NY State Senate Bill 2015-S7942A

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2016	print number 7942a
Jun 06, 2016	amend (t) and recommit to local government
May 26, 2016	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S7942 - Details

See Assembly Version of this Bill:: A10416
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-s, RPT L

2015-S7942 - Summary

Provides a residential revaluation exemption in a county with a population of not less than 930,000 and not more than 1,200,000; establishes eligibility for such exemption and provides the exemption calculation; makes related provisions.

2015-S7942 - Sponsor Memo

                                 BILL NUMBER:  S7942                Revised 05/27/16

 TITLE OF BILL :

An act to amend the real property tax law, in relation to a
residential reassessment exemption

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to soften the effects of a
reassessment by authorizing a two-year phase-in of assessment
increases for certain residential properties.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. A new section § 485-s is added to the Real Property Tax
Law. § 485-s. Residential Reassessment Exemption. 1. Applicability.
The governing body of an assessing unit within a county with a
population of not less than 930,000 and not more than 1,200,000 based
upon the latest decennial census, may, after the a public hearing, to
adopt a residential reassessment exemption. After such adoption by the
assessing unit, the exemption would also apply in the same manner and
to the same extent to each village, county, special district or school
district that levies taxes on the assessment roll prepared by such
assessing unit. 2. Eligibility. To qualify for the exemption a
property must be a one, two, or three family residential property,

provided that in an approved assessing unit dwelling units held in
condominium form of ownership that are classified in the homestead tax
class would also be eligible. The property also must be eligible to
receive the STAR exemption or the owner or owners must be eligible to
receive the personal income tax school tax relief (STAR) credit for
the property. The property must also have a Certificate of Occupancy
or a temporary Certificate of Occupancy and must not have any
delinquent taxes. By local law, the assessing unit may require an
interior inspection of the properties, and may exclude eligibility to
properties with outstanding code violations. Additionally, the
assessing unit may by local law, limit the exemption to properties
that experience an increase in assessed value that exceeds a set value
threshold. The exemption would be for a period of two years to the
extent of 66% of the increase in the equalized assessed value in the
first year of the reassessment, and 44% of the increase in the
equalized assessed value of the property in the second year. The
exemption would not apply to any increase in the assessed value of a
property due to physical improvements or the removal or reduction of
an exemption on the proper- ty. Also, the exemption would be granted
only upon application by the owner or owners of the property. In the
event that the property transfers ownership or otherwise ceases to
meet the eligibility requirements, the exemption would be
discontinued.

Section 2. Establishes special provisions for assessing units that
adopt the provisions for the 2016 assessment roll due to the fact that
such assessing units will need to implement the exemption later in the
assessment cycle than is authorized by State and local law.

Section 3. Establishes the effective date.

 JUSTIFICATION :

Currently, in New York State, assessing units are not required to
conduct cyclical reassessments. As a result, reassessment activity is
very inconsistent across the State. Some assessing units conduct
reassessments annually, while others have not reassessed since the
early part of the 20th century. Generally, the more time that passes
between reassessment, the more inequitable the assessments become,
causing some taxpayers to pay too much in taxes, and others pay too
little. One challenge that a municipality must overcome when deciding
to undertake a reassessment, is the fact that for some taxpayers a
reassessment will result in a sudden increase in property taxes.
Although these increases may be in the interest of fairness, they can
be jarring, especially for homeowners. This legislation gives a
community the option to briefly phase-in the increased assessments
that some residents will experience due to this process. New York
State encourages reassessment, and this legislation will help make it
easier for communities to take the important step of conducting
reassessments, while allowing some residents to prepare financially
for increased tax liabilities.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

There are no fiscal implications to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7942 - Bill Text download pdf

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

                                  7942

                            I N  S E N A T E

                              May 26, 2016
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in relation to a  residential
  reassessment exemption

