senate Bill S5597B

2011-2012 Legislative Session

Relates to exemptions available to veterans

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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
Jun 06, 2012 reported and committed to finance
Apr 19, 2012 print number 5597b
amend and recommit to veterans, homeland security and military affairs
Jan 27, 2012 print number 5597a
amend and recommit to veterans, homeland security and military affairs
Jan 04, 2012 referred to veterans, homeland security and military affairs
Jun 06, 2011 referred to veterans, homeland security and military affairs

Votes

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Jun 5, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S5597B
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
1
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jun 5, 2012

aye wr (1)
abstained (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5597 - Bill Details

See Assembly Version of this Bill:
A8186B
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§458-a & 458-b, RPT L

S5597 - Bill Texts

view summary

Relates to exemptions available to veterans.

view sponsor memo
BILL NUMBER:S5597

TITLE OF BILL:
An act
to amend the real property tax law, in relation to exemptions available
to veterans

PURPOSE OR GENERAL IDEA OF BILL:
Creates an additional local option to increase the maximum exemptions
allowed under the alternative veteran's exemption.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends subparagraph (ii) of paragraph (d) of
Subdivision 2 of section 458-a of the Real Property Tax Law, as
amended by Chapter 256 of the Laws of 2005 and as further amended by
Section 1 of Part W of Chapter 56 of the Laws of 2010 to allow a
municipality to elect to increase the maximum exemptions allowable
under the alternative exemption for veterans.

JUSTIFICATION:
Chapter 477 of the Laws of 1996 amended the alternative veteran's
exemption to permit higher municipal caps on the exemption. At the
same time, however, the equalization factor, used to assure
inter-jurisdictional equity was restored, In some localities, the
required use of the equalization rates resulted in lower exemptions
even where the highest authorization cap were newly implemented.
Chapter 417 of the Laws of 1997 corrected the unintended consequences
of Chapter 477, while maintaining local control of the administration
of the veteran's alternative exemption. It also created three new
higher exemptions that a municipality could adopt and established a
special set of exemptions for the City of New York that allowed for
even higher exemption limits.

With the dramatic rise in the value of real property over the years,
veterans in several municipalities strongly voiced their
dissatisfaction with the administration of the veteran's exemption -
clearly stating, at that time, that the benefit had been diminished
to such a level that it no longer provides adequate compensation. As
such, these exemptions were increased by Chapter 256 of the Laws of
2005. As real property values continue to rise, municipalities should
be afforded the opportunity to elect to increase the maximum
exemptions allowed under the alternative veteran's exemption to
restore its original intent to provide a viable means by which to
help war-time veterans maintain home ownership.

PRIOR LEGISLATIVE HISTORY:
New Legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State. Localities which opt to enact local laws permitting
the increases would shift the tax burden to the remaining tax base.

EFFECTIVE DATE:
This act shall take effect immediately.


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

    S. 5597                                                  A. 8186

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 6, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to be committed to the Committee on Veterans,
  Homeland Security and Military Affairs

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Veterans' Affairs

AN  ACT  to  amend  the real property tax law, in relation to exemptions
  available to veterans

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

  Section  1.  Subparagraph  (ii)  of  paragraph (d) of subdivision 2 of
section 458-a of the real property tax law, as amended by chapter 256 of
the laws of 2005 and as further amended by section 1 of part W of  chap-
ter 56 of the laws of 2010, is amended to read as follows:
  (ii)  Each  county,  city,  town  or  village may adopt a local law to
reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of
this subdivision to nine thousand  dollars,  six  thousand  dollars  and
thirty  thousand  dollars,  respectively,  or six thousand dollars, four
thousand dollars and twenty thousand dollars, respectively. Each county,
city, town, or village is also  authorized  to  adopt  a  local  law  to
increase  the maximum exemption allowable in paragraphs (a), (b) and (c)
of this subdivision to fifteen thousand dollars,  ten  thousand  dollars
and  fifty  thousand  dollars,  respectively; eighteen thousand dollars,
twelve thousand dollars and sixty thousand dollars, respectively;  twen-
ty-one thousand dollars, fourteen thousand dollars, and seventy thousand
dollars,  respectively;  twenty-four  thousand dollars, sixteen thousand
dollars, and eighty thousand dollars, respectively;  twenty-seven  thou-
sand  dollars,  eighteen  thousand dollars, and ninety thousand dollars,
respectively; thirty thousand dollars, twenty thousand dollars, and  one
hundred  thousand  dollars, respectively; thirty-three thousand dollars,
twenty-two thousand dollars,  and  one  hundred  ten  thousand  dollars,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11899-01-1

