S T A T E   O F   N E W   Y O R K
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                                  9245

                          I N  A S S E M B L Y

                            February 9, 2012
                               ___________

Introduced  by M. of A. WALTER, MONTESANO, CASTELLI, GRAF, TENNEY, FINCH
  -- Multi-Sponsored by -- M. of A. BARCLAY, RA, SALADINO --  read  once
  and referred to the Committee on Aging

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

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

                                                           LBD08727-01-1

A. 9245                             2

SIXTY DAYS BEFORE THE APPROPRIATE TAXABLE STATUS DATE. EACH SUCH  NOTICE
SHALL  BE  MAILED  WITHOUT RESTRICTIONS UPON FORWARDING OR DELIVERY, AND
SHALL CONTAIN, IN LANGUAGE PRESCRIBED BY THE COMMISSIONER:
  (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 DEPARTMENT 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 DEPARTMENT 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 COMMISSIONER 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.