senate Bill S1094

2013-2014 Legislative Session

Prohibits rescinding certain real property tax exemptions on real property owned by siblings

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to aging
Jan 09, 2013 referred to aging

S1094 - Bill Details

See Assembly Version of this Bill:
A1759
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยงยง425 & 467, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S223, A3848
2009-2010: S1455, A1365

S1094 - Bill Texts

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Provides for a real property tax exemption on real property owned by siblings, one of whom is over 65, once granted, shall not be rescinded solely because of the death of the older sibling as long as the surviving sibling owner is at least 62.

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BILL NUMBER:S1094

TITLE OF BILL:
An act
to amend the real property tax law, in relation to not rescinding
certain tax exemptions for real property owned by siblings

PURPOSE:
To allow siblings who co-own property and are eligible for the
enhanced School Tax Relief (STAR) Exemption and/or Senior Citizen
Real Property Tax Exemption to continue to receive such exemption in
the case of the death of one of the older sibling co-owners, so long
as the surviving sibling is at least sixty-two years of age.

SUMMARY OF PROVISIONS:
Amends sections 425(4)(a) (iii) and 467(1)(d) of the real property tax
law to allow siblings who co-own property to continue to receive the
exemptions provided under these sections in the event of the death of
an older sibling co-owner, so long as the surviving sibling is at
least sixty-two years of age.

JUSTIFICATION:
Under existing law, a husband and wife who jointly own property and
are eligible for the enhanced STAR Exemption and/or Senior Citizen
Real Property Tax Exemption can continue to receive the exemption(s)
in the event the older spouse dies and the surviving spouse is at
least sixty-two years old. Although the law allows sibling co-owners
of property to qualify for the enhanced STAR Exemption and Senior
Citizen Real Property Tax Exemption as long as at least one of the
siblings is age sixty-five or over and the income criteria is met,
the existing law does not extend the benefit in regard to the death
of an older spouse to a sibling. This is an inequitable situation. A
surviving younger sibling co-owner should realize the same protection
as a surviving spouse in the event of an older sibling. The death of
a sibling is traumatic enough, without the added worry of additional
financial strain and the prospect of not being able to maintain one's
home due to property tax burdens. This bill seeks to address this
unfair situation by extending the same protection to sibling
co-owners as is provided to spouses.

LEGISLATIVE HISTORY:
S.223/A.3848 of 2011/2012; Referred to Local Government
S.1455/ A.1365 of 2009/2010; Referred to Senate Aging Committee
S.515/A.819 of 2007/2009; Referred to Senate Aging Committee S.695 of
2005; Referred to Aging
S.1317 of 2003/2004; Ordered to Third Reading in 2004
S.2116 of 2001/2002
S.7735 of 2000

FISCAL IMPLICATIONS:
This legislation, if enacted, would have no fiscal impact since it
would allow certain older Persons already receiving the exemptions
provided under sections 425 and 467 of the real property tax law to
continue to do so.

EFFECTIVE DATE: Immediately.


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

                                  1094

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 not rescinding
  certain tax exemptions for real property owned by siblings

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

  Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 4 of
section 425 of the real property tax law, as added by section 4 of  part
A of chapter 405 of the laws of 1999, is amended to read as follows:
  (iii)  In  the  case  of  property  owned  by  husband  and wife OR BY
SIBLINGS, one of whom is sixty-five years of age or over, the exemption,
once granted, shall not be rescinded solely because of the death of  the
older  spouse  OR SIBLING, so long as the surviving spouse OR SIBLING is
at least sixty-two years of age as of the date specified in  this  para-
graph.
  S 2. Paragraph (d) of subdivision 1 of section 467 of the real proper-
ty tax law, as amended by chapter 440 of the laws of 1985, is amended to
read as follows:
  (d)  The real property tax exemption on real property owned by husband
and wife OR BY SIBLINGS, one of whom is sixty-five years of age or over,
once granted, shall not be rescinded by any municipal corporation solely
because  of  the  death  of  the  older spouse OR SIBLING so long as the
surviving spouse OR SIBLING is at least sixty-two years of age.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02076-01-3

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