S. 5597                             2                            A. 8186

respectively; thirty-six thousand dollars, twenty-four thousand dollars,
and  one  hundred  twenty thousand dollars, respectively. In addition, a
county, city, town or village  which  is  a  "high-appreciation  munici-
pality"  as  defined in this subparagraph is authorized to adopt a local
law to increase the maximum exemption allowable in paragraphs  (a),  (b)
and  (c) of this subdivision to thirty-nine thousand dollars, twenty-six
thousand dollars, and one hundred thirty thousand dollars, respectively;
forty-two thousand  dollars,  twenty-eight  thousand  dollars,  and  one
hundred   forty  thousand  dollars,  respectively;  forty-five  thousand
dollars, thirty thousand dollars and one hundred fifty thousand dollars,
respectively; forty-eight thousand dollars, thirty-two thousand  dollars
and one hundred sixty thousand dollars, respectively; fifty-one thousand
dollars,  thirty-four  thousand dollars and one hundred seventy thousand
dollars, respectively; fifty-four thousand dollars, thirty-six  thousand
dollars   and   one   hundred  eighty  thousand  dollars,  respectively;
FIFTY-SEVEN THOUSAND DOLLARS,  THIRTY-EIGHT  THOUSAND  DOLLARS  AND  ONE
HUNDRED  NINETY  THOUSAND DOLLARS, RESPECTIVELY, SIXTY THOUSAND DOLLARS,
FORTY THOUSAND DOLLARS AND TWO  HUNDRED  THOUSAND  DOLLARS,  SIXTY-THREE
THOUSAND  DOLLARS,  FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED TEN THOU-
SAND DOLLARS, SIXTY-SIX THOUSAND DOLLARS,  FORTY-FOUR  THOUSAND  DOLLARS
AND  TWO  HUNDRED  TWENTY THOUSAND DOLLARS, SIXTY-NINE THOUSAND DOLLARS,
FORTY-SIX THOUSAND DOLLARS AND  TWO  HUNDRED  THIRTY  THOUSAND  DOLLARS,
SEVENTY-TWO  THOUSAND  DOLLARS,  FORTY-EIGHT  THOUSAND  DOLLARS  AND TWO
HUNDRED FORTY THOUSAND DOLLARS,  SEVENTY-FIVE  THOUSAND  DOLLARS,  FIFTY
THOUSAND  DOLLARS  AND TWO HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY.
For purposes of this subparagraph,  a  "high-appreciation  municipality"
means:  (A)  a  special  assessing unit that is a city, (B) a county for
which the commissioner has established a sales price differential factor
for purposes of the STAR exemption authorized by  section  four  hundred
twenty-five  of  this  title in three consecutive years, and (C) a city,
town or village which is wholly or partly located within such a county.
  S 2. This act shall take effect immediately.

S5597A - Bill Details

See Assembly Version of this Bill:
A8186B
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§458-a & 458-b, RPT L

S5597A - Bill Texts

view summary

Relates to exemptions available to veterans.

view sponsor memo
BILL NUMBER:S5597A

TITLE OF BILL:

An act
to amend the real property tax law, in relation to exemptions available
to veterans

PURPOSE OR GENERAL IDEA OF BILL:

Creates an additional local option to increase the maximum exemptions
allowed under the alternative veteran's exemption and the exemption
for Cold War veterans.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subparagraph (ii) of paragraph (d) of Subdivision 2
of section 458-a of the Real Property Tax Law, as amended by Chapter
256 of the Laws of 2005 and as further amended by Section 1 of Part W
of Chapter 56 of the Laws of 2010 to allow a municipality to elect to
increase the maximum exemptions allowable under the alternative
exemption for veterans.

Section 2. Amends subparagraph (iii) of paragraph (c) of subdivision 2
of Section 458-b of the Real property Tax Law, as amended by Chapter
235 of the Laws of 2009 and as further amended by Section 1 of Part W
of Chapter 56 of the Laws of 2010 to allow a municipality to increase
the maximum exemptions allowable under the exemption for Cold War
veterans.

