BILL NUMBER:A10360
TITLE OF BILL: An act to amend the real property tax law, in relation
to eligibility of property owned jointly by senior citizens and non-sen-
ior citizens for the enhanced STAR exemption
PURPOSE OR GENERAL IDEA OF BILL: To provide property taxpayers who are
over 55 years of age, and otherwise eligible for the enhanced STAR
exemption, who share ownership of real property with a person or persons
who are less than 65 years of age, and ineligible for an enhanced STAR
exemption, with an enhanced exemption based upon the percentage of the
real property owned by the senior citizen.
SUMMARY OF SPECIFIC PROVISIONS: Amends Paragraph (a) of subdivision 4 of
section 425 of the real property tax law, as added by section 2 of part
E of chapter 83 of the laws of 2002 which reaffirms existing law by
stating that in the case of married couples, only one spouse must be 65
years of age or older and otherwise eligible for a STAR exemption for
the exemption to be provided, and a subparagraph (ii) which states that
an owner or owners of the property who are 65 years of age or older, and
otherwise eligible for the enhanced STAR exemption, who co-own their
property with a person or persons who are less than 65 years of age, who
are not married, are eligible to receive an enhanced STAR exemption on
that part of the property which is owned by the person or persons who
are 65 years of age, and otherwise eligible for the enhanced STAR
exemption.
S T A T E O F N E W Y O R K
________________________________________________________________________
10360
I N A S S E M B L Y
March 19, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CONTE,
McKEVITT, MOLINARO, SAYWARD, THIELE -- read once and referred to the
Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to eligibility of
property owned jointly by senior citizens and non-senior citizens for
the enhanced STAR exemption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 4 of
section 425 of the real property tax law, as amended by section 2 of
part E of chapter 83 of the laws of 2002, is amended to read as follows:
(i) [All] AT LEAST ONE of the owners must be at least sixty-five years
of age or older as of the date specified [herein, or in the case of
property owned by husband and wife or by siblings, one of the owners
must be at least sixty-five years of age as of that date and the proper-
ty must serve as the primary residence of that owner] IN THIS SUBPARA-
GRAPH PROVIDED HOWEVER, THAT NOTWITHSTANDING ANY INCONSISTENT PROVISION
OF THIS SECTION, THE EXEMPTION PROVIDED FOR IN THIS SECTION SHALL BE
PROPORTIONED BETWEEN OR AMONG OWNERS WHO ARE AT LEAST SIXTY-FIVE YEARS
OF AGE AND OWNERS WHO ARE LESS THAN SIXTY-FIVE YEARS OF AGE IN THE SAME
PROPORTION AS THE OWNERSHIP IN THE PROPERTY IS PROPORTIONED. For the
two thousand--two thousand one school year, eligibility for the
exemption shall be based upon age as of December thirty-first, two thou-
sand. For each subsequent school year, the applicable date shall be
advanced by one year.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15856-01-0
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