  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 485-s to read as follows:
  S  485-S.  RESIDENTIAL REASSESSMENT EXEMPTION. 1.  APPLICABILITY.  THE
GOVERNING BODY OF AN ASSESSING UNIT LOCATED WITHIN A COUNTY WITH A POPU-
LATION OF NOT LESS THAN NINE HUNDRED THIRTY THOUSAND AND NOT  MORE  THAN
ONE MILLION TWO HUNDRED THOUSAND BASED UPON THE LATEST DECENNIAL CENSUS,
MAY,  AFTER  A  PUBLIC  HEARING, ADOPT THE PROVISIONS OF THIS SECTION BY
LOCAL LAW IN THE FIRST YEAR OF A REVALUATION TO  PROVIDE  A  RESIDENTIAL
REASSESSMENT EXEMPTION. IF THE GOVERNING BODY OF AN ASSESSING UNIT PASS-
ES  A  LOCAL LAW PURSUANT TO THIS SUBDIVISION, SUCH EXEMPTION SHALL ALSO
APPLY IN THE SAME MANNER AND TO THE SAME EXTENT TO EACH VILLAGE, COUNTY,
SPECIAL DISTRICT OR SCHOOL DISTRICT THAT LEVIES TAXES ON THE  ASSESSMENT
ROLL  PREPARED BY SUCH ASSESSING UNIT. AN INDEPENDENT ASSESSING VILLAGE,
WITHIN AN ASSESSING UNIT THAT  HAS  CONDUCTED  A  REVALUATION  AND  THAT
CHOOSES  TO  ADOPT  THAT  ASSESSING UNIT'S LATEST FIXED FINAL ASSESSMENT
ROLL IS PERMITTED TO ADOPT THE PROVISIONS OF  THIS  SECTION  WITHIN  TWO
YEARS OF ITS IMPLEMENTATION.
  2.  ELIGIBILITY.  (A)  THE  ASSESSORS IN EACH ASSESSING UNIT THAT HAVE
ADOPTED THE PROVISIONS OF THIS SECTION SHALL, IN THE FIRST YEAR IN WHICH
REVALUATION ASSESSMENTS ARE TO BE ENTERED ON THE ASSESSMENT ROLL AND FOR
THE NEXT SUCCEEDING YEAR, APPLY TO EACH ELIGIBLE RESIDENTIAL PROPERTY AN
EXEMPTION AS PROVIDED IN SUBDIVISION THREE  OF  THIS  SECTION.  FOR  THE
PURPOSE  OF  THIS  SECTION, TO BE AN "ELIGIBLE RESIDENTIAL PROPERTY" THE
FOLLOWING CRITERIA MUST BE MET:
  (I) THE PROPERTY MUST BE A ONE-,  TWO-,  OR  THREE-FAMILY  RESIDENTIAL
PROPERTY,  PROVIDED  THAT  IN  AN APPROVED ASSESSING UNIT DWELLING UNITS
HELD IN CONDOMINIUM FORM OF OWNERSHIP THAT ARE CLASSIFIED IN  THE  HOME-
STEAD TAX CLASS SHALL ALSO BE ELIGIBLE;

