;
eighteen  thousand  dollars,  twelve thousand dollars and sixty thousand
dollars, respectively; twenty-one thousand  dollars,  fourteen  thousand

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08211-02-4

S. 3523--A                          2                         A. 4403--A

dollars,  and  seventy thousand dollars, respectively; twenty-four thou-
sand dollars, sixteen thousand dollars,  and  eighty  thousand  dollars,
respectively;  twenty-seven thousand dollars, eighteen thousand dollars,
and  ninety  thousand  dollars,  respectively;  thirty thousand dollars,
twenty thousand dollars, and one hundred thousand dollars, respectively;
thirty-three thousand dollars,  twenty-two  thousand  dollars,  and  one
hundred ten thousand dollars, respectively; thirty-six thousand dollars,
twenty-four  thousand  dollars, and one hundred twenty thousand dollars,
respectively; THIRTY-NINE THOUSAND DOLLARS, TWENTY-SIX THOUSAND DOLLARS,
AND ONE HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY;  FORTY-TWO  THOU-
SAND DOLLARS, TWENTY-EIGHT THOUSAND DOLLARS, AND ONE HUNDRED FORTY THOU-
SAND  DOLLARS,  RESPECTIVELY;  AND  FORTY-FIVE  THOUSAND DOLLARS, THIRTY
THOUSAND DOLLARS AND ONE HUNDRED FIFTY THOUSAND  DOLLARS,  RESPECTIVELY.
In addition, a county, city, town, village or school district which is a
"high-appreciation  municipality"  as  defined  in  this subparagraph is
authorized to adopt a local law to increase the maximum exemption allow-
able in paragraphs (a), (b) and (c) of this subdivision  to  thirty-nine
thousand  dollars,  twenty-six  thousand dollars, and one hundred thirty
thousand dollars, respectively; forty-two thousand dollars, twenty-eight
thousand dollars, and one hundred forty thousand dollars,  respectively;
forty-five  thousand  dollars,  thirty  thousand dollars and one hundred
fifty thousand  dollars,  respectively;  forty-eight  thousand  dollars,
thirty-two  thousand  dollars  and  one  hundred sixty thousand dollars,
respectively; fifty-one thousand dollars, thirty-four  thousand  dollars
and one hundred seventy thousand dollars, respectively; fifty-four thou-
sand  dollars,  thirty-six thousand dollars and one hundred eighty thou-
sand dollars, respectively; FIFTY-SEVEN THOUSAND  DOLLARS,  THIRTY-EIGHT
THOUSAND  DOLLARS AND ONE HUNDRED NINETY THOUSAND DOLLARS, RESPECTIVELY;
SIXTY THOUSAND DOLLARS, FORTY THOUSAND DOLLARS AND TWO HUNDRED  THOUSAND
DOLLARS,  RESPECTIVELY; SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO THOUSAND
DOLLARS AND TWO HUNDRED TEN THOUSAND  DOLLARS,  RESPECTIVELY;  SIXTY-SIX
THOUSAND  DOLLARS,  FORTY-FOUR  THOUSAND  DOLLARS AND TWO HUNDRED TWENTY
THOUSAND DOLLARS, RESPECTIVELY; SIXTY-NINE THOUSAND  DOLLARS,  FORTY-SIX
THOUSAND  DOLLARS AND TWO HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY;
SEVENTY-TWO THOUSAND  DOLLARS,  FORTY-EIGHT  THOUSAND  DOLLARS  AND  TWO
HUNDRED  FORTY  THOUSAND  DOLLARS,  RESPECTIVELY;  SEVENTY-FIVE THOUSAND
DOLLARS, FIFTY THOUSAND DOLLARS AND TWO HUNDRED FIFTY THOUSAND  DOLLARS,
RESPECTIVELY.    For purposes of this subparagraph, a "high-appreciation
municipality" means: (A) a special assessing unit that is a city, (B)  a
county  for which the commissioner has established a sales price differ-
ential factor for purposes of the STAR exemption authorized  by  section
four  hundred  twenty-five of this title in three consecutive years, and
(C) a city, town, village or school district which is wholly  or  partly
located within such a county.
  S  2.  Subparagraph (iii) of paragraph (c) of subdivision 2 of section
458-b of the real property tax law, as amended by  chapter  235  of  the
laws of 2009 and as further amended by section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
shall be granted for a period of ten years. The commencement of such ten
year period shall be governed pursuant to  this  subparagraph.  Where  a
qualified  owner owns qualifying residential real property on the effec-
tive date of the local law providing for such exemption, such  ten  year
period  shall  be measured from the assessment roll prepared pursuant to
the first taxable status date occurring on or after the  effective  date
of  the  local law providing for such exemption. Where a qualified owner