JUSTIFICATION:

Chapter 477 of the Laws of 1996 amended the alternative veteran's
exemption to permit higher municipal caps on the exemption. At the
same time, however, the equalization factor, used to assure
inter-jurisdictional equity was restored. In some localities, the
required use of the equalization rates resulted in lower exemptions
even where the highest authorization cap were newly implemented.
Chapter 417 of the Laws of 1997 corrected the unintended consequences
of Chapter 477, while maintaining local control of the administration
of the veteran's alternative exemption. It also created three new
higher exemptions that a municipality could adopt and established a
special set of exemptions for the City of New York that allowed for
even higher exemption limits.

With the dramatic rise in the value of real property over the years,
veterans in several municipalities strongly voiced their
dissatisfaction with the administration of the veteran's exemption -
clearly stating, at that time, that the benefit had been diminished
to such a level that it no longer provides adequate compensation. As
such, these exemptions were increased by Chapter 256 of the Laws of
2005. As real property values continue to rise, municipalities should
be afforded the opportunity to elect to increase the maximum
exemptions allowed under the alternative veteran's exemption and the
exemption for Cold War veterans to restore its original intent to


provide a viable means by which to help war-time veterans maintain
home ownership.

PRIOR LEGISLATIVE HISTORY:

New Legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:s:

None to the State. Localities which opt to enact local laws permitting
the increases would shift the tax burden to the remaining tax base.

EFFECTIVE DATE:

This act shall take effect immediately.

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

    S. 5597--A                                            A. 8186--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 6, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to be committed to the Committee on Veterans,
  Homeland Security and Military Affairs -- recommitted to the Committee
  on Veterans, Homeland Security and Military Affairs in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO -- read once and
  referred  to  the Committee on Veterans' Affairs -- recommitted to the
  Committee on Veterans' Affairs in accordance  with  Assembly  Rule  3,
  sec.  2  --  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  exemptions
  available to veterans

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

  Section 1. Subparagraph (ii) of paragraph  (d)  of  subdivision  2  of
section 458-a of the real property tax law, as amended by chapter 256 of
the  laws of 2005 and as further amended by section 1 of part W of chap-
ter 56 of the laws of 2010, is amended to read as follows:
  (ii) Each county, city, town or village  may  adopt  a  local  law  to
reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of
this  subdivision  to  nine  thousand  dollars, six thousand dollars and
thirty thousand dollars, respectively, or  six  thousand  dollars,  four
thousand dollars and twenty thousand dollars, respectively. Each county,
city,  town,  or  village  is  also  authorized  to adopt a local law to
increase the maximum exemption allowable in paragraphs (a), (b) and  (c)
of  this  subdivision  to fifteen thousand dollars, ten thousand dollars
and fifty thousand dollars,  respectively;  eighteen  thousand  dollars,
twelve  thousand dollars and sixty thousand dollars, respectively; twen-
ty-one thousand dollars, fourteen thousand dollars, and seventy thousand
dollars, respectively; twenty-four thousand  dollars,  sixteen  thousand
dollars,  and  eighty thousand dollars, respectively; twenty-seven thou-
sand dollars, eighteen thousand dollars, and  ninety  thousand  dollars,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11899-02-2