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

                                                           LBD15595-03-6

S. 7942                             2

  (II)  THE  PROPERTY  MUST  BE  ELIGIBLE  TO RECEIVE THE STAR EXEMPTION
AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY  TAX
LAW  OR  THE  OWNER  OR  OWNERS MUST BE ELIGIBLE TO RECEIVE THE PERSONAL
INCOME TAX SCHOOL TAX RELIEF  (STAR)  CREDIT  AUTHORIZED  BY  SUBSECTION
(EEE)  OF  SECTION SIX HUNDRED SIX OF THE TAX LAW, AS ADDED BY SECTION 6
OF PART A OF CHAPTER 60 OF THE LAWS OF 2016, FOR SUCH PROPERTY.
  (III) IN ANY GIVEN YEAR, THE OWNER OR OWNERS RECEIVING  THE  EXEMPTION
PURSUANT  TO  THIS  SECTION MUST BE THE SAME AS THE OWNER OR OWNERS THAT
APPEARED ON THE ASSESSMENT ROLL UPON WHICH THE  REASSESSMENT  IS  IMPLE-
MENTED;
  (IV)  THE PROPERTY MUST HAVE A CERTIFICATE OF OCCUPANCY OR A TEMPORARY
CERTIFICATE OF OCCUPANCY; AND
  (V) THE PROPERTY MUST NOT HAVE ANY DELINQUENT TAXES AS OF THE  TAXABLE
STATUS DATE FOR THE ROLL ON WHICH AN EXEMPTION IS APPLIED.
  (B)  IN  ADDITION  TO  THE  CRITERIA PROVIDED IN PARAGRAPH (A) OF THIS
SUBDIVISION, AN ASSESSING UNIT MAY  FURTHER  LIMIT  THE  ELIGIBILITY  TO
ELIGIBLE  RESIDENTIAL  PROPERTY WHOSE FULL VALUE INCREASE EXCEEDED A SET
VALUE THRESHOLD AS SPECIFIED IN THEIR LOCAL LAW ADOPTING THE  PROVISIONS
OF  THIS  SECTION.    IF  PROVIDED  BY LOCAL LAW, THE ASSESSING UNIT MAY
REQUIRE AN INTERIOR INSPECTION OF THE PROPERTY BY THE DESIGNEE  OF  SUCH
ASSESSING  UNIT.  IF PROVIDED BY LOCAL LAW, THE ASSESSING UNIT MAY ELECT
TO GRANT EXEMPTIONS TO ONLY THOSE PROPERTIES THAT DO NOT HAVE  OUTSTAND-
ING BUILDING CODE VIOLATIONS.
  3.  EXEMPTION CALCULATION. (A)(I) THE EXEMPTION SHALL BE COMPUTED WITH
RESPECT TO A PERCENTAGE OF THE  "EXEMPTION  BASE."  THE  EXEMPTION  BASE
SHALL  BE  THE INCREASE IN THE EQUALIZED ASSESSED VALUE OF A PROPERTY ON
THE ASSESSMENT ROLL UPON WHICH THE REASSESSMENT IS IMPLEMENTED OVER  THE
PRIOR  YEAR'S  EQUALIZED  ASSESSED  VALUE,  AS DETERMINED IN THE INITIAL
YEAR. THE EQUALIZED ASSESSED VALUE SHALL BE DETERMINED BY  APPLYING  THE
APPLICABLE  CHANGE  IN  LEVEL  OF ASSESSMENT FACTOR. SUCH EXEMPTION BASE
SHALL NOT INCLUDE INCREASES DUE TO A PHYSICAL IMPROVEMENT OR  A  REMOVAL
OR REDUCTION OF AN EXEMPTION ON PROPERTY.
  (II)  ANY  INCREASE  IN  THE  ASSESSMENT OF A PROPERTY DUE TO PHYSICAL
CHANGES IN THE YEAR FOLLOWING  THE  IMPLEMENTATION  ROLL  SHALL  NOT  BE
ELIGIBLE FOR THE EXEMPTION. IN THE EVENT THAT ANY PORTION OF A PARCEL IS
FULLY  OR  PARTIALLY REMOVED FROM THE ROLL DURING THE YEAR FOLLOWING THE
IMPLEMENTATION ROLL BY REASON OF FIRE, DEMOLITION,  DESTRUCTION  OR  NEW
EXEMPTION,  THE  ASSESSOR  SHALL  REDUCE THE EXEMPTION FOR ANY REMAINING
PORTION IN THE SAME PROPORTION ASSESSMENT  IS  REDUCED  FOR  SUCH  FIRE,
DEMOLITION, DESTRUCTION OR NEW EXEMPTION.
  (B)(I) THE EXEMPTION SHALL BE TO THE EXTENT OF SIXTY-SIX PER CENTUM OF
THE EXEMPTION BASE IN YEAR ONE, THIRTY-THREE PER CENTUM OF THE EXEMPTION
BASE  IN  YEAR  TWO,  AND  ZERO PER CENTUM OF THE EXEMPTION BASE IN YEAR
THREE.
  (II) THE FOLLOWING TABLE  SHALL  ILLUSTRATE  THE  COMPUTATION  OF  THE
EXEMPTION:
     YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
     1                        66% OF EXEMPTION BASE
     2                        33% OF EXEMPTION BASE
     3                        0% OF EXEMPTION BASE
  4.  GRANTING  OF EXEMPTION.   (A) SUCH EXEMPTION SHALL BE GRANTED ONLY
UPON APPLICATION BY THE OWNER OR OWNERS OF SUCH REAL PROPERTY ON A  FORM
PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE
ASSESSOR  ON  OR  BEFORE  THE  APPROPRIATE  TAXABLE  STATUS DATE FOR THE
ASSESSMENT ROLL UPON WHICH THE REASSESSMENT IS IMPLEMENTED.

