senate Bill S3198

2011-2012 Legislative Session

Provides for a real property tax cap for persons over 70 years of age

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to aging
Feb 11, 2011 referred to aging

Co-Sponsors

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S3198 - Details

Law Section:
Real Property Tax Law
Laws Affected:
Add ยง467-g, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S2778

S3198 - Summary

Provides for a real property tax cap for persons over 70 years of age; provides for notice to eligible property owners, application process, adult third party notice option, and conviction for willful false statements shall result in a fine of not more than one hundred dollars and disqualification from the tax cap.

S3198 - Sponsor Memo

S3198 - Bill Text download pdf

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

                                  3198

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sens.  RANZENHOFER, FUSCHILLO, LARKIN, O'MARA, SALAND --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Aging

AN ACT to amend the real property tax law, in relation to a real proper-
  ty tax cap for persons over seventy years of age

  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. REAL PROPERTY TAX CAP FOR CERTAIN PERSONS OVER SEVENTY YEARS
OF AGE. 1. REAL PROPERTY OWNED BY ONE OR MORE PERSONS, EACH OF  WHOM  IS
SEVENTY  YEARS  OF  AGE  OR  OVER, OR REAL PROPERTY OWNED BY HUSBAND AND
WIFE, ONE OF WHOM IS SEVENTY YEARS OF AGE OR OVER, MAY BE SUBJECT  TO  A
REAL  PROPERTY  TAX  CAP  PROVIDED  THE GOVERNING BOARD OF ANY MUNICIPAL
CORPORATION IN WHICH THE REAL PROPERTY IS LOCATED, AFTER PUBLIC HEARING,
ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THAT REAL PROPERTY
TAXES FOR SUCH PROPERTY BE CAPPED AT THE AMOUNTS  PAYABLE  AT  THE  TIME
SUCH APPLICATION IS MADE.
  2. PROPERTY SHALL BE ELIGIBLE FOR A TAX CAP IF:
  (A)  THE  INCOME  OF THE OWNER OR THE COMBINED INCOME OF THE OWNERS OF
THE PROPERTY FOR THE INCOME TAX YEAR IMMEDIATELY PRECEDING THE  DATE  OF
MAKING  APPLICATION FOR THE CAP DOES NOT EXCEED THE SUM OF SEVENTY THOU-
SAND DOLLARS. INCOME SHALL MEAN THE AGGREGATE ADJUSTED GROSS  INCOME  OF
ALL  OWNERS  FOR THE TAXABLE YEAR AS FILED, OR AS WOULD HAVE BEEN FILED,
ON THEIR FEDERAL PERSONAL INCOME TAX RETURN.
  (B) THE TITLE OF THE PROPERTY SHALL HAVE BEEN VESTED IN THE  OWNER  OR
ONE  OF  THE  OWNERS OF THE PROPERTY FOR AT LEAST THIRTY-SIX CONSECUTIVE
MONTHS PRIOR TO THE DATE OF MAKING  APPLICATION  FOR  A  CAP,  PROVIDED,
HOWEVER,  THAT IF AS THE RESULT OF THE DEATH OF EITHER A HUSBAND OR WIFE
IN WHOSE NAME TITLE OF THE PROPERTY WAS VESTED AT THE TIME OF DEATH  THE
PROPERTY BECOMES VESTED SOLELY IN THE SURVIVOR BY VIRTUE OF DEVISE BY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02334-02-1

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