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

                                  7824

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the real property tax law, in relation to authorizing  a
  real property tax exemption for combat veterans

  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 458-c to read as follows:
  S 458-C. COMBAT VETERAN EXEMPTION. 1. AS USED IN THIS SECTION:
  (A)  "ARMED  FORCES  OF  THE UNITED STATES" MEANS SERVICE IN THE ARMY,
NAVY (INCLUDING THE MARINE CORPS), AIR  FORCE  OR  COAST  GUARD  OF  THE
UNITED STATES.
  (B) "COMBAT VETERAN" MEANS ANY PERSON HAVING SERVED IN THE ARMED FORC-
ES  OF  THE  UNITED  STATES AFTER THE GULF WAR, AND WHO WAS SUBSEQUENTLY
DISCHARGED  OR  RELEASED  THEREFROM  UNDER  HONORABLE  CONDITIONS,   WHO
RECEIVED  HOSTILE FIRE PAY OR IMMINENT DANGER PAY FROM THE UNITED STATES
DEPARTMENT OF DEFENSE.
  (C) "QUALIFIED OWNER" MEANS A COMBAT VETERAN, THE SPOUSE OF A  VETERAN
OR  THE  UNREMARRIED  SURVIVING  SPOUSE  OF A VETERAN. WHERE PROPERTY IS
OWNED BY MORE THAN ONE QUALIFIED OWNER, THE EXEMPTION TO WHICH  EACH  IS
ENTITLED  MAY  BE  COMBINED.  WHERE  THE VETERAN IS ALSO THE UNREMARRIED
SURVIVING SPOUSE  OF  A  VETERAN,  SUCH  PERSON  MAY  ALSO  RECEIVE  ANY
EXEMPTION TO WHICH THE DECEASED SPOUSE WAS ENTITLED.
  (D)  "QUALIFIED  RESIDENTIAL  REAL PROPERTY" MEANS PROPERTY OWNED BY A
QUALIFIED OWNER WHICH IS  USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;
PROVIDED  HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
SO USED EXCLUSIVELY FOR  RESIDENTIAL  PURPOSE  BUT  IS  USED  FOR  OTHER
PURPOSES,  SUCH  PORTION  SHALL BE SUBJECT TO TAXATION AND THE REMAINING
PORTION ONLY SHALL  BE  ENTITLED  TO  THE  EXEMPTION  PROVIDED  BY  THIS
SECTION.  SUCH  PROPERTY  MUST  BE  THE  PRIMARY RESIDENCE OF THE COMBAT
VETERAN OR THE UNREMARRIED  SURVIVING  SPOUSE  OF  THE  COMBAT  VETERAN,
UNLESS  THE  VETERAN  OR UNREMARRIED SURVIVING SPOUSE IS ABSENT FROM THE
PROPERTY DUE TO MEDICAL REASONS OR INSTITUTIONALIZATION.  IN  THE  EVENT

