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Assembly Bill A4451

2009-2010 Legislative Session

Authorizes a real property tax exemption for active duty reservists

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A4451 - Details

Current Committee:
Assembly Real Property Taxation

2009-A4451 - Summary

Authorizes a real property tax exemption for active duty reservists upon adoption of a local law, ordinance or resolution providing therefor; requires property of such active duty reservist to be his or her primary residence and such active duty reservist must have retained his or her active duty status for at least 90 consecutive days to claim such tax exemption; defines "eligible reservist".

2009-A4451 - Bill Text download pdf 

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

                                  4451

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. TOWNS, ALFANO, KOLB -- Multi-Sponsored by -- M.
  of A. BURLING, COOK, WEISENBERG --  read  once  and  referred  to  the
  Committee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to tax exemptions
  for eligible reservists

  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-c to read as follows:
  S  458-C.  EXEMPTION  FOR  CERTAIN RESERVISTS. 1. FOR PURPOSES OF THIS
SECTION, "ELIGIBLE RESERVIST" MEANS A MEMBER OF A RESERVE  COMPONENT  OF
THE  ARMED  FORCES  OF  THE  UNITED STATES ORDERED TO ACTIVE DUTY BY THE
PRESIDENT OF THE UNITED STATES.
  2. REAL PROPERTY OWNED BY AN ELIGIBLE RESERVIST  OR  SUCH  RESERVIST'S
SPOUSE SHALL BE EXEMPT FROM TAXATION OF SUCH PROPERTY FOR CITY, VILLAGE,
TOWN,  PART  TOWN,  SPECIAL  DISTRICT  OR  COUNTY PURPOSES, EXCLUSIVE OF
SPECIAL ASSESSMENTS,  PROVIDED  THAT  THE  GOVERNING  BODY  OF  A  CITY,
VILLAGE,  TOWN  OR  COUNTY,  AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW,
ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  3. SUCH EXEMPTION SHALL NOT BE GRANTED TO AN ELIGIBLE RESERVIST RESID-
ING IN SUCH COUNTY UNLESS:
  (A) THE PROPERTY IS THE PRIMARY RESIDENCE OF THE APPLICANT;
  (B)  THE  PROPERTY  IS  USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;
PROVIDED, HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
USED  EXCLUSIVELY  FOR  THE  APPLICANT'S RESIDENCE BUT IS USED FOR OTHER
PURPOSES, SUCH PORTION SHALL BE SUBJECT TO TAXATION  AND  THE  REMAINING
PORTION  ONLY  SHALL  BE  ENTITLED  TO  THE  EXEMPTION  PROVIDED BY THIS
SECTION; AND
  (C) THE ELIGIBLE RESERVIST RETAINED HIS OR HER ACTIVE DUTY STATUS  FOR
AT LEAST NINETY CONSECUTIVE DAYS WITHIN THE IMMEDIATELY PRECEDING CALEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01929-01-9

2009-A4451A (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation

2009-A4451A (ACTIVE) - Summary

Authorizes a real property tax exemption for active duty reservists upon adoption of a local law, ordinance or resolution providing therefor; requires property of such active duty reservist to be his or her primary residence and such active duty reservist must have retained his or her active duty status for at least 90 consecutive days to claim such tax exemption; defines "eligible reservist".

2009-A4451A (ACTIVE) - Bill Text download pdf 

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

                                 4451--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. TOWNS, ALFANO, KOLB, GORDON -- Multi-Sponsored by
  --  M.  of  A.    BURLING,  COOK,  ERRIGO, WEISENBERG -- read once and
  referred to the Committee  on  Real  Property  Taxation  --  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 tax exemptions
  for eligible reservists

  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-c to read as follows:
  S  458-C.  EXEMPTION  FOR  CERTAIN RESERVISTS. 1. FOR PURPOSES OF THIS
SECTION, "ELIGIBLE RESERVIST" MEANS A MEMBER OF A RESERVE  COMPONENT  OF
THE  ARMED  FORCES  OF  THE  UNITED STATES ORDERED TO ACTIVE DUTY BY THE
PRESIDENT OF THE UNITED STATES.
  2. REAL PROPERTY OWNED BY AN ELIGIBLE RESERVIST  OR  SUCH  RESERVIST'S
SPOUSE SHALL BE EXEMPT FROM TAXATION OF SUCH PROPERTY FOR CITY, VILLAGE,
TOWN,  PART  TOWN,  SPECIAL  DISTRICT  OR  COUNTY PURPOSES, EXCLUSIVE OF
SPECIAL ASSESSMENTS,  PROVIDED  THAT  THE  GOVERNING  BODY  OF  A  CITY,
VILLAGE,  TOWN  OR  COUNTY,  AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW,
ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  3. SUCH EXEMPTION SHALL NOT BE GRANTED TO AN ELIGIBLE RESERVIST RESID-
ING IN SUCH COUNTY UNLESS:
  (A) THE PROPERTY IS THE PRIMARY RESIDENCE OF THE APPLICANT;
  (B)  THE  PROPERTY  IS  USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;
PROVIDED, HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
USED  EXCLUSIVELY  FOR  THE  APPLICANT'S RESIDENCE BUT IS USED FOR OTHER
PURPOSES, SUCH PORTION SHALL BE SUBJECT TO TAXATION  AND  THE  REMAINING
PORTION  ONLY  SHALL  BE  ENTITLED  TO  THE  EXEMPTION  PROVIDED BY THIS
SECTION; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01929-03-9

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