S. 5597--A                          2                         A. 8186--A

respectively;  thirty thousand dollars, twenty thousand dollars, and one
hundred thousand dollars, respectively; thirty-three  thousand  dollars,
twenty-two  thousand  dollars,  and  one  hundred  ten thousand dollars,
respectively; thirty-six thousand dollars, twenty-four thousand dollars,
and  one  hundred  twenty thousand dollars, respectively. In addition, a
county, city, town or village  which  is  a  "high-appreciation  munici-
pality"  as  defined in this subparagraph is authorized to adopt a local
law to increase the maximum exemption allowable in paragraphs  (a),  (b)
and  (c) of this subdivision to thirty-nine thousand dollars, twenty-six
thousand dollars, and one hundred thirty thousand dollars, respectively;
forty-two thousand  dollars,  twenty-eight  thousand  dollars,  and  one
hundred   forty  thousand  dollars,  respectively;  forty-five  thousand
dollars, thirty thousand dollars and one hundred fifty thousand dollars,
respectively; forty-eight thousand dollars, thirty-two thousand  dollars
and one hundred sixty thousand dollars, respectively; fifty-one thousand
dollars,  thirty-four  thousand dollars and one hundred seventy thousand
dollars, respectively; fifty-four thousand dollars, thirty-six  thousand
dollars   and   one   hundred  eighty  thousand  dollars,  respectively;
FIFTY-SEVEN THOUSAND DOLLARS,  THIRTY-EIGHT  THOUSAND  DOLLARS  AND  ONE
HUNDRED  NINETY  THOUSAND DOLLARS, RESPECTIVELY; SIXTY THOUSAND DOLLARS,
FORTY THOUSAND DOLLARS AND TWO HUNDRED THOUSAND  DOLLARS,  RESPECTIVELY;
SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED
TEN   THOUSAND   DOLLARS,   RESPECTIVELY;  SIXTY-SIX  THOUSAND  DOLLARS,
FORTY-FOUR THOUSAND DOLLARS AND TWO  HUNDRED  TWENTY  THOUSAND  DOLLARS,
RESPECTIVELY;  SIXTY-NINE  THOUSAND  DOLLARS, FORTY-SIX THOUSAND DOLLARS
AND TWO HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY; SEVENTY-TWO THOU-
SAND DOLLARS, FORTY-EIGHT THOUSAND DOLLARS AND TWO HUNDRED  FORTY  THOU-
SAND  DOLLARS,  RESPECTIVELY; SEVENTY-FIVE THOUSAND DOLLARS, FIFTY THOU-
SAND DOLLARS AND TWO HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY.   For
purposes of this subparagraph, a "high-appreciation municipality" means:
(A)  a special assessing unit that is a city, (B) a county for which the
commissioner has established  a  sales  price  differential  factor  for
purposes  of the STAR exemption authorized by section four hundred twen-
ty-five of this title in three consecutive years, and (C) a  city,  town
or village which is wholly or partly located within such a county.
  S  2.  Subparagraph (iii) of paragraph (c) of subdivision 2 of section
458-b of the real property tax law, as amended by  chapter  235  of  the
laws of 2009 and as further amended by section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
shall be granted for a period of ten years. The commencement of such ten
year period shall be governed pursuant to  this  subparagraph.  Where  a
qualified  owner owns qualifying residential real property on the effec-
tive date of the local law providing for such exemption, such  ten  year
period  shall  be measured from the assessment roll prepared pursuant to
the first taxable status date occurring on or after the  effective  date
of  the  local law providing for such exemption. Where a qualified owner
does not own qualifying residential real property on the effective  date
of  the  local  law  providing  for such exemption, such ten year period
shall be measured from the assessment  roll  prepared  pursuant  to  the
first  taxable  status date occurring at least sixty days after the date
of purchase of qualifying residential real property; provided,  however,
that  should  the  veteran  apply for and be granted an exemption on the
assessment roll prepared pursuant to a  taxable  status  date  occurring
within sixty days after the date of purchase of residential real proper-
ty,  such  ten  year  period shall be measured from the first assessment

