S T A T E O F N E W Y O R K
________________________________________________________________________
5011
2011-2012 Regular Sessions
I N A S S E M B L Y
February 10, 2011
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Introduced by M. of A. HAYES, BARCLAY, CROUCH, FINCH, McLAUGHLIN,
D. MILLER, MURRAY, RAIA, SAYWARD -- Multi-Sponsored by -- M. of A.
BOYLE, BURLING, CALHOUN, CASTELLI, CERETTO, DUPREY, GIGLIO, GOODELL,
HAWLEY, JOHNS, KOLB, McKEVITT, MOLINARO, MONTESANO, OAKS, TEDISCO,
THIELE -- read once and referred to the Committee on Real Property
Taxation
AN ACT to amend the real property tax law, in relation to permitting
senior citizens to substitute a more recent year's income for purposes
of determining eligibility for the enhanced exemption for school tax
relief
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (b) of subdivision 4 of
section 425 of the real property tax law is amended by adding a new
clause (C-1) to read as follows:
(C-1) NOTWITHSTANDING THE PROVISIONS OF CLAUSES (B) AND (C) OF THIS
SUBPARAGRAPH, IN THE EVENT THAT A SENIOR CITIZEN WHO WOULD BE ELIGIBLE
FOR THE ENHANCED EXEMPTION BUT FOR INCOME IN EXCESS OF THE APPLICABLE
INCOME STANDARD EXPERIENCES A DECREASE IN INCOME FROM TAX YEAR TWO THOU-
SAND TEN TO TAX YEAR TWO THOUSAND ELEVEN, THEN FOR THE PURPOSES OF
DETERMINING ELIGIBILITY FOR THE ENHANCED EXEMPTION FOR THE YEAR TWO
THOUSAND TWELVE, SUCH SENIOR CITIZEN MAY SUBSTITUTE HIS OR HER TWO THOU-
SAND ELEVEN INCOME FOR HIS OR HER TWO THOUSAND TEN INCOME IF SUCH
DECREASE IN INCOME RESULTS IN SUCH SENIOR CITIZEN'S INCOME MEETING THE
APPLICABLE INCOME STANDARD FOR THE YEAR TWO THOUSAND TWELVE; PROVIDED
THAT SUCH TWO THOUSAND ELEVEN INCOME TAX RETURN HAS BEEN FILED WITH THE
APPROPRIATE STATE OR FEDERAL AGENCY, OR OTHER DOCUMENTATION OF INCOME
ELIGIBILITY HAS BEEN FILED WITH THE ASSESSOR OF APPROPRIATE JURISDIC-
TION, PRIOR TO THE APPROPRIATE TAXABLE STATUS DATE. FOR EACH SUBSEQUENT
SCHOOL YEAR, THE APPLICABLE INCOME TAX AND STAR YEARS SHALL BE ADVANCED
BY ONE YEAR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08726-01-1
A. 5011 2
S 2. The provisions of this act shall be construed and applied in
accordance with those provisions of section 14 of part E of chapter 83
of the laws of 2002 amending the real property tax law.
S 3. In the event the amendments provided for in section one of this
act have not become law prior to the applicable taxable status date, an
applicant may file an amended application for the enhanced STAR
exemption. If such amended application is filed after the last date for
hearing complaints, the difference between what such applicant would
have received had the application been accepted for an enhanced STAR
exemption and what the applicant received pursuant to the basic STAR
exemption shall be credited against the taxes levied in 2011, provided,
however, that no such refund shall be applied that would result in a
refundable credit to such applicant.
S 4. This act shall take effect immediately.