S. 3523--A                          3                         A. 4403--A

does not own qualifying residential real property on the effective  date
of  the  local  law  providing  for such exemption, such ten year period
shall be measured from the assessment  roll  prepared  pursuant  to  the
first  taxable  status date occurring at least sixty days after the date
of purchase of qualifying residential real property; provided,  however,
that  should  the  veteran  apply for and be granted an exemption on the
assessment roll prepared pursuant to a  taxable  status  date  occurring
within sixty days after the date of purchase of residential real proper-
ty,  such  ten  year  period shall be measured from the first assessment
roll in which the exemption occurs. If, before the  expiration  of  such
ten  year  period,  such exempt property is sold and replaced with other
residential real property, such exemption may  be  granted  pursuant  to
this  subdivision  for  the  unexpired portion of the ten year exemption
period. Each county, city, town or village may  adopt  a  local  law  to
reduce the maximum exemption allowable in paragraphs (a) and (b) of this
subdivision  to  six  thousand dollars, nine thousand dollars and thirty
thousand dollars, respectively, or four thousand dollars,  six  thousand
dollars  and  twenty  thousand dollars, respectively. Each county, city,
town, or village is also authorized to adopt a local law to increase the
maximum exemption allowable in paragraphs (a) and (b) of  this  subdivi-
sion  to  ten thousand dollars, fifteen thousand dollars and fifty thou-
sand dollars, respectively; twelve thousand dollars,  eighteen  thousand
dollars  and  sixty  thousand  dollars,  respectively; fourteen thousand
dollars, twenty-one  thousand  dollars  and  seventy  thousand  dollars,
respectively; sixteen thousand dollars, twenty-four thousand dollars and
eighty  thousand dollars, respectively; eighteen thousand dollars, twen-
ty-seven thousand dollars and  ninety  thousand  dollars,  respectively;
twenty  thousand  dollars, thirty thousand dollars and one hundred thou-
sand dollars, respectively; twenty-two  thousand  dollars,  thirty-three
thousand  dollars  and  one  hundred ten thousand dollars, respectively;
twenty-four  thousand  dollars,  thirty-six  thousand  dollars  and  one
hundred  twenty  thousand  dollars,  respectively;  THIRTY-NINE THOUSAND
DOLLARS, TWENTY-SIX THOUSAND DOLLARS, AND ONE  HUNDRED  THIRTY  THOUSAND
DOLLARS, RESPECTIVELY; FORTY-TWO THOUSAND DOLLARS, TWENTY-EIGHT THOUSAND
DOLLARS,  AND  ONE  HUNDRED  FORTY  THOUSAND  DOLLARS, RESPECTIVELY; AND
FORTY-FIVE THOUSAND DOLLARS, THIRTY THOUSAND  DOLLARS  AND  ONE  HUNDRED
FIFTY  THOUSAND DOLLARS, RESPECTIVELY. In addition, a county, city, town
or village which is a "high-appreciation  municipality"  as  defined  in
this  subparagraph  is  authorized  to adopt a local law to increase the
maximum exemption allowable in paragraphs (a) and (b) of  this  subdivi-
sion  to  twenty-six  thousand dollars, thirty-nine thousand dollars and
one hundred thirty thousand dollars, respectively; twenty-eight thousand
dollars, forty-two thousand  dollars  and  one  hundred  forty  thousand
dollars,  respectively;  thirty  thousand  dollars,  forty-five thousand
dollars and one hundred fifty thousand dollars, respectively; thirty-two
thousand dollars, forty-eight thousand dollars  and  one  hundred  sixty
thousand  dollars, respectively; thirty-four thousand dollars, fifty-one
thousand dollars and one hundred seventy thousand dollars, respectively;
thirty-six thousand dollars, fifty-four thousand dollars and one hundred
eighty thousand dollars,  respectively;  FIFTY-SEVEN  THOUSAND  DOLLARS,
THIRTY-EIGHT  THOUSAND  DOLLARS AND ONE HUNDRED NINETY THOUSAND DOLLARS,
RESPECTIVELY; SIXTY THOUSAND DOLLARS, FORTY  THOUSAND  DOLLARS  AND  TWO
HUNDRED  THOUSAND  DOLLARS,  RESPECTIVELY; SIXTY-THREE THOUSAND DOLLARS,
FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED TEN THOUSAND DOLLARS, RESPEC-
TIVELY; SIXTY-SIX THOUSAND DOLLARS, FORTY-FOUR THOUSAND DOLLARS AND  TWO
HUNDRED  TWENTY  THOUSAND  DOLLARS,  RESPECTIVELY;  SIXTY-NINE  THOUSAND

S. 3523--A                          4                         A. 4403--A

DOLLARS, FORTY-SIX THOUSAND DOLLARS  AND  TWO  HUNDRED  THIRTY  THOUSAND
DOLLARS,  RESPECTIVELY;  SEVENTY-TWO THOUSAND DOLLARS, FORTY-EIGHT THOU-
SAND DOLLARS AND  TWO  HUNDRED  FORTY  THOUSAND  DOLLARS,  RESPECTIVELY;
SEVENTY-FIVE  THOUSAND  DOLLARS,  FIFTY THOUSAND DOLLARS AND TWO HUNDRED
FIFTY THOUSAND DOLLARS, RESPECTIVELY.   For purposes  of  this  subpara-
graph, a "high-appreciation municipality" means: (A) a special assessing
unit  that is a city, (B) a county for which the commissioner has estab-
lished a sales price  differential  factor  for  purposes  of  the  STAR
exemption  authorized  by section four hundred twenty-five of this title
in three consecutive years, and (C) a city, town  or  village  which  is
wholly or partly located within such a county.
  S  3.  This  act  shall  take  effect  January  2, 2015; provided that
sections one and two of this act shall apply to assessment  rolls  based
on taxable status dates occurring on or after such date.

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