S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9867
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
   tee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to providing real
   property tax relief to certain veterans
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   The real property tax law is  amended  by  adding  a  new
 section 458-d to read as follows:
   §  458-D.  RESERVISTS;  LOCAL PROPERTY TAX CREDIT.  1. A COUNTY, CITY,
 TOWN OR VILLAGE IN THIS STATE MAY ADOPT A LOCAL LAW TO PROVIDE  QUALIFY-
 ING  RESIDENTIAL  REAL PROPERTY A REAL PROPERTY TAX CREDIT OF UP TO FOUR
 HUNDRED DOLLARS FOR THE PURPOSE OF RECOGNIZING THE SERVICE OF  RESIDENTS
 OF  THIS  STATE  WHO  HAVE SERVED IN THE MILITARY RESERVES OF THE UNITED
 STATES OR OF THE ORGANIZED MILITIA OF THE STATE OF NEW YORK. WHERE QUAL-
 IFYING RESIDENTIAL REAL PROPERTY IS OWNED BY  MORE  THAN  ONE  QUALIFIED
 OWNER, THE REAL PROPERTY TAX CREDIT TO WHICH EACH SUCH OWNER IS ENTITLED
 UNDER  THIS  SECTION MAY BE COMBINED. WHERE A RESERVIST IS ALSO THE NON-
 REMARRIED SURVIVING SPOUSE OF ANOTHER RESERVIST, SUCH  SURVIVING  SPOUSE
 MAY  RECEIVE  ANY  REAL  PROPERTY TAX CREDIT UNDER THIS SECTION TO WHICH
 SUCH SURVIVING SPOUSE'S DECEASED SPOUSE WAS ENTITLED, IN ADDITION TO THE
 REAL PROPERTY TAX CREDIT SUCH SURVIVING SPOUSE  IS  THEMSELVES  ENTITLED
 UNDER THIS SECTION.
   2. AN ASSESSOR SHALL APPLY THE REAL PROPERTY TAX CREDIT UNDER SUBDIVI-
 SION ONE OF THIS SECTION, AS AUTHORIZED BY A MUNICIPALITY, TO A QUALIFY-
 ING OWNER'S VILLAGE, TOWN, COUNTY AND SPECIAL DISTRICT TAXES.
   3.  THE  REAL  PROPERTY  TAX  CREDIT  UNDER THIS SECTION SHALL ONLY BE
 APPLIED TO COUNTY, CITY, TOWN, VILLAGE AND SPECIAL DISTRICT TAXES.
   4. IF A QUALIFIED  OWNER  IS  ALREADY  RECEIVING  AN  EXEMPTION  UNDER
 SECTION  FOUR  HUNDRED  FIFTY-EIGHT, FOUR HUNDRED FIFTY-EIGHT-A, OR FOUR
 HUNDRED FIFTY-EIGHT-B OF THIS TITLE, SUCH QUALIFYING OWNER SHALL NOT  BE
 ELIGIBLE FOR THE REAL PROPERTY TAX CREDIT UNDER THIS SECTION.
   5.  THE  COMMISSIONER  OF THE DEPARTMENT OF TAXATION AND FINANCE SHALL
 DEVELOP A UNIFORM APPLICATION FOR USE BY LOCAL ASSESSORS  FOR  THE  REAL
 PROPERTY  TAX  CREDIT  UNDER THIS SECTION, AND SHALL PUBLISH ANY RELATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13985-01-1
 A. 9867                             2
 
 MATERIALS TO SUPPORT THE USE OF SUCH REAL PROPERTY  TAX  CREDIT  ON  ITS
 PUBLIC WEBSITE.
   6.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "RESERVIST" MEANS ANY PERSON WHO IS OR HAS BEEN A  MEMBER  OF  THE
 ARMED  FORCES  OF  THE  UNITED  STATES WHO SERVED IN THE ARMY, NAVY, AIR
 FORCE, MARINE CORPS, COAST GUARD OR ANY RESERVE FORCE OR RESERVE  COMPO-
 NENT OF THE ARMED FORCES OF THE UNITED STATES, OR OF THE ORGANIZED MILI-
 TIA  OF  THE  STATE  OF  NEW YORK, PROVIDED THAT SUCH PERSON IS EITHER A
 MEMBER IN GOOD STANDING, OR HAS RECEIVED A DISCHARGE UNDER HONORABLE  OR
 GENERAL CONDITIONS, AFTER NO LESS THAN TEN YEARS OF SERVICE.
   (B) "QUALIFIED OWNER" MEANS A RESERVIST, THE SPOUSE OF A RESERVIST, OR
 THE NON-REMARRIED SURVIVING SPOUSE OF A RESERVIST.
   (C)  "QUALIFIED  RESIDENTIAL  REAL PROPERTY" MEANS PROPERTY OWNED BY A
 QUALIFIED OWNER WHICH IS  USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;
 PROVIDED, HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
 USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES  BUT  IS  USED  FOR  OTHER
 PURPOSES, SUCH PORTION SHALL BE SUBJECT TO TAXATION  AND  THE  REMAINING
 PORTION  SHALL  BE  ELIGIBLE FOR THE REAL PROPERTY TAX CREDIT UNDER THIS
 SECTION TO BE APPLIED. SUCH PROPERTY SHALL BE THE PRIMARY  RESIDENCE  OF
 THE  RESERVIST  OR  NON-REMARRIED  SURVIVING  SPOUSE  OF SUCH RESERVIST,
 UNLESS THE RESERVIST OR NON-REMARRIED SURVIVING SPOUSE OF SUCH RESERVIST
 IS ABSENT FROM SUCH PROPERTY DUE TO MEDICAL REASONS OR INSTITUTIONALIZA-
 TION. IN THE EVENT THE RESERVIST DIES  AND  THERE  IS  NO  NON-REMARRIED
 SURVIVING  SPOUSE, "QUALIFYING RESIDENTIAL REAL PROPERTY" SHALL MEAN THE
 PRIMARY RESIDENCE OWNED BY A QUALIFIED OWNER PRIOR  TO  DEATH,  PROVIDED
 THAT  THE  TITLE TO SUCH PROPERTY BECOMES VESTED IN THE DEPENDENT FATHER
 OR MOTHER OR DEPENDENT CHILD OR CHILDREN UNDER TWENTY-ONE YEARS  OF  AGE
 OF  SUCH  RESERVIST  BY VIRTUE OF DEVISE BY OR DESCENT FROM THE DECEASED
 QUALIFIED OWNER, PROVIDED THAT SUCH PROPERTY IS THE PRIMARY RESIDENCE OF
 ONE OR ALL OF SUCH DEVISEES.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on and after the first of January  next  succeeding  the
 date on which it shall have become a law.