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

                                                           LBD15080-01-6

S. 7824                             2

THE VETERAN DIES AND THERE IS NO UNREMARRIED SURVIVING SPOUSE, "QUALIFY-
ING RESIDENTIAL REAL PROPERTY" SHALL MEAN THE PRIMARY RESIDENCE OWNED BY
A QUALIFIED OWNER PRIOR TO DEATH, PROVIDED THAT THE TITLE TO THE PROPER-
TY  BECOMES  VESTED IN THE DEPENDENT FATHER OR MOTHER OR DEPENDENT CHILD
OR CHILDREN UNDER TWENTY-ONE YEARS OF AGE OF  A  VETERAN  BY  VIRTUE  OF
DEVISE  BY  OR  DESCENT FROM THE DECEASED QUALIFIED OWNER, PROVIDED THAT
THE PROPERTY IS THE PRIMARY RESIDENCE OF ONE OR ALL OF THE DEVISEES.
  (E) "SERVICE CONNECTED" MEANS, WITH RESPECT TO  DISABILITY  OR  DEATH,
THAT  SUCH  DISABILITY  WAS  INCURRED  OR  AGGRAVATED, OR THAT THE DEATH
RESULTED FROM A DISABILITY INCURRED OR AGGRAVATED, IN THE LINE  OF  DUTY
IN THE ARMED FORCES OF THE UNITED STATES.
  (F)  "LATEST  STATE  EQUALIZATION  RATE"  MEANS THE LATEST FINAL STATE
EQUALIZATION RATE  OR  SPECIAL  EQUALIZATION  RATE  ESTABLISHED  BY  THE
COMMISSIONER  PURSUANT  TO  ARTICLE TWELVE OF THIS CHAPTER.  THE COMMIS-
SIONER SHALL ESTABLISH A SPECIAL EQUALIZATION  RATE  IF  IT  FINDS  THAT
THERE  HAS  BEEN  A MATERIAL CHANGE IN THE LEVEL OF ASSESSMENT SINCE THE
ESTABLISHMENT OF THE LATEST STATE EQUALIZATION RATE,  BUT  IN  NO  EVENT
SHALL  SUCH  SPECIAL  EQUALIZATION RATE EXCEED ONE HUNDRED. IN THE EVENT
THAT THE STATE EQUALIZATION RATE EXCEEDS ONE  HUNDRED,  THEN  THE  STATE
EQUALIZATION RATE SHALL BE ONE HUNDRED FOR THE PURPOSES OF THIS SECTION.
WHERE  A  SPECIAL  EQUALIZATION RATE IS ESTABLISHED FOR PURPOSES OF THIS
SECTION, THE ASSESSOR IS DIRECTED AND AUTHORIZED TO RECOMPUTE THE COMBAT
VETERAN EXEMPTION ON THE ASSESSMENT ROLL BY APPLYING SUCH SPECIAL EQUAL-
IZATION RATE INSTEAD OF THE LATEST STATE EQUALIZATION  RATE  APPLIED  IN
THE PREVIOUS YEAR AND TO MAKE THE APPROPRIATE CORRECTIONS ON THE ASSESS-
MENT  ROLL,  NOTWITHSTANDING THE FACT THAT SUCH ASSESSOR MAY RECEIVE THE
SPECIAL EQUALIZATION RATE AFTER THE COMPLETION, VERIFICATION AND  FILING
OF  SUCH  FINAL ASSESSMENT ROLL. IN THE EVENT THAT THE ASSESSOR DOES NOT
HAVE CUSTODY OF THE ROLL WHEN SUCH RECOMPUTATION  IS  ACCOMPLISHED,  THE
ASSESSOR  SHALL  CERTIFY SUCH RECOMPUTATION TO THE LOCAL OFFICERS HAVING
CUSTODY AND CONTROL OF SUCH ROLL, AND SUCH  LOCAL  OFFICERS  ARE  HEREBY
DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED COMBAT VETERAN EXEMPTION
CERTIFIED BY THE ASSESSOR ON SUCH ROLL.
  (G)  "LATEST  CLASS  RATIO"  MEANS THE LATEST FINAL CLASS RATIO ESTAB-
LISHED BY THE COMMISSIONER PURSUANT TO TITLE ONE OF  ARTICLE  TWELVE  OF
THIS  CHAPTER  FOR USE IN A SPECIAL ASSESSING UNIT AS DEFINED IN SECTION
EIGHTEEN HUNDRED ONE OF THIS CHAPTER.
  2. (A) QUALIFYING RESIDENTIAL REAL PROPERTY SHALL BE EXEMPT FROM TAXA-
TION TO THE EXTENT OF FIFTEEN PERCENT OF  THE  ASSESSED  VALUE  OF  SUCH
PROPERTY;  PROVIDED HOWEVER, THAT SUCH EXEMPTION SHALL NOT EXCEED TWELVE
THOUSAND DOLLARS OR THE PRODUCT OF TWELVE THOUSAND DOLLARS MULTIPLIED BY
THE LATEST STATE EQUALIZATION RATE FOR THE ASSESSING  UNIT,  OR  IN  THE
CASE  OF  A SPECIAL ASSESSING UNIT, THE LATEST CLASS RATIO, WHICHEVER IS
LESS.
  (B) IN ADDITION TO THE EXEMPTION PROVIDED BY  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  WHERE  THE  COMBAT  VETERAN  SERVED IN A COMBAT THEATRE OR
COMBAT ZONE OF OPERATIONS, AS DESIGNATED BY AN EXECUTIVE ORDER FROM  THE
PRESIDENT,  QUALIFYING  RESIDENTIAL  REAL  PROPERTY ALSO SHALL BE EXEMPT
FROM TAXATION TO THE EXTENT OF 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 FOR THE ASSESSING  UNIT,  OR  IN  THE
CASE OF A SPECIAL ASSESSING UNIT, THE CLASS RATIO, WHICHEVER IS LESS.
  (C)  IN  ADDITION TO THE EXEMPTIONS PROVIDED BY PARAGRAPHS (A) AND (B)
OF THIS SUBDIVISION, WHERE THE COMBAT VETERAN  RECEIVED  A  COMPENSATION
RATING  FROM  THE  UNITED  STATE'S  VETERANS  ADMINISTRATION OR FROM THE

