senate Bill S5409A

2013-2014 Legislative Session

Allows municipalities to pass local laws granting a real property tax deferment to seniors

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2014 print number 5409a
amend and recommit to aging
Jan 08, 2014 referred to aging
Jun 21, 2013 committed to rules
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1043
May 16, 2013 referred to aging

Votes

view votes

Jun 4, 2013 - Aging committee Vote

S5409
6
3
committee
6
Aye
3
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 4, 2013

aye wr (2)

S5409 - Details

Law Section:
Real Property Tax Law
Laws Affected:
Add §467-h, RPT L

S5409 - Summary

Allows municipalities to pass local laws granting a real property tax deferment to seniors.

S5409 - Sponsor Memo

S5409 - Bill Text download pdf

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

                                  5409

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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 allowing muni-
  cipalities to pass a local law granting a tax  deferment  for  persons
  sixty-five years of age or older

  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 467-g to read as follows:
  S 467-G. DEFERRAL OF REAL PROPERTY TAX FOR PERSONS SIXTY-FIVE YEARS OF
AGE  OR  OLDER.  1.  (A) AFTER A PUBLIC HEARING, THE GOVERNING BODY OF A
COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A  LOCAL  LAW,  GRANTING  A  TAX
DEFERMENT  FOR  REAL PROPERTY OWNED AND OCCUPIED BY ONE OR MORE PERSONS,
EACH OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OLDER, OR REAL PROPERTY OWNED
AND OCCUPIED BY SPOUSES OR BY SIBLINGS, ONE OF WHOM IS SIXTY-FIVE  YEARS
OF  AGE  OR  OLDER. FOR PURPOSES OF THIS SECTION, "SIBLING" SHALL MEAN A
BROTHER OR A SISTER, WHETHER RELATED THROUGH HALF BLOOD, WHOLE BLOOD  OR
ADOPTION.
  (B) APPLICATION FOR SUCH DEFERMENT SHALL BE MADE ANNUALLY BY THE OWNER
OR OWNERS OF SUCH REAL PROPERTY. NO APPLICATION FOR SUCH DEFERMENT SHALL
BE  GRANTED  TO ANY OWNER WITH A TOTAL INCOME EXCEEDING SEVENTY THOUSAND
DOLLARS.  FOR PURPOSES OF THIS SECTION, "INCOME" SHALL  MEAN  THE  GROSS
INCOME  OF  THE OWNER OR OWNERS OF SUCH PROPERTY FOR THE INCOME TAX YEAR
IMMEDIATELY PRECEDING THE DATE OF APPLICATION  FOR  SUCH  DEFERMENT  AND
SHALL  INCLUDE  SOCIAL SECURITY AND RETIREMENT BENEFITS, INTEREST, DIVI-
DENDS, TOTAL GAIN FROM THE SALE OR EXCHANGE OF A CAPITAL ASSET WHICH MAY
BE OFFSET BY A LOSS FROM THE SALE OR EXCHANGE OF A CAPITAL ASSET IN  THE
SAME  INCOME  TAX  YEAR, NET RENTAL INCOME, EARNED INCOME FROM SALARY OR
EARNINGS AND NET INCOME FROM SELF-EMPLOYMENT, BUT SHALL  NOT  INCLUDE  A
RETURN  OF CAPITAL, GIFTS OR INHERITANCES. THE AGE OF EACH OWNER OF SUCH
PROPERTY SHALL BE THE AGE OF SUCH PERSON  AT  THE  COMMENCEMENT  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11000-02-3

S5409A (ACTIVE) - Details

Law Section:
Real Property Tax Law
Laws Affected:
Add §467-h, RPT L

S5409A (ACTIVE) - Summary

Allows municipalities to pass local laws granting a real property tax deferment to seniors.

S5409A (ACTIVE) - Sponsor Memo

S5409A (ACTIVE) - Bill Text download pdf

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

                                 5409--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Aging  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 allowing muni-
  cipalities  to  pass  a local law granting a tax deferment for persons
  sixty-five years of age or older

  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 467-h to read as follows:
  S 467-H. DEFERRAL OF REAL PROPERTY TAX FOR PERSONS SIXTY-FIVE YEARS OF
AGE OR OLDER. 1. (A) AFTER A PUBLIC HEARING, THE  GOVERNING  BODY  OF  A
COUNTY,  CITY,  TOWN  OR  VILLAGE  MAY ADOPT A LOCAL LAW, GRANTING A TAX
DEFERMENT FOR REAL PROPERTY OWNED AND OCCUPIED BY ONE OR  MORE  PERSONS,
EACH OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OLDER, OR REAL PROPERTY OWNED
AND  OCCUPIED BY SPOUSES OR BY SIBLINGS, ONE OF WHOM IS SIXTY-FIVE YEARS
OF AGE OR OLDER. FOR PURPOSES OF THIS SECTION, "SIBLING"  SHALL  MEAN  A
BROTHER  OR A SISTER, WHETHER RELATED THROUGH HALF BLOOD, WHOLE BLOOD OR
ADOPTION.
  (B) APPLICATION FOR SUCH DEFERMENT SHALL BE MADE ANNUALLY BY THE OWNER
OR OWNERS OF SUCH REAL PROPERTY. NO APPLICATION FOR SUCH DEFERMENT SHALL
BE GRANTED TO ANY OWNER WITH A TOTAL INCOME EXCEEDING  SEVENTY  THOUSAND
DOLLARS.    FOR  PURPOSES OF THIS SECTION, "INCOME" SHALL MEAN THE GROSS
INCOME OF THE OWNER OR OWNERS OF SUCH PROPERTY FOR THE INCOME  TAX  YEAR
IMMEDIATELY  PRECEDING  THE  DATE  OF APPLICATION FOR SUCH DEFERMENT AND
SHALL INCLUDE SOCIAL SECURITY AND RETIREMENT BENEFITS,  INTEREST,  DIVI-
DENDS, TOTAL GAIN FROM THE SALE OR EXCHANGE OF A CAPITAL ASSET WHICH MAY
BE  OFFSET BY A LOSS FROM THE SALE OR EXCHANGE OF A CAPITAL ASSET IN THE
SAME INCOME TAX YEAR, NET RENTAL INCOME, EARNED INCOME  FROM  SALARY  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11000-03-4

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