S T A T E O F N E W Y O R K
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4373
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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Introduced by M. of A. HYER-SPENCER, TITONE, COOK, TOWNSEND -- Multi-
Sponsored by -- M. of A. CUSICK, GORDON -- read once and referred to
the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to establishing a
real property tax exemption for homeowners of homes fifty or more
years old in the county of Richmond
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 453 to read as follows:
S 453. EXEMPTION FOR HOMEOWNERS OF HOMES FIFTY OR MORE YEARS OLD. 1.
FOR PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE PROPERTY" SHALL MEAN
PRIMARY SINGLE-FAMILY RESIDENTIAL REAL PROPERTY FIFTY OR MORE YEARS OLD
AND LOCATED IN THE COUNTY OF RICHMOND.
2. ELIGIBLE PROPERTY SHALL BE EXEMPT FROM TAXATION LEVIED BY THE COUN-
TY OF RICHMOND. SUCH EXEMPTION SHALL BE COMPUTED IN ACCORDANCE WITH THE
FOLLOWING TABLE:
YEARS OF OWNERSHIP PERCENTAGE ASSESSED
VALUATION EXEMPT FROM TAX
1 THROUGH 5 10
6 THROUGH 10 15
11 THROUGH 20 20
3. ANY ELIGIBLE PROPERTY SHALL BE ELIGIBLE FOR THE EXEMPTION ALLOWED
PURSUANT TO THIS SECTION.
4. NO PORTION OF ELIGIBLE PROPERTY SHALL BE LEASED DURING THE PERIOD
OF TIME WHEN SUCH EXEMPTION SHALL APPLY TO THE PROPERTY. IF ANY PORTION
OF SUCH ELIGIBLE PROPERTY IS DETERMINED TO BE THE SUBJECT OF A LEASE
AGREEMENT, THE ASSESSOR SHALL DISCONTINUE ANY EXEMPTION GRANTED PURSUANT
TO THIS SECTION.
5. IN THE EVENT THAT AN ELIGIBLE PROPERTY GRANTED AN EXEMPTION PURSU-
ANT TO THIS SECTION CEASES TO BE USED PRIMARILY FOR SINGLE-FAMILY RESI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07506-01-9
A. 4373 2
DENTIAL PURPOSES OR TITLE THERETO IS TRANSFERRED TO OTHER THAN THE HEIRS
OR DISTRIBUTEES OF THE OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHALL BE DISCONTINUED.
6. UPON DETERMINING THAT AN EXEMPTION GRANTED PURSUANT TO THIS SECTION
SHOULD BE DISCONTINUED, THE ASSESSOR SHALL MAIL A NOTICE SO STATING TO
THE OWNER OR OWNERS THEREOF AT THE TIME AND IN THE MANNER PROVIDED BY
SECTION FIVE HUNDRED TEN OF THIS CHAPTER. SUCH OWNER OR OWNERS SHALL BE
ENTITLED TO SEEK ADMINISTRATIVE AND JUDICIAL REVIEW OF SUCH ACTION IN
THE MANNER PROVIDED BY LAW, PROVIDED THAT THE BURDEN SHALL BE ON SUCH
OWNER OR OWNERS TO ESTABLISH ELIGIBILITY FOR THE EXEMPTION.
7. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OF SUCH PROPERTY ON A FORM PRESCRIBED BY THE STATE BOARD. THE APPLICA-
TION SHALL BE FILED WITH THE ASSESSOR OF THE COUNTY OF RICHMOND ON OR
BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH COUNTY.
8. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
ELIGIBLE PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL
AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH THE
ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE
REFERRED TO IN SUBDIVISION SEVEN OF THIS SECTION. THE ASSESSED VALUE OF
ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE
ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
9. A. ANY PERSON WHO OWNS REAL PROPERTY ELIGIBLE FOR THE EXEMPTION SET
FORTH IN THIS SECTION AND HAS RECEIVED SUCH EXEMPTION PURSUANT TO THIS
SECTION SHALL BE REQUIRED TO REPAY TO THE COUNTY OF RICHMOND, THE ACCU-
MULATED AMOUNT OF EACH SUCH EXEMPTION RECEIVED BY SUCH PERSON, FOR EACH
YEAR SUCH EXEMPTION WAS GRANTED, IF:
I. SUCH PERSON HAS OWNED SUCH PROPERTY FOR LESS THAN TEN YEARS; AND
II. SUCH PERSON HAS DEMOLISHED SUCH PROPERTY. FOR PURPOSES OF THIS
SUBDIVISION, THE TERM "DEMOLISHED" SHALL MEAN THE DESTRUCTION, DISMANTL-
ING OR LEVELING OF PROPERTY FOR THE PURPOSE OF BUILDING TWO OR MORE NEW
HOMES ON SUCH PROPERTY.
B. ANY EXEMPT REAL PROPERTY TAXES REPAID TO THE COUNTY OF RICHMOND
PURSUANT TO THIS SUBDIVISION SHALL BE REPAID WITH INTEREST CALCULATED AT
A RATE OF THREE PERCENT FROM THE DATE THE REAL PROPERTY TAXES, LESS THE
EXEMPTION AMOUNT, WERE PAID.
S 2. This act shall take effect immediately and:
1. shall apply to assessment rolls prepared on the basis of taxable
status dates occurring on or after such date; and
2. shall apply to purchases of eligible property occurring on or after
such date.