S T A T E O F N E W Y O R K
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8694
I N A S S E M B L Y
February 3, 2014
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Veterans' Affairs
AN ACT to amend the real property tax law, in relation to authorizing
school districts to grant an exemption to Cold War veterans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 458-b of the real
property tax law, as amended by chapter 235 of the laws of 2009, is
amended to read as follows:
(a) Each county, city, town or village may adopt a local law, AND EACH
SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to provide that qualifying resi-
dential real property shall be exempt from taxation to the extent of
either: (i) ten percent of the assessed value of such property; provided
however, that such exemption shall not exceed eight thousand dollars or
the product of eight thousand dollars multiplied by the latest state
equalization rate of the assessing unit, or, in the case of a special
assessing unit, the latest class ratio, whichever is less or; (ii)
fifteen percent of the assessed value of such property; provided howev-
er, that such exemption shall not exceed twelve thousand dollars or the
product of twelve thousand dollars multiplied by the latest state equal-
ization rate for the assessing unit, or, in the case of a special
assessing unit, the latest class ratio, whichever is less.
S 2. Subparagraphs (i) and (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, subparagraph (iii) as further amended by subdivision
(b) of section 1 of part W of chapter 56 of the laws of 2010, are
amended to read as follows:
(i) The exemption from taxation provided by this subdivision shall be
applicable to county, city, town, [and] village, AND SCHOOL DISTRICT
taxation[, but shall not be applicable to taxes levied for school
purposes].
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13619-02-4
A. 8694 2
qualified owner owns qualifying residential real property on the effec-
tive date of the local law OR RESOLUTION 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 OR RESOLUTION providing for such
exemption. Where a qualified owner does not own qualifying residential
real property on the effective date of the local law OR RESOLUTION
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 quali-
fying 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 property, 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, AND SCHOOL DISTRICT MAY
ADOPT A RESOLUTION, to reduce the maximum exemption allowable in para-
graphs (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, AND SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to
increase the maximum exemption allowable in paragraphs (a) and (b) of
this subdivision to ten thousand dollars, fifteen thousand dollars and
fifty thousand 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, twenty-seven thousand dollars and ninety thousand dollars,
respectively; twenty thousand dollars, thirty thousand dollars and one
hundred thousand 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 munici-
pality" as defined in this subparagraph is authorized to adopt a local
law, AND EACH SCHOOL DISTRICT WHICH IS WITHIN A HIGH-APPRECIATION MUNI-
CIPALITY IS AUTHORIZED TO ADOPT A RESOLUTION, 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. 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-
A. 8694 3
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. Subdivision 5 of section 458-b of the real property tax law, as
added by chapter 655 of the laws of 2007, is amended to read as follows:
5. A local law OR RESOLUTION adopted pursuant to this section may be
repealed by the governing body of the applicable county, city, town,
[or] village OR SCHOOL DISTRICT. Such repeal shall occur at least nine-
ty days prior to the taxable status date of such county, city, town,
[or] village OR SCHOOL DISTRICT.
S 4. This act shall take effect immediately.