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Senate Bill S7571

2009-2010 Legislative Session

Creates a 10% real property tax exemption for the primary residence of a person serving on active military duty in a combat zone

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2009-S7571 (ACTIVE) - Details

Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Real Property Tax Law
Laws Affected:
Add ยง458-c, RPT L

2009-S7571 (ACTIVE) - Summary

Creates a ten percent real property tax exemption for the primary residence of a person serving on active military duty in a combat zone.

2009-S7571 (ACTIVE) - Sponsor Memo

2009-S7571 (ACTIVE) - Bill Text download pdf 

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

                                  7571

                            I N  S E N A T E

                             April 22, 2010
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the real property tax law, in relation to granting a tax
  exemption to persons serving in active military service of the  United
  States in a combat zone

  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.  ACTIVE  DUTY  SERVICE IN A COMBAT ZONE. 1. RESIDENTIAL REAL
PROPERTY OWNED BY A PERSON WHO AT ANY TIME DURING A TAXABLE YEAR  SERVES
IN  ACTIVE  MILITARY SERVICE OF THE UNITED STATES, AS DEFINED IN SECTION
ONE OF THE MILITARY LAW, IN A DEPARTMENT OF  DEFENSE  DETERMINED  COMBAT
ZONE.
  2. AFTER A PUBLIC HEARING, A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A
LOCAL  LAW TO PROVIDE THAT QUALIFYING REAL PROPERTY SHALL BE EXEMPT FROM
TAXATION ON AN AMOUNT EQUAL TO TEN PERCENT OF THE ASSESSED VALUE OF SUCH
RESIDENTIAL REAL PROPERTY.
  3.  (A) THE AUTHORITY GRANTED IN SUBDIVISION TWO OF THIS SECTION SHALL
NOT BE CONSTRUED TO PERMIT A COUNTY, CITY, TOWN  OR  VILLAGE  TO  EXEMPT
QUALIFYING REAL PROPERTY FROM TAXES LEVIED FOR SCHOOL DISTRICT PURPOSES.
  (B)  THE  PROVISIONS  OF  THIS SECTION SHALL ONLY APPLY TO RESIDENTIAL
REAL PROPERTY WHICH IS THE PRIMARY RESIDENCE OF THE APPLICANT,  PROVIDED
THAT,  IN THE EVENT ANY PORTION OF SUCH REAL PROPERTY IS NOT USED EXCLU-
SIVELY FOR THE APPLICANT'S OR HIS OR  HER  SPOUSE'S  PRIMARY  RESIDENCE,
SUCH  PORTION  SHALL  NOT  BE  SUBJECT  TO THE EXEMPTION GRANTED BY THIS
SECTION.
  4. AN EXEMPTION SHALL BE GRANTED PURSUANT TO THIS  SECTION  ONLY  UPON
APPLICATION  BY THE OWNER OF THE PROPERTY ON A FORM AND IN SUCH A MANNER
AS SHALL BE PRESCRIBED BY THE STATE BOARD.
  S 2. This act shall take effect immediately and shall  apply  to  real
property having a taxable status date on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17023-01-0

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