S. 7824                             3

UNITED STATES DEPARTMENT OF DEFENSE BECAUSE OF A SERVICE CONNECTED DISA-
BILITY, QUALIFYING RESIDENTIAL REAL PROPERTY SHALL BE EXEMPT FROM  TAXA-
TION TO THE EXTENT OF THE PRODUCT OF THE ASSESSED VALUE OF SUCH PROPERTY
MULTIPLIED   BY  FIFTY  PERCENT  OF  THE  VETERAN'S  DISABILITY  RATING;
PROVIDED, HOWEVER, THAT SUCH EXEMPTION SHALL NOT EXCEED  FORTY  THOUSAND
DOLLARS  OR  THE  PRODUCT  OF  FORTY  THOUSAND DOLLARS MULTIPLIED BY THE
LATEST STATE EQUALIZATION RATE FOR THE ASSESSING UNIT, OR IN THE CASE OF
A SPECIAL ASSESSING UNIT, THE LATEST CLASS  RATIO,  WHICHEVER  IS  LESS.
FOR  PURPOSES  OF THIS PARAGRAPH, WHERE A COMBAT VETERAN DIED IN SERVICE
OF A SERVICE CONNECTED DISABILITY, SUCH PERSON SHALL BE DEEMED  TO  HAVE
BEEN ASSIGNED A COMPENSATION RATING OF ONE HUNDRED PERCENT.
  (D)  LIMITATIONS.  (I)  THE  EXEMPTION  FROM TAXATION PROVIDED BY THIS
SUBDIVISION SHALL BE APPLICABLE TO COUNTY, CITY, TOWN VILLAGE AND SCHOOL
DISTRICT TAXATION IF THE GOVERNING BODY OF THE SCHOOL DISTRICT IN  WHICH
THE  PROPERTY  IS  LOCATED,  AFTER  PUBLIC HEARINGS, ADOPTS A RESOLUTION
PROVIDING SUCH EXEMPTION, THE PROCEDURE FOR SUCH HEARING AND  RESOLUTION
SHALL  BE  CONDUCTED  SEPARATELY FROM THE PROCEDURES FOR ANY HEARING AND
LOCAL LAW OR RESOLUTION CONDUCTED PURSUANT TO SUBPARAGRAPH (II) OF  THIS
PARAGRAPH,  PARAGRAPH (B) OF SUBDIVISION FOUR, PARAGRAPH (D) OF SUBDIVI-
SION SIX AND SUBDIVISION SEVEN OF THE SECTION.
  (II) EACH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT MAY  ADOPT  A
LOCAL  LAW  TO REDUCE THE MAXIMUM EXEMPTION ALLOWABLE IN PARAGRAPHS (A),
(B) AND (C) OF THIS SUBDIVISION TO NINE THOUSAND DOLLARS,  SIX  THOUSAND
DOLLARS  AND  THIRTY  THOUSAND  DOLLARS,  RESPECTIVELY,  OR SIX THOUSAND
DOLLARS, FOUR THOUSAND DOLLARS AND TWENTY THOUSAND DOLLARS,  RESPECTIVE-
LY.  EACH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT IS ALSO AUTHOR-
IZED TO ADOPT A LOCAL LAW TO INCREASE THE MAXIMUM EXEMPTION ALLOWABLE IN
PARAGRAPHS (A), (B) AND (C) OF  THIS  SUBDIVISION  TO  FIFTEEN  THOUSAND
DOLLARS,  TEN THOUSAND DOLLARS AND FIFTY THOUSAND DOLLARS, RESPECTIVELY;
EIGHTEEN THOUSAND DOLLARS, TWELVE THOUSAND DOLLARS  AND  SIXTY  THOUSAND
DOLLARS,  RESPECTIVELY;  TWENTY-ONE  THOUSAND DOLLARS, FOURTEEN THOUSAND
DOLLARS, AND SEVENTY THOUSAND DOLLARS, RESPECTIVELY;  TWENTY-FOUR  THOU-
SAND  DOLLARS,  SIXTEEN  THOUSAND  DOLLARS, AND EIGHTY THOUSAND DOLLARS,
RESPECTIVELY; TWENTY-SEVEN THOUSAND DOLLARS, EIGHTEEN THOUSAND  DOLLARS,
AND  NINETY  THOUSAND  DOLLARS,  RESPECTIVELY;  THIRTY THOUSAND DOLLARS,
TWENTY THOUSAND DOLLARS, AND ONE HUNDRED THOUSAND DOLLARS, RESPECTIVELY;
THIRTY-THREE THOUSAND DOLLARS,  TWENTY-TWO  THOUSAND  DOLLARS,  AND  ONE
HUNDRED TEN THOUSAND DOLLARS, RESPECTIVELY; THIRTY-SIX THOUSAND DOLLARS,
TWENTY-FOUR  THOUSAND  DOLLARS, AND ONE HUNDRED TWENTY THOUSAND DOLLARS,
RESPECTIVELY; THIRTY-NINE THOUSAND DOLLARS, TWENTY-SIX THOUSAND DOLLARS,
AND ONE HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY;  FORTY-TWO  THOU-
SAND DOLLARS, TWENTY-EIGHT THOUSAND DOLLARS, AND ONE HUNDRED FORTY THOU-
SAND  DOLLARS,  RESPECTIVELY;  AND  FORTY-FIVE  THOUSAND DOLLARS, THIRTY
THOUSAND DOLLARS AND ONE HUNDRED FIFTY THOUSAND  DOLLARS,  RESPECTIVELY.
IN ADDITION, A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT WHICH IS A
"HIGH-APPRECIATION  MUNICIPALITY"  AS  DEFINED  IN  THIS SUBPARAGRAPH IS
AUTHORIZED TO ADOPT A LOCAL LAW TO INCREASE THE MAXIMUM EXEMPTION ALLOW-
ABLE IN PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION  TO  THIRTY-NINE
THOUSAND  DOLLARS,  TWENTY-SIX  THOUSAND DOLLARS, AND ONE HUNDRED THIRTY
THOUSAND DOLLARS, RESPECTIVELY; FORTY-TWO THOUSAND DOLLARS, TWENTY-EIGHT
THOUSAND DOLLARS, AND ONE HUNDRED FORTY THOUSAND DOLLARS,  RESPECTIVELY;
FORTY-FIVE  THOUSAND  DOLLARS,  THIRTY  THOUSAND DOLLARS AND ONE HUNDRED
FIFTY THOUSAND  DOLLARS,  RESPECTIVELY;  FORTY-EIGHT  THOUSAND  DOLLARS,
THIRTY-TWO  THOUSAND  DOLLARS  AND  ONE  HUNDRED SIXTY THOUSAND DOLLARS,
RESPECTIVELY; FIFTY-ONE THOUSAND DOLLARS, THIRTY-FOUR  THOUSAND  DOLLARS
AND ONE HUNDRED SEVENTY THOUSAND DOLLARS, RESPECTIVELY; FIFTY-FOUR THOU-

