senate Bill S4365A

2011-2012 Legislative Session

Relates to exemptions from real property taxes for senior citizens

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2012 print number 4365a
amend and recommit to aging
Jan 04, 2012 referred to aging
Jun 24, 2011 committed to rules
May 25, 2011 advanced to third reading
May 24, 2011 2nd report cal.
May 23, 2011 1st report cal.792
Mar 31, 2011 referred to aging

Bill Amendments

Original
A (Active)
Original
A (Active)

S4365 - Bill Details

See Assembly Version of this Bill:
A3727A
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A7934

S4365 - Bill Texts

view summary

Authorizes localities to provide for an additional real property tax exemption for senior citizens who meet the income eligibility limits and other criteria to the extent of sixty percent of the assessed valuation of such real property.

view sponsor memo
BILL NUMBER:S4365

TITLE OF BILL:
An act
to amend the real property tax law, in relation to providing an
additional real property tax exemption for certain senior citizens

PURPOSE:
The purpose of this bill is to provide relief from the burden of
increasing real property taxes (RPT) for certain income eligible
elderly individuals.

SUMMARY OF PROVISIONS:
This bill would offer local governments the option to provide older
New Yorkers who are homeowners with low-incomes a greater level of RPT
relief than can presently be offered through the existing structure
of the Senior Citizen RPT Exemption Program. Local governments would
be granted the option to offer senior citizens with incomes of
$22,000 or less a sixty percent RPT exemption. In addition, local
governments would also be authorized to expand the sliding scale
portion of the program by offering seniors citizens who have incomes
of $23,000 an exemption of fifty-five percent.

Currently, local governments can only exempt eligible senior citizens
who have incomes of $24,000 or less from paying fifty-percent of
their RPTs. Also, presently the largest exemption available through
the sliding scale portion of the program is forty-live percent and is
available to senior citizens with an income of $25,000. This bill
would not impact the income eligibility limits for exemptions
currently available.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would amend section 467 of the real property tax law.

JUSTIFICATION:
Senior citizens living on fixed incomes across the State are
shouldering an increasing amount of the real property tax burden each
year. Since 1966, the maximum percentage of exemption local
governments have been able to offer senior citizens has remained at
50%. In an attempt to provide older New Yorkers some additional
relief from the burden of RPTs, the Legislature has permitted local
governments the option to grant periodic increases in the maximum
income eligibility limit for the 50% senior citizen RPT exemption.
Currently, the income eligibility limit for this level of benefit is
$24,000.

This proposal would authorize localities the option to offer a sixty
and fifty-five percent RPT exemption to seniors with incomes below
$22,000. Elderly homeowners with incomes less than the current
maximum income eligibility limit are most at risk of premature
dislocation from their homes as a result of increasing RPT rates and
require the expansion of benefits as proposed in this bill.

LEGISLATIVE HISTORY:
2010: A.7934 - Referred to Real Property Taxation.


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to State.

EFFECTIVE DATE:
Immediately; would apply to taxable years beginning on and after
January 1, 2013.

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

                                  4365

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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  providing  an
  additional real property tax exemption for certain senior citizens

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 467 of the real property  tax  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  (A)  ANY  LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION MAY BE  AMENDED,  OR  A
LOCAL  LAW,  ORDINANCE  OR  RESOLUTION  MAY  BE  ADOPTED,  TO PROVIDE AN
EXEMPTION TO THE EXTENT OF SIXTY PERCENT OF THE  ASSESSED  VALUATION  OF
REAL  PROPERTY  IF 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 AN EXEMPTION EXCEEDS  THE  SUM  OF  THREE
THOUSAND DOLLARS, OR SUCH OTHER SUM NOT LESS THAN THREE THOUSAND DOLLARS
BUT  NOT  MORE  THAN  TWENTY-TWO  THOUSAND DOLLARS, WHILE SATISFYING ALL
OTHER ELIGIBILITY CRITERIA ESTABLISHED  PURSUANT  TO  THIS  SECTION.  NO
OWNER  OR  OWNERS  OF  PROPERTY ELIGIBLE FOR A REDUCTION IN THE ASSESSED
VALUATION PURSUANT TO THIS SUBDIVISION SHALL BE ELIGIBLE FOR  A  FURTHER
EXEMPTION PURSUANT TO THIS SECTION.
  (B)  ANY  LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION MAY BE AMENDED, OR A LOCAL LAW,  ORDINANCE
OR  RESOLUTION MAY BE ADOPTED, TO PROVIDE AN EXEMPTION SO AS TO INCREASE
THE MAXIMUM INCOME ELIGIBILITY LEVEL OF SUCH  MUNICIPAL  CORPORATION  AS
PROVIDED IN THIS SUBDIVISION (REPRESENTED IN THE HEREINBELOW SCHEDULE AS
M) TO THE EXTENT PROVIDED IN THE FOLLOWING SCHEDULE:

ANNUAL INCOME          PERCENTAGE OF ASSESSED VALUATION
                             EXEMPT FROM TAXATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05099-01-1

S. 4365                             2

MORE THAN (M) BUT
LESS THAN (M+ $1,000)                  55%

MORE THAN (M) BUT
LESS THAN (M+ $2,000)                 50%
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2013.