S. 7942                             3

  (B) IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION  AND  THE  PORTION OF THE INCREASED ASSESSMENT SHALL BE EXEMPT FROM
TAXATION AND SPECIAL AD VALOREM LEVIES FOR TOWN, COUNTY, SCHOOL, AND  IF
APPLICABLE VILLAGE PURPOSES, AS IN THIS SECTION PROVIDED COMMENCING WITH
THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE. THE ASSESSED
VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED
BY  THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE AMOUNT OF THE EXEMPTION
SHOWN IN A SEPARATE COLUMN.
  (C) IN THE EVENT THAT THE RESIDENTIAL PROPERTY  GRANTED  AN  EXEMPTION
PURSUANT TO THIS SECTION TRANSFERS OWNERSHIP OR OTHERWISE CEASES TO MEET
THE ELIGIBILITY REQUIREMENTS OF THE EXEMPTION IN SUBDIVISION TWO OF THIS
SECTION, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE DISCON-
TINUED.  UPON  DETERMINING  THAT  AN  EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHOULD BE DISCONTINUED, THE ASSESSOR  SHALL  MAIL  A  NOTICE  SO
STATING  TO  THE  OWNER  OR OWNERS THEREOF AT THE TIME AND IN THE MANNER
PROVIDED BY SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  S 2. The following provisions shall apply in an  assessing  unit  that
adopts  the provisions of section 485-s of the real property tax law for
an assessment roll finalized in the year 2016. Notwithstanding paragraph
(a) of subdivision 4 of section 485-s of  the  real  property  tax  law,
applications for exemption shall be filed with the assessor on or before
a  date  specified  in the local law adopting the provisions of 485-s of
the real property tax law. If the form of the application for  exemption
has  not  yet  been  prescribed by the commissioner thirty days prior to
such date specified in the local law, a form prescribed by the assessing
unit may be used in its place. Notwithstanding any other section of  law
to the contrary, to the extent the taxable assessed value of the proper-
ty  originally  appearing  on  such  roll exceeds the amount to which it
should be reduced pursuant to section 485-a of  the  real  property  tax
law,  the  assessor  shall  amend  the  assessment roll accordingly. The
assessor shall give written notice of such  exemption  to  the  property
owner,  who may, if he or she believes that the exemption was recomputed
incorrectly, apply for a correction in  the  manner  provided  by  title
three of article five of the real property tax law for the correction of
clerical  errors.  Where  the  assessor  denies an exemption pursuant to
section 485-s of the real property tax law for the 2016 assessment roll,
the property owner may file a complaint with  the  board  of  assessment
review. Such board shall reconvene on a date or dates established by the
assessing  unit,  provided at least ten days' notice is given in writing
to the property owner, to hear the appeal and determine the matter,  and
shall mail written notice of its determination to the assessor and prop-
erty  owner.  Notwithstanding  sections 283.161 and 283.171 of the West-
chester County Administrative Code, for the purpose of implementing  the
residential reassessment exemption, the assessor or assessors shall file
the  2016  assessment  roll  on or before the first day of December. The
rights contained in this act shall  not  otherwise  diminish  any  other
legally available right of any property owner or party who may otherwise
lawfully  challenge  the valuation or assessment of any real property or
improvements thereon. All remaining rights hereby remain  and  shall  be
available  to the party to whom such rights would otherwise be available
notwithstanding this act.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on and after January 1, 2016.