S. 5597--A                          3                         A. 8186--A

roll in which the exemption occurs. If, before the  expiration  of  such
ten  year  period,  such exempt property is sold and replaced with other
residential real property, such exemption may  be  granted  pursuant  to
this  subdivision  for  the  unexpired portion of the ten year exemption
period. Each county, city, town or village may  adopt  a  local  law  to
reduce the maximum exemption allowable in paragraphs (a) and (b) of this
subdivision  to  six  thousand dollars, nine thousand dollars and thirty
thousand dollars, respectively, or four thousand dollars,  six  thousand
dollars  and  twenty  thousand dollars, respectively. Each county, city,
town, or village is also authorized to adopt a local law to increase the
maximum exemption allowable in paragraphs (a) and (b) of  this  subdivi-
sion  to  ten thousand dollars, fifteen thousand dollars and fifty thou-
sand dollars, respectively; twelve thousand dollars,  eighteen  thousand
dollars  and  sixty  thousand  dollars,  respectively; fourteen thousand
dollars, twenty-one  thousand  dollars  and  seventy  thousand  dollars,
respectively; sixteen thousand dollars, twenty-four thousand dollars and
eighty  thousand dollars, respectively; eighteen thousand dollars, twen-
ty-seven thousand dollars and  ninety  thousand  dollars,  respectively;
twenty  thousand  dollars, thirty thousand dollars and one hundred thou-
sand dollars, respectively; twenty-two  thousand  dollars,  thirty-three
thousand  dollars  and  one  hundred ten thousand dollars, respectively;
twenty-four  thousand  dollars,  thirty-six  thousand  dollars  and  one
hundred  twenty  thousand  dollars, respectively. In addition, a county,
city, town or village which is  a  "high-appreciation  municipality"  as
defined  in  this  subparagraph  is  authorized  to adopt a local law to
increase the maximum exemption allowable in paragraphs (a)  and  (b)  of
this  subdivision  to  twenty-six thousand dollars, thirty-nine thousand
dollars and one hundred thirty thousand dollars,  respectively;  twenty-
eight thousand dollars, forty-two thousand dollars and one hundred forty
thousand  dollars,  respectively;  thirty  thousand  dollars, forty-five
thousand dollars and one hundred fifty thousand  dollars,  respectively;
thirty-two  thousand  dollars,  forty-eight  thousand  dollars  and  one
hundred  sixty  thousand  dollars,  respectively;  thirty-four  thousand
dollars,  fifty-one  thousand  dollars  and one hundred seventy thousand
dollars, respectively; thirty-six thousand dollars, fifty-four  thousand
dollars   and   one   hundred  eighty  thousand  dollars,  respectively;
FIFTY-SEVEN THOUSAND DOLLARS,  THIRTY-EIGHT  THOUSAND  DOLLARS  AND  ONE
HUNDRED  NINETY  THOUSAND DOLLARS, RESPECTIVELY; SIXTY THOUSAND DOLLARS,
FORTY THOUSAND DOLLARS AND TWO HUNDRED THOUSAND  DOLLARS,  RESPECTIVELY;
SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED
TEN   THOUSAND   DOLLARS,   RESPECTIVELY;  SIXTY-SIX  THOUSAND  DOLLARS,
FORTY-FOUR THOUSAND DOLLARS AND TWO  HUNDRED  TWENTY  THOUSAND  DOLLARS,
RESPECTIVELY;  SIXTY-NINE  THOUSAND  DOLLARS, FORTY-SIX THOUSAND DOLLARS
AND TWO HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY; SEVENTY-TWO THOU-
SAND DOLLARS, FORTY-EIGHT THOUSAND DOLLARS AND TWO HUNDRED  FORTY  THOU-
SAND  DOLLARS,  RESPECTIVELY; SEVENTY-FIVE THOUSAND DOLLARS, FIFTY THOU-
SAND DOLLARS AND TWO HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY.   For
purposes of this subparagraph, a "high-appreciation municipality" means:
(A)  a special assessing unit that is a city, (B) a county for which the
commissioner has established  a  sales  price  differential  factor  for
purposes  of the STAR exemption authorized by section four hundred twen-
ty-five of this title in three consecutive years, and (C) a  city,  town
or village which is wholly or partly located within such a county.
  S 3. This act shall take effect immediately.

S5597B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8186B
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§458-a & 458-b, RPT L

S5597B (ACTIVE) - Bill Texts

view summary

Relates to exemptions available to veterans.

view sponsor memo
BILL NUMBER:S5597B

TITLE OF BILL:

An act
to amend the real property tax law, in relation to exemptions available
to veterans

PURPOSE OR GENERAL IDEA OF BILL:

Creates an additional local option to increase the maximum exemptions
allowed under the alternative veteran's exemption and the exemption
for Cold War veterans.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subparagraph (ii) of paragraph (d) of Subdivision 2
of section 458-a of the Real Property Tax Law, as amended by Chapter
256 of the Laws of 2005 and as further amended by Section 1 of Part W
of Chapter 56 of the Laws of 2010 to create new categories of higher
exemptions available under the alternative
veteran's exemption. These are: $39,000, $26,000, and $130,000;
$42,000, $28,000, and $140,000; and $45,000, $30,000 and $150,000.
Under the "high-appreciation municipality" section of the legislation
new categories of higher exemption available to municipalities are
also increased. These are: $57,000, $38,000, and $190,000; $60,000,
$40,000 and $200,000; $63,000, $42,000 and $210,000; $66,000, $44,000
and $220,000; $69,000, $46,000 and $230,000; $72,000, $48,000 and
$240,000; and $75,000, $50,000 and $250,000.

Section 2. Amends subparagraph (iii) of paragraph (c) of subdivision 2
of Section 458-b of the Real Property Tax Law, as amended by Chapter
235 of the Laws of 2009 and as further amended by Section 1 of Part W
of Chapter 56 of the Laws of 2010 to create new categories of higher
exemptions available to municipalities under the Cold War veteran's
exemption. These are: $39,000, $26,000, and $130,000; $42,000,
$28,000, and $140,000; and $45,000, $30,000 and $150,000. Under the
"high appreciation municipality" section of the legislation new
categories of higher exemption available to municipalities are also
increased. These are: $57,000, $38,000, and $190,000; $60,000,
$40,000 and $200,000; $63,000, $42,000 and $210,000; $66,000, $44,000
and $220,000; $69,000, $46,000 and $230,000; $72,000, $48,000 and
$240,000; and $75,000, $50,000 and $250,000.

