S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sens. MARTINS, MAZIARZ -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military Affairs
AN ACT to amend the real property tax law, in relation to the real prop-
erty exemption for certain portions of property owned by veterans'
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 452 of the real property tax law
is amended to read as follows:
2. (A) Such real property shall be so exempt although it or a portion
thereof is used by another corporation or association whose real proper-
ty would be entitled to an exemption pursuant to any section in titles
one or two of this article except sections four hundred eight, four
hundred forty, four hundred sixty-six or four hundred seventy-eight, if
such corporation or association itself owned such real property, as long
as any moneys paid to the owning corporation, association or post by the
using corporation or association do not exceed the amount of carrying,
maintenance and depreciation charges of the property or portion thereof,
as the case may be.
(B) If a portion of such real property is actually and exclusively
used by any person whose real property would not be so entitled to an
exemption, such portion shall be subject to taxation, special ad valorem
levies and special assessments and the remaining portion only shall be
exempt as provided herein SUBJECT TO THE PROVISIONS OF PARAGRAPH (C) OF
(C) THE PORTION OF REAL PROPERTY WHICH WOULD OTHERWISE BE SUBJECT TO
TAXATION, SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS UNDER PARA-
GRAPH (B) OF THIS SUBDIVISION SHALL BE EXEMPT THEREFROM FOR PURPOSES OF
ANY MUNICIPAL CORPORATION IN WHICH SUCH PROPERTY IS LOCATED ONLY IF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 936 2
GOVERNING BODY OF SUCH MUNICIPAL CORPORATION, AFTER A PUBLIC HEARING,
ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION SO PROVIDING.
S 2. This act shall take effect on the second of January, next
succeeding the date on which it shall have become a law and shall apply
to assessment rolls prepared on the basis of taxable status dates occur-
ring on and after such date.