co-Sponsors

2015-S7942A (ACTIVE) - Details

See Assembly Version of this Bill:: A10416
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-s, RPT L

2015-S7942A (ACTIVE) - Summary

2015-S7942A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7942A

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to a residential revaluation exemption

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to soften the effects of a
reassessment by authorizing a two-year phase-in of assessment
increases for certain residential properties.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. A new section § 485-s is added to the Real Property Tax
Law. § 485-s. Residential Revaluation Exemption. 1. Applicability.
The governing body of an assessing unit within a county with a
population of not less than 930,000 and not more than 1,200,000 based
upon the latest decennial census, may, after the a public hearing, to
adopt a residential revaluation exemption. After such adoption by the
assessing unit, the exemption would also apply in the same manner and
to the same extent to each village, county, special district or school
district that levies taxes on the assessment roll prepared by such
assessing unit. 2. Eligibility. To qualify for the exemption a
property must be a one, two, or three family residential property,
provided that in an approved assessing unit dwelling units held in
condominium form of ownership that are classified in the homestead tax

class would also be eligible. The property also must be eligible to
receive the STAR exemption or the owner or owners must be eligible to
receive the personal income tax school tax relief (STAR) credit for
the property. The property must also have a Certificate of Occupancy
or a temporary Certificate of Occupancy and must not have any
delinquent taxes. By local law, the assessing unit may exclude
eligibility to properties with outstanding code violations.
Additionally, the assessing unit may by local law, limit the exemption
to properties that experience an increase in assessed value that
exceeds a set value threshold. The exemption would be for a period of
two years to the extent of 66% of the amount by which the revaluation
assessed value exceeds the prior year's equalized assessed value in
the first year of the revaluation, and 33% of such amount in the
second year. The exemption would not apply to any increase in the
assessed value of a property due to physical improvements or the
removal or reduction of an exemption on the property. Also, the
exemption would be granted only upon application by the owner or
owners of the property. In the event that the property transfers
ownership or otherwise ceases to meet the eligibility requirements,
the exemption would be discontinued.

Section 2. Establishes special provisions for assessing units that
adopt the provisions for the 2016 assessment roll due to the fact that
such assessing units will need to implement the exemption later in the
assessment cycle than is authorized by State and local law.

Section 3. Establishes the effective date.

 JUSTIFICATION :

Currently, in New York State, assessing units are not required to
conduct cyclical reassessments. As a result, reassessment activity is
very inconsistent across the State. Some assessing units conduct
reassessments annually, while others have not reassessed since the
early part of the 20th century. Generally, the more time that passes
between reassessment, the more inequitable the assessments become,
causing some taxpayers to pay too much in taxes, and others pay too
little. One challenge that a municipality must overcome when deciding
to undertake a reassessment, is the fact that for some taxpayers a
reassessment will result in a sudden increase in property taxes.
Although these increases may be in the interest of fairness, they can
be jarring, especially for homeowners. This legislation gives a
community the option to briefly phase-in the increased assessments
that some residents will experience due to this process. New York
State encourages reassessment, and this legislation will help make it
easier for communities to take the important step of conducting
reassessments, while allowing some residents to prepare financially
for increased tax liabilities.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

There are no fiscal implications to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7942A (ACTIVE) - Bill Text download pdf

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

                                 7942--A

                            I N  S E N A T E

                              May 26, 2016
                               ___________

Introduced  by Sens. STEWART-COUSINS, CARLUCCI -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government -- 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 a residential
  revaluation exemption