JUSTIFICATION:

Chapter 477 of the Laws of 1996 amended the alternative veteran's
exemption to permit higher municipal caps on the exemption. At the
same time, however, the equalization factor, used to assure
inter-jurisdictional equity was restored. In some localities, the
required use of the equalization rates resulted in lower

exemptions even where the highest authorization cap were newly
implemented.
Chapter 417 of the Laws of 1997 corrected the unintended consequences
of Chapter 477, while maintaining local control of the administration
of the veteran's alternative exemption. It also created three new
higher exemptions that a municipality could adopt and established a
special set of exemptions for the City of New York that allowed for
even higher exemption limits.

With the dramatic rise in the value of real property over the years,
veterans in several municipalities strongly voiced their
dissatisfaction with the administration of the veteran's exemption -
clearly stating, at that time, that the benefit had been diminished
to such a level that it no longer provides adequate compensation. As
such, these exemptions were increased by Chapter 256 of the Laws of
2005. As real property values continue to rise, municipalities should
be afforded the opportunity to elect to increase the maximum
exemptions allowed under the alternative veteran's exemption and the
exemption for Cold War veterans to restore its original intent to
provide a viable means by which to help war-time veterans maintain
home ownership.

PRIOR LEGISLATIVE HISTORY:

New Legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State. Localities which opt to enact local laws permitting
the increases would shift the tax burden to the remaining tax base.

EFFECTIVE DATE:

This act shall take effect January 2, 2013; provided that sections one
and two of this act shall apply to assessment rolls based on taxable
status date occurring on or after such date.

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

    S. 5597--B                                            A. 8186--B

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 6, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to be committed to the Committee on Veterans,
  Homeland Security and Military Affairs -- recommitted to the Committee
  on Veterans, Homeland Security and Military Affairs in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO -- read once and
  referred to the Committee on Veterans' Affairs -- recommitted  to  the
  Committee  on  Veterans'  Affairs  in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend  the real property tax law, in relation to exemptions
  available to veterans

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

  Section  1.  Subparagraph  (ii)  of  paragraph (d) of subdivision 2 of
section 458-a of the real property tax law, as amended by chapter 256 of
the laws of 2005 and as further amended by section 1 of part W of  chap-
ter 56 of the laws of 2010, is amended to read as follows:
  (ii)  Each  county,  city,  town  or  village may adopt a local law to
reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of
this subdivision to nine thousand  dollars,  six  thousand  dollars  and
thirty  thousand  dollars,  respectively,  or six thousand dollars, four
thousand dollars and twenty thousand dollars, respectively. Each county,
city, town, or village is also  authorized  to  adopt  a  local  law  to
increase  the maximum exemption allowable in paragraphs (a), (b) and (c)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11899-03-2