S4365A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3727A
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A7934

S4365A (ACTIVE) - Bill Texts

view summary

Authorizes localities to provide for an additional real property tax exemption for senior citizens who meet the income eligibility limits and other criteria to the extent of sixty percent of the assessed valuation of such real property.

view sponsor memo
BILL NUMBER:S4365A

TITLE OF BILL:
An act
to amend the real property tax law, in relation to providing an
additional real property tax exemption for certain senior citizens

PURPOSE:
The purpose of this bill is to provide relief from the burden of
increasing real property taxes (RPT) for certain income eligible
elderly individuals.

SUMMARY OF PROVISIONS:
This bill would offer local governments the option to provide older
New Yorkers who are homeowners with low-incomes a greater level of RPT
relief than can presently be offered through the existing structure
of the Senior Citizen RPT Exemption Program. Local governments would
be granted the option to offer senior citizens with incomes of
$22,000 or less a sixty percent RPT exemption. In addition, local
governments would also be authorized to expand the sliding scale
portion of the program by offering seniors citizens who have incomes
of $23,000 an exemption of fifty-five percent.

Currently, local governments can only exempt eligible senior citizens
who have incomes of $24,000 or less from paying fifty-percent of
their RPTs. Also, presently the largest exemption available through
the sliding scale portion of the program is forty-five percent and is
available to senior citizens with an income of $25,000. This bill
would not impact the income eligibility limits for exemptions
currently available.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would amend section 467 of the real property tax law.

JUSTIFICATION:
Senior citizens living on fixed incomes across the State are
shouldering an increasing amount of the real property tax burden each
year. Since 1966, the maximum percentage of exemption local
governments have been able to offer senior citizens has remained at
50%. In an attempt to provide older New Yorkers some additional
relief from the burden of RPTs, the Legislature has permitted local
governments the option to grant periodic increases in the maximum
income eligibility limit for the 50% senior citizen RPT exemption.
Currently, the income eligibility limit for this level of benefit is
$24,000.

This proposal would authorize localities the option to offer a sixty
and fifty-five percent RPT exemption to seniors with incomes below
$22,000. Elderly homeowners with incomes less than the current
maximum income eligibility limit are most at risk of premature

dislocation from their homes as a result of increasing RPT rates and
require the expansion of benefits as proposed in this bill.

LEGISLATIVE HISTORY:
2010: A.7934 - Referred to Real Property Taxation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to State.

EFFECTIVE DATE:
Immediately; would apply to taxable years beginning on and after
January 1, 2014.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4365--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the real property tax law, in relation to providing an
  additional real property tax exemption for certain senior citizens

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  467  of  the real property tax law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. (A) ANY LOCAL LAW, ORDINANCE OR RESOLUTION  ADOPTED  PURSUANT  TO
PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION MAY BE AMENDED, OR A
LOCAL LAW, ORDINANCE  OR  RESOLUTION  MAY  BE  ADOPTED,  TO  PROVIDE  AN
EXEMPTION  TO  THE  EXTENT OF SIXTY PERCENT OF THE ASSESSED VALUATION OF
REAL PROPERTY IF 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 AN EXEMPTION EXCEEDS THE SUM OF THREE
THOUSAND DOLLARS, OR SUCH OTHER SUM NOT LESS THAN THREE THOUSAND DOLLARS
BUT NOT MORE THAN TWENTY-TWO  THOUSAND  DOLLARS,  WHILE  SATISFYING  ALL
OTHER  ELIGIBILITY  CRITERIA  ESTABLISHED  PURSUANT  TO THIS SECTION. NO
OWNER OR OWNERS OF PROPERTY ELIGIBLE FOR A  REDUCTION  IN  THE  ASSESSED
VALUATION  PURSUANT  TO THIS SUBDIVISION SHALL BE ELIGIBLE FOR A FURTHER
EXEMPTION PURSUANT TO THIS SECTION.
  (B) ANY LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED PURSUANT  TO  PARA-
GRAPH  (A) OF THIS SUBDIVISION MAY BE AMENDED, OR A LOCAL LAW, ORDINANCE
OR RESOLUTION MAY BE ADOPTED, TO PROVIDE AN EXEMPTION SO AS TO  INCREASE
THE  MAXIMUM  INCOME  ELIGIBILITY LEVEL OF SUCH MUNICIPAL CORPORATION AS
PROVIDED IN THIS SUBDIVISION (REPRESENTED IN THE HEREINBELOW SCHEDULE AS
M) TO THE EXTENT PROVIDED IN THE FOLLOWING SCHEDULE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05099-02-1

S. 4365--A                          2

ANNUAL INCOME          PERCENTAGE OF ASSESSED VALUATION
                             EXEMPT FROM TAXATION
MORE THAN (M) BUT
LESS THAN (M+ $1,000)                  55%

MORE THAN (M) BUT
LESS THAN (M+ $2,000)                 50%
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2014.

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