  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 485-s to read as follows:
  S 485-S. RESIDENTIAL REVALUATION EXEMPTION. 1.   APPLICABILITY.    THE
GOVERNING BODY OF AN ASSESSING UNIT LOCATED WITHIN A COUNTY WITH A POPU-
LATION  OF  NOT LESS THAN NINE HUNDRED THIRTY THOUSAND AND NOT MORE THAN
ONE MILLION TWO HUNDRED THOUSAND BASED UPON THE LATEST DECENNIAL CENSUS,
MAY, AFTER A PUBLIC HEARING, ADOPT THE PROVISIONS  OF  THIS  SECTION  BY
LOCAL  LAW  IN  THE  FIRST YEAR OF A FULL VALUE REVALUATION TO PROVIDE A
RESIDENTIAL REVALUATION EXEMPTION. IF THE GOVERNING BODY OF AN ASSESSING
UNIT PASSES A LOCAL LAW PURSUANT TO  THIS  SUBDIVISION,  SUCH  EXEMPTION
SHALL  ALSO  APPLY  IN  THE  SAME  MANNER AND TO THE SAME EXTENT TO EACH
VILLAGE, COUNTY, SPECIAL DISTRICT OR SCHOOL DISTRICT THAT  LEVIES  TAXES
ON  THE  ASSESSMENT  ROLL  PREPARED  BY SUCH ASSESSING UNIT.   A VILLAGE
ASSESSING UNIT, WITHIN AN ASSESSING UNIT THAT HAS  CONDUCTED  A  REVALU-
ATION  AND  THAT  CHOOSES  TO  ADOPT  THAT ASSESSING UNIT'S LATEST FINAL
ASSESSMENT ROLL IS PERMITTED TO ADOPT THE  PROVISIONS  OF  THIS  SECTION
WITHIN TWO YEARS OF ITS IMPLEMENTATION.
  2.  ELIGIBILITY.  (A)  THE  ASSESSORS IN EACH ASSESSING UNIT THAT HAVE
ADOPTED THE PROVISIONS OF THIS SECTION SHALL, IN THE FIRST YEAR IN WHICH
REVALUATION ASSESSMENTS ARE TO BE ENTERED ON THE ASSESSMENT ROLL AND FOR
THE NEXT SUCCEEDING YEAR, APPLY TO EACH ELIGIBLE RESIDENTIAL PROPERTY AN
EXEMPTION AS PROVIDED IN SUBDIVISION THREE  OF  THIS  SECTION.  FOR  THE
PURPOSE  OF  THIS  SECTION, TO BE AN "ELIGIBLE RESIDENTIAL PROPERTY" THE
FOLLOWING CRITERIA MUST BE MET:
  (I) THE PROPERTY MUST BE A ONE-,  TWO-,  OR  THREE-FAMILY  RESIDENTIAL
PROPERTY,  PROVIDED  THAT  IN  AN APPROVED ASSESSING UNIT DWELLING UNITS