S. 5597--B                          2                         A. 8186--B

of this subdivision to fifteen thousand dollars,  ten  thousand  dollars
and  fifty  thousand  dollars,  respectively; eighteen thousand dollars,
twelve thousand dollars and sixty thousand dollars, respectively;  twen-
ty-one thousand dollars, fourteen thousand dollars, and seventy thousand
dollars,  respectively;  twenty-four  thousand dollars, sixteen thousand
dollars, and eighty thousand dollars, respectively;  twenty-seven  thou-
sand  dollars,  eighteen  thousand dollars, and ninety thousand dollars,
respectively; thirty thousand dollars, twenty thousand dollars, and  one
hundred  thousand  dollars, respectively; thirty-three thousand dollars,
twenty-two thousand dollars,  and  one  hundred  ten  thousand  dollars,
respectively; thirty-six thousand dollars, twenty-four thousand dollars,
and one hundred twenty thousand dollars, respectively; THIRTY-NINE THOU-
SAND  DOLLARS, TWENTY-SIX THOUSAND DOLLARS, AND ONE HUNDRED THIRTY THOU-
SAND DOLLARS, RESPECTIVELY,  FORTY-TWO  THOUSAND  DOLLARS,  TWENTY-EIGHT
THOUSAND  DOLLARS, AND ONE HUNDRED FORTY THOUSAND DOLLARS, RESPECTIVELY;
AND FORTY-FIVE THOUSAND DOLLARS, THIRTY THOUSAND DOLLARS AND ONE HUNDRED
FIFTY THOUSAND DOLLARS, RESPECTIVELY. In addition, a county, city,  town
or  village  which  is  a "high-appreciation municipality" as defined in
this subparagraph is authorized to adopt a local  law  to  increase  the
maximum  exemption  allowable  in  paragraphs  (a),  (b) and (c) of this
subdivision  to  thirty-nine  thousand  dollars,   twenty-six   thousand
dollars,  and  one hundred thirty thousand dollars, respectively; forty-
two thousand dollars, twenty-eight thousand  dollars,  and  one  hundred
forty thousand dollars, respectively; forty-five thousand dollars, thir-
ty  thousand dollars and one hundred fifty thousand dollars, respective-
ly; forty-eight thousand dollars, thirty-two thousand  dollars  and  one
hundred   sixty   thousand  dollars,  respectively;  fifty-one  thousand
dollars, thirty-four thousand dollars and one hundred  seventy  thousand
dollars,  respectively; fifty-four thousand dollars, thirty-six thousand
dollars  and  one  hundred  eighty   thousand   dollars,   respectively;
FIFTY-SEVEN  THOUSAND  DOLLARS,  THIRTY-EIGHT  THOUSAND  DOLLARS AND ONE
HUNDRED NINETY THOUSAND DOLLARS, RESPECTIVELY; SIXTY  THOUSAND  DOLLARS,
FORTY  THOUSAND  DOLLARS AND TWO HUNDRED THOUSAND DOLLARS, RESPECTIVELY;
SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED
TEN  THOUSAND  DOLLARS,  RESPECTIVELY;   SIXTY-SIX   THOUSAND   DOLLARS,
FORTY-FOUR  THOUSAND  DOLLARS  AND  TWO HUNDRED TWENTY THOUSAND DOLLARS,
RESPECTIVELY; SIXTY-NINE THOUSAND DOLLARS,  FORTY-SIX  THOUSAND  DOLLARS
AND TWO HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY; SEVENTY-TWO THOU-
SAND  DOLLARS,  FORTY-EIGHT THOUSAND DOLLARS AND TWO HUNDRED FORTY THOU-
SAND DOLLARS, RESPECTIVELY; SEVENTY-FIVE THOUSAND DOLLARS,  FIFTY  THOU-
SAND  DOLLARS AND TWO HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY.  For
purposes of this subparagraph, a "high-appreciation municipality" means:
(A) a special assessing unit that is a city, (B) a county for which  the
commissioner  has  established  a  sales  price  differential factor for
purposes of the STAR exemption authorized by section four hundred  twen-
ty-five  of  this title in three consecutive years, and (C) a city, town
or village which is wholly or partly located within such a county.
  S 2. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
458-b  of  the  real  property tax law, as amended by chapter 235 of the
laws of 2009 and as further amended by section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  (iii) The exemption provided by  paragraph  (a)  of  this  subdivision
shall be granted for a period of ten years. The commencement of such ten
year  period  shall  be  governed pursuant to this subparagraph. Where a
qualified owner owns qualifying residential real property on the  effec-
tive  date  of the local law providing for such exemption, such ten year

