Senate Bill S5052A

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

                                 5052--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government 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 establishing a
  capped real property school tax rate for persons sixty-seven years  of
  age or older whose combined annual income is sixty thousand dollars or
  less

  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 431 to read as follows:
  S  431. PERSONS SIXTY-SEVEN YEARS OF AGE OR OVER; CAPPED REAL PROPERTY
SCHOOL TAX RATE. 1. (A) RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED  BY
ONE  OR  MORE  PERSONS, EACH OF WHOM IS SIXTY-SEVEN YEARS OF AGE OR OVER
AND WHOSE COMBINED ANNUAL INCOME IS SIXTY THOUSAND DOLLARS OR  LESS,  OR
RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND WIFE, ONE OF
WHOM  IS  SIXTY-SEVEN  YEARS  OF  AGE  OR OVER AND WHOSE COMBINED ANNUAL
INCOME IS SIXTY THOUSAND DOLLARS OR LESS,  SHALL  BE  ELIGIBLE  FOR  THE
CAPPED REAL PROPERTY SCHOOL TAX RATE SET FORTH IN THIS SECTION.
  (B)  FOR  PURPOSES  OF  THIS  SECTION,  THE TERM "CAPPED REAL PROPERTY
SCHOOL TAX RATE" SHALL MEAN THE LOWER OF:
  (I) THE REAL PROPERTY SCHOOL  TAX  RATE  ESTABLISHED  ON  THE  TAXABLE
STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
THE AGE OF SIXTY-SEVEN YEARS; OR
  (II)  THE  REAL  PROPERTY  SCHOOL  TAX RATE ESTABLISHED ON ANY TAXABLE
STATUS DATE SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE  PERSON  ATTAINS
THE  AGE  OF  SIXTY-SEVEN  YEARS,  WHICH IS LOWER THAN THE REAL PROPERTY
SCHOOL TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA-
GRAPH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09982-03-2
              

S. 5052--A                          2

  (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU-
ALLY  FOR  EACH  ELIGIBLE  PERSON  SIXTY-SEVEN  YEARS OF AGE OR OLDER IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS  SUBDI-
VISION.
  2.  ANY  PERSON  ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE
SHALL APPLY ANNUALLY FOR SUCH CAPPED RATE.  SUCH  APPLICATION  SHALL  BE
MADE  IN  A  MANNER  AND  FORM  DETERMINED BY THE COMMISSIONER AND SHALL
REQUIRE PROOF OF THE APPLICANT'S AGE. SUCH APPLICATION  SHALL  BE  FILED
WITH  THE  LOCAL  ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE FOR SUCH
DISTRICT.
  3. EVERY SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE  NOTIFIED,  EACH
PERSON  OWNING  RESIDENTIAL  REAL PROPERTY IN THE SCHOOL DISTRICT OF THE
PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS  SUBDIVISION  MAY  BE
MET  BY  A  NOTICE  SENT  TO SUCH PERSONS IN SUBSTANTIALLY THE FOLLOWING
FORM: "RESIDENTIAL REAL PROPERTY OWNED BY PERSONS SIXTY-SEVEN  YEARS  OF
AGE OR OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE.
TO RECEIVE SUCH CAPPED RATE, ELIGIBLE OWNERS OF QUALIFYING PROPERTY MUST
FILE  AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE APPLICA-
BLE TAXABLE STATUS DATE. FOR FURTHER INFORMATION,  PLEASE  CONTACT  YOUR
LOCAL ASSESSOR."
  S  2.  This  act  shall take effect January 1, 2013 and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on or after such date.