Assembly Bill A10757

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

                                  10757

                          I N  A S S E M B L Y

                             April 20, 2010
                               ___________

Introduced  by  M. of A. DINOWITZ, CASTELLI -- read once and referred to
  the Committee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to  capping  real
  property assessments for persons seventy years of age or more

  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 467-g to read as follows:
  S  467-G.  EXEMPTION FOR HOMEOWNERS SEVENTY YEARS OF AGE AND OLDER. 1.
REAL PROPERTY OWNED IN WHOLE OR IN PART BY A PERSON SEVENTY YEARS OF AGE
OR OLDER MAY, UPON APPLICATION THEREFOR, HAVE THE ASSESSMENT  CAPPED  AT
THE  FIGURE  USED  IN  THE  YEAR PRIOR TO THE YEAR IN WHICH THIS SECTION
TAKES EFFECT OR IN THE YEAR PRIOR TO THE YEAR IN  WHICH  SUCH  OWNERSHIP
INTEREST IS ACQUIRED, WHICHEVER YEAR IS LATER IN TIME. APPLICATION SHALL
BE  MADE  TO THE APPROPRIATE LOCAL ASSESSOR'S OFFICE UPON FORMS PROVIDED
BY SUCH ASSESSOR. AS USED IN THIS SECTION, THE PHRASE "IN  WHOLE  OR  IN
PART"  SHALL BE LIMITED TO AT LEAST AN UNDIVIDED FIFTY PERCENT INTEREST.
THE PROVISIONS OF THIS SECTION ARE LIMITED TO PERSONS SEVENTY  YEARS  OF
AGE  OR  OLDER  WITH AN ANNUAL INCOME OF ONE HUNDRED THOUSAND DOLLARS OR
LESS.  THIS SECTION SHALL ONLY APPLY IF  THE  INDIVIDUAL  OR  BODY  THAT
SELECTS THE ASSESSOR SHALL ADOPT ITS APPLICATION.
  2.  A.  IF THIS EXEMPTION IS ADOPTED, THE LOCAL ASSESSOR SHALL NOTIFY,
OR CAUSE TO BE NOTIFIED, EACH PERSON OWNING RESIDENTIAL REAL PROPERTY IN
THE JURISDICTION OF THE PROVISIONS OF THIS SECTION.   THE PROVISIONS  OF
THIS SUBDIVISION MAY BE MET BY A NOTICE SENT TO SUCH PERSONS IN SUBSTAN-
TIALLY  THE FOLLOWING FORM: "RESIDENTIAL REAL PROPERTY MAY QUALIFY FOR A
PARTIAL EXEMPTION FROM TAXES.   TO RECEIVE  SUCH  EXEMPTION,  QUALIFYING
OWNERS  MUST  FILE AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE
THE APPLICABLE TAXABLE STATUS DATE.   FOR  FURTHER  INFORMATION,  PLEASE
CONTACT YOUR LOCAL ASSESSOR."
  B.  IN  THE  CASE  OF A PARCEL WHICH WAS GRANTED THIS EXEMPTION ON THE
PRECEDING ASSESSMENT ROLL, THE ASSESSOR SHALL CAUSE A NOTICE, PREFERABLY
ON A POSTCARD, TO BE MAILED TO THE OWNER OR OWNERS  ANNUALLY,  AT  LEAST
SIXTY  DAYS BEFORE THE APPROPRIATE TAXABLE STATUS DATE. EACH SUCH NOTICE

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

                                                           LBD16931-01-0

A. 10757                            2

SHALL BE MAILED WITHOUT RESTRICTIONS UPON FORWARDING  OR  DELIVERY,  AND
SHALL CONTAIN, IN LANGUAGE PRESCRIBED BY THE STATE BOARD:
  (I) THE INCOME STANDARD FOR THE APPLICABLE INCOME TAX YEAR;
  (II)  A  STATEMENT  TO  THE EFFECT THAT RECIPIENTS ARE NOT REQUIRED TO
SUBMIT INCOME TAX RETURNS OR OTHER INCOME DOCUMENTATION TO THE  ASSESSOR
EACH  YEAR,  AS  LONG AS THE STATE DEPARTMENT OF TAXATION AND FINANCE IS
ABLE TO VERIFY THEIR INCOME ELIGIBILITY;
  (III) A STATEMENT  TO  THE  EFFECT  THAT  TO  CONTINUE  RECEIVING  THE
EXEMPTION,  THEY  MUST  CONTINUE TO SATISFY THE APPLICABLE RESIDENCY AND
OWNERSHIP REQUIREMENTS, FOLLOWED BY A SUMMARY OF THOSE REQUIREMENTS;
  (IV) A STATEMENT TO THE EFFECT THAT THEY ARE REQUESTED TO  NOTIFY  THE
ASSESSOR  BY  TAXABLE  STATUS  DATE  IF  THE PROPERTY IS NO LONGER THEIR
PRIMARY RESIDENCE, OR IF THERE HAS BEEN ANY CHANGE IN THE  OWNERSHIP  OF
THE PROPERTY; AND
  (V)  A  STATEMENT  TO  THE  EFFECT THAT IF THERE HAS BEEN NO CHANGE IN
THEIR PRIMARY RESIDENCE OR IN THE OWNERSHIP OF THE  PROPERTY,  AND  THEY
EXPECT THE STATE DEPARTMENT OF TAXATION AND FINANCE TO BE ABLE TO VERIFY
THEIR INCOME ELIGIBILITY FOR THE APPLICABLE INCOME TAX YEAR, THERE IS NO
REASON FOR THEM TO CONTACT THE ASSESSOR AT THIS TIME.
  C.  A  SENIOR  CITIZEN  ELIGIBLE  FOR THE EXEMPTION MAY REQUEST THAT A
NOTICE BE SENT TO AN ADULT THIRD PARTY. SUCH REQUEST SHALL BE MADE ON  A
FORM  PRESCRIBED BY THE STATE BOARD AND SHALL BE SUBMITTED TO THE ASSES-
SOR OF THE ASSESSING UNIT IN WHICH  THE  ELIGIBLE  TAXPAYER  RESIDES  NO
LATER  THAN  SIXTY DAYS BEFORE THE FIRST TAXABLE STATUS DATE TO WHICH IT
IS TO APPLY.  SUCH FORM SHALL PROVIDE A SECTION WHEREBY  THE  DESIGNATED
THIRD  PARTY  SHALL  CONSENT  TO SUCH DESIGNATION. SUCH REQUEST SHALL BE
EFFECTIVE UPON RECEIPT BY THE ASSESSOR. THE ASSESSOR  SHALL  MAINTAIN  A
LIST OF ALL ELIGIBLE PROPERTY OWNERS WHO HAVE REQUESTED NOTICES PURSUANT
TO THIS PARAGRAPH.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.