S. 5597--B                          3                         A. 8186--B

period shall be measured from the assessment roll prepared  pursuant  to
the  first  taxable status date occurring on or after the effective date
of the local law providing for such exemption. Where a  qualified  owner
does  not own qualifying residential real property on the effective date
of the local law providing for such  exemption,  such  ten  year  period
shall  be  measured  from  the  assessment roll prepared pursuant to the
first taxable status date occurring at least sixty days after  the  date
of  purchase of qualifying residential real property; provided, however,
that should the veteran apply for and be granted  an  exemption  on  the
assessment  roll  prepared  pursuant  to a taxable status date occurring
within sixty days after the date of purchase of residential real proper-
ty, such ten year period shall be measured  from  the  first  assessment
roll  in  which  the exemption occurs. If, before the expiration of such
ten year period, such exempt property is sold and  replaced  with  other
residential  real  property,  such  exemption may be granted pursuant to
this subdivision for the unexpired portion of  the  ten  year  exemption
period.  Each  county,  city,  town  or village may adopt a local law to
reduce the maximum exemption allowable in paragraphs (a) and (b) of this
subdivision to six thousand dollars, nine thousand  dollars  and  thirty
thousand  dollars,  respectively, or four thousand dollars, six thousand
dollars and twenty thousand dollars, respectively.  Each  county,  city,
town, or village is also authorized to adopt a local law to increase the
maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
sion to ten thousand dollars, fifteen thousand dollars and  fifty  thou-
sand  dollars,  respectively; twelve thousand dollars, eighteen thousand
dollars and sixty  thousand  dollars,  respectively;  fourteen  thousand
dollars,  twenty-one  thousand  dollars  and  seventy  thousand dollars,
respectively; sixteen thousand dollars, twenty-four thousand dollars and
eighty thousand dollars, respectively; eighteen thousand dollars,  twen-
ty-seven  thousand  dollars  and  ninety thousand dollars, respectively;
twenty thousand dollars, thirty thousand dollars and one  hundred  thou-
sand  dollars,  respectively;  twenty-two thousand dollars, thirty-three
thousand dollars and one hundred  ten  thousand  dollars,  respectively;
twenty-four  thousand  dollars,  thirty-six  thousand  dollars  and  one
hundred twenty  thousand  dollars,  respectively;  THIRTY-NINE  THOUSAND
DOLLARS,  TWENTY-SIX  THOUSAND  DOLLARS, AND ONE HUNDRED THIRTY THOUSAND
DOLLARS, RESPECTIVELY; FORTY-TWO THOUSAND DOLLARS, TWENTY-EIGHT THOUSAND
DOLLARS, AND ONE  HUNDRED  FORTY  THOUSAND  DOLLARS,  RESPECTIVELY;  AND
FORTY-FIVE  THOUSAND  DOLLARS,  THIRTY  THOUSAND DOLLARS AND ONE HUNDRED
FIFTY THOUSAND DOLLARS, RESPECTIVELY. In addition, a county, city,  town
or  village  which  is  a "high-appreciation municipality" as defined in
this subparagraph is authorized to adopt a local  law  to  increase  the
maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
sion to twenty-six thousand dollars, thirty-nine  thousand  dollars  and
one hundred thirty thousand dollars, respectively; twenty-eight thousand
dollars,  forty-two  thousand  dollars  and  one  hundred forty thousand
dollars, respectively;  thirty  thousand  dollars,  forty-five  thousand
dollars and one hundred fifty thousand dollars, respectively; thirty-two
thousand  dollars,  forty-eight  thousand  dollars and one hundred sixty
thousand dollars, respectively; thirty-four thousand dollars,  fifty-one
thousand dollars and one hundred seventy thousand dollars, respectively;
thirty-six thousand dollars, fifty-four thousand dollars and one hundred
eighty  thousand  dollars,  respectively;  FIFTY-SEVEN THOUSAND DOLLARS,
THIRTY-EIGHT THOUSAND DOLLARS AND ONE HUNDRED NINETY  THOUSAND  DOLLARS,
RESPECTIVELY;  SIXTY  THOUSAND  DOLLARS,  FORTY THOUSAND DOLLARS AND TWO
HUNDRED THOUSAND DOLLARS, RESPECTIVELY;  SIXTY-THREE  THOUSAND  DOLLARS,

S. 5597--B                          4                         A. 8186--B

FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED TEN THOUSAND DOLLARS, RESPEC-
TIVELY;  SIXTY-SIX THOUSAND DOLLARS, FORTY-FOUR THOUSAND DOLLARS AND TWO
HUNDRED  TWENTY  THOUSAND  DOLLARS,  RESPECTIVELY;  SIXTY-NINE  THOUSAND
DOLLARS,  FORTY-SIX  THOUSAND  DOLLARS  AND  TWO HUNDRED THIRTY THOUSAND
DOLLARS, RESPECTIVELY; SEVENTY-TWO THOUSAND DOLLARS,  FORTY-EIGHT  THOU-
SAND  DOLLARS  AND  TWO  HUNDRED  FORTY  THOUSAND DOLLARS, RESPECTIVELY;
SEVENTY-FIVE THOUSAND DOLLARS, FIFTY THOUSAND DOLLARS  AND  TWO  HUNDRED
FIFTY  THOUSAND  DOLLARS,  RESPECTIVELY.   For purposes of this subpara-
graph, a "high-appreciation municipality" means: (A) a special assessing
unit that is a city, (B) a county for which the commissioner has  estab-
lished  a  sales  price  differential  factor  for  purposes of the STAR
exemption authorized by section four hundred twenty-five of  this  title
in  three  consecutive  years,  and (C) a city, town or village which is
wholly or partly located within such a county.
  S 3. This act  shall  take  effect  January  2,  2013;  provided  that
sections  one  and two of this act shall apply to assessment rolls based
on taxable status date occurring on or after such date.

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