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

                                                           LBD15595-09-6

S. 7942--A                          2

HELD IN CONDOMINIUM FORM OF OWNERSHIP THAT ARE CLASSIFIED IN  THE  HOME-
STEAD CLASS SHALL ALSO BE ELIGIBLE;
  (II)  THE  PROPERTY  MUST  BE  ELIGIBLE  TO RECEIVE THE STAR EXEMPTION
AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE  OF  THIS  TITLE  OR  THE
OWNER  OR  OWNERS  MUST  BE  ELIGIBLE TO RECEIVE THE PERSONAL INCOME TAX
SCHOOL TAX RELIEF  (STAR)  CREDIT  AUTHORIZED  BY  SUBSECTION  (EEE)  OF
SECTION  SIX HUNDRED SIX OF THE TAX LAW, AS ADDED BY SECTION SIX OF PART
A OF CHAPTER SIXTY OF THE LAWS OF TWO THOUSAND SIXTEEN, FOR SUCH PROPER-
TY.
  (III) IN ANY GIVEN YEAR, THE OWNER OR OWNERS RECEIVING  THE  EXEMPTION
PURSUANT  TO  THIS  SECTION MUST BE THE SAME AS THE OWNER OR OWNERS THAT
APPEARED ON THE ASSESSMENT ROLL UPON WHICH  THE  REVALUATION  IS  IMPLE-
MENTED;
  (IV)  THE PROPERTY MUST HAVE A CERTIFICATE OF OCCUPANCY OR A TEMPORARY
CERTIFICATE OF OCCUPANCY; AND
  (V) THE PROPERTY MUST NOT HAVE ANY DELINQUENT TAXES AS OF THE  TAXABLE
STATUS DATE FOR THE ROLL ON WHICH AN EXEMPTION IS APPLIED.
  (B)  IN  ADDITION  TO  THE  CRITERIA PROVIDED IN PARAGRAPH (A) OF THIS
SUBDIVISION, AN ASSESSING UNIT MAY  FURTHER  LIMIT  THE  ELIGIBILITY  TO
ELIGIBLE  RESIDENTIAL  PROPERTY WHOSE FULL VALUE INCREASE EXCEEDED A SET
VALUE THRESHOLD AS SPECIFIED IN THEIR LOCAL LAW ADOPTING THE  PROVISIONS
OF THIS SECTION.  IF PROVIDED BY LOCAL LAW, THE ASSESSING UNIT MAY ELECT
TO  GRANT EXEMPTIONS TO ONLY THOSE PROPERTIES THAT DO NOT HAVE OUTSTAND-
ING BUILDING CODE VIOLATIONS.
  3. EXEMPTION CALCULATION. (A)(I) THE EXEMPTION SHALL BE COMPUTED  WITH
RESPECT  TO  A  PERCENTAGE  OF  THE "EXEMPTION BASE." THE EXEMPTION BASE
SHALL BE THE AMOUNT BY WHICH THE ASSESSED VALUE OF  A  PROPERTY  ON  THE
ASSESSMENT  ROLL  UPON  WHICH THE REVALUATION IS IMPLEMENTED EXCEEDS THE
PRIOR YEAR'S EQUALIZED ASSESSED VALUE,  AS  DETERMINED  IN  THE  INITIAL
YEAR.  THE  PRIOR YEAR'S EQUALIZED ASSESSED VALUE SHALL BE DETERMINED BY
APPLYING THE APPLICABLE CHANGE IN LEVEL  OF  ASSESSMENT  FACTOR  TO  THE
PRIOR  YEAR'S  ASSESSED  VALUE.  SUCH  EXEMPTION  BASE SHALL NOT INCLUDE
INCREASES DUE TO A PHYSICAL IMPROVEMENT OR A REMOVAL OR REDUCTION OF  AN
EXEMPTION ON PROPERTY.
  (II)  ANY  INCREASE  IN  THE  ASSESSMENT OF A PROPERTY DUE TO PHYSICAL
CHANGES IN THE YEAR FOLLOWING  THE  IMPLEMENTATION  ROLL  SHALL  NOT  BE
ELIGIBLE FOR THE EXEMPTION. IN THE EVENT THAT ANY PORTION OF A PARCEL IS
FULLY  OR  PARTIALLY REMOVED FROM THE ROLL DURING THE YEAR FOLLOWING THE
IMPLEMENTATION ROLL BY REASON OF FIRE, DEMOLITION,  DESTRUCTION  OR  NEW
EXEMPTION,  THE  ASSESSOR  SHALL  REDUCE THE EXEMPTION FOR ANY REMAINING
PORTION IN THE SAME PROPORTION ASSESSMENT  IS  REDUCED  FOR  SUCH  FIRE,
DEMOLITION,  DESTRUCTION  OR NEW EXEMPTION.  IF A PROPERTY'S REVALUATION
ASSESSMENT IS REDUCED PURSUANT TO TITLE ONE-A OF ARTICLE FIVE, OR  TITLE
ONE  OR  ONE-A  OF ARTICLE SEVEN OF THIS CHAPTER, THE EXEMPTION SHALL BE
RECOMPUTED ACCORDINGLY.
  (B)(I) THE EXEMPTION SHALL BE TO THE EXTENT OF SIXTY-SIX PER CENTUM OF
THE EXEMPTION BASE IN YEAR  ONE  AND  THIRTY-THREE  PER  CENTUM  OF  THE
EXEMPTION BASE IN YEAR TWO.
  (II)  THE  FOLLOWING  TABLE  SHALL  ILLUSTRATE  THE COMPUTATION OF THE
EXEMPTION:
     YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
     1                        66% OF EXEMPTION BASE
     2                        33% OF EXEMPTION BASE
  4. GRANTING OF EXEMPTION.  (A) SUCH EXEMPTION SHALL  BE  GRANTED  ONLY
UPON  APPLICATION BY THE OWNER OR OWNERS OF SUCH REAL PROPERTY ON A FORM
PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE

S. 7942--A                          3

ASSESSOR ON OR BEFORE  THE  APPROPRIATE  TAXABLE  STATUS  DATE  FOR  THE
ASSESSMENT ROLL UPON WHICH THE REVALUATION IS IMPLEMENTED.
  (B)  IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND THE TAXABLE ASSESSED VALUE SHALL BE REDUCED BY  THE  EXEMPTION,
AS IN THIS SECTION PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED
AFTER  THE  TAXABLE  STATUS  DATE.  THE  ASSESSED VALUE OF ANY EXEMPTION
GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE
ASSESSMENT ROLL WITH THE AMOUNT OF THE EXEMPTION  SHOWN  IN  A  SEPARATE
COLUMN.
  (C)  IN  THE  EVENT THAT THE RESIDENTIAL PROPERTY GRANTED AN EXEMPTION
PURSUANT TO THIS SECTION TRANSFERS OWNERSHIP OR OTHERWISE CEASES TO MEET
THE ELIGIBILITY REQUIREMENTS OF THE EXEMPTION IN SUBDIVISION TWO OF THIS
SECTION, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE DISCON-
TINUED. UPON DETERMINING THAT AN  EXEMPTION  GRANTED  PURSUANT  TO  THIS
SECTION  SHOULD  BE  DISCONTINUED,  THE  ASSESSOR SHALL MAIL A NOTICE SO
STATING TO THE OWNER OR OWNERS THEREOF AT THE TIME  AND  IN  THE  MANNER
PROVIDED BY SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  S  2.  The  following provisions shall apply in an assessing unit that
adopts the provisions of section 485-s of the real property tax law  for
an assessment roll finalized in the year 2016. Notwithstanding paragraph
(a)  of  subdivision  4  of  section 485-s of the real property tax law,
applications for exemption shall be filed with the assessor on or before
a date specified in the local law adopting  the  provisions  of  section
485-s of the real property tax law on a form prescribed by the assessing
unit.   Notwithstanding any other section of law to the contrary, to the
extent the taxable assessed value of the property  originally  appearing
on  such  roll exceeds the amount to which it should be reduced pursuant
to section 485-s of the real property tax law, the assessor shall  amend
the  assessment roll accordingly. The assessor shall give written notice
of such exemption to the property owner.  Where the assessor  denies  an
exemption  or  incorrectly  calculates the exemption pursuant to section
485-s of the real property tax law for the  2016  assessment  roll,  the
property owner may file a complaint with the board of assessment review.
Such board shall reconvene on a date or dates established by the assess-
ing  unit,  provided  at  least ten days' notice is given in writing; by
certified mail, return receipt requested, to the property owner, to hear
the appeal and determine the matter, and shall mail  written  notice  of
its  determination  to  the assessor and property owner. Notwithstanding
sections 283.161 and 283.171 of the  Westchester  County  Administrative
Code,  for  the  purpose  of  implementing  the  residential revaluation
exemption, the assessor or assessors shall file the 2016 assessment roll
on or before the first day of December. The rights contained in this act
shall not otherwise diminish any other legally available  right  of  any
property  owner  or party who may otherwise lawfully challenge the valu-
ation or assessment of any real property or  improvements  thereon.  All
remaining  rights  hereby  remain and shall be available to the party to
whom such rights would otherwise be available notwithstanding this act.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on and after January 1, 2016.

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Senate Bill S7942A

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Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - In Senate Committee Local Government Committee

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David Carlucci

2015-S7942 - Details

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co-Sponsors

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