S. 7824                             4

SAND  DOLLARS,  THIRTY-SIX THOUSAND DOLLARS AND ONE HUNDRED EIGHTY THOU-
SAND DOLLARS, RESPECTIVELY; FIFTY-SEVEN THOUSAND  DOLLARS,  THIRTY-EIGHT
THOUSAND  DOLLARS AND ONE HUNDRED NINETY THOUSAND DOLLARS, RESPECTIVELY;
SIXTY  THOUSAND DOLLARS, FORTY THOUSAND DOLLARS AND TWO HUNDRED THOUSAND
DOLLARS, RESPECTIVELY; SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO  THOUSAND
DOLLARS  AND  TWO  HUNDRED TEN THOUSAND DOLLARS, RESPECTIVELY; SIXTY-SIX
THOUSAND DOLLARS, FORTY-FOUR THOUSAND DOLLARS  AND  TWO  HUNDRED  TWENTY
THOUSAND  DOLLARS,  RESPECTIVELY; SIXTY-NINE THOUSAND DOLLARS, FORTY-SIX
THOUSAND DOLLARS AND TWO HUNDRED THIRTY THOUSAND DOLLARS,  RESPECTIVELY;
SEVENTY-TWO  THOUSAND  DOLLARS,  FORTY-EIGHT  THOUSAND  DOLLARS  AND TWO
HUNDRED FORTY  THOUSAND  DOLLARS,  RESPECTIVELY;  SEVENTY-FIVE  THOUSAND
DOLLARS,  FIFTY THOUSAND DOLLARS AND TWO HUNDRED FIFTY THOUSAND DOLLARS,
RESPECTIVELY. FOR PURPOSES OF THIS  SUBPARAGRAPH,  A  "HIGH-APPRECIATION
MUNICIPALITY"  MEANS: (A) A SPECIAL ASSESSING UNIT THAT IS A CITY, (B) A
COUNTY FOR WHICH THE COMMISSIONER HAS ESTABLISHED A SALES PRICE  DIFFER-
ENTIAL  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, VILLAGE OR SCHOOL DISTRICT WHICH IS WHOLLY OR PARTLY
LOCATED WITHIN SUCH A COUNTY.
  3. APPLICATION FOR EXEMPTION MUST BE MADE BY THE OWNER, OR ALL OF  THE
OWNERS,  OF  THE  PROPERTY ON A FORM PRESCRIBED BY THE COMMISSIONER. THE
OWNER OR OWNERS SHALL FILE THE COMPLETED FORM IN THE  ASSESSOR'S  OFFICE
ON  OR  BEFORE  THE APPROPRIATE TAXABLE STATUS DATE. THE EXEMPTION SHALL
CONTINUE IN FULL FORCE AND EFFECT FOR  ALL  APPROPRIATE  SUBSEQUENT  TAX
YEARS  AND  THE OWNER OR OWNERS OF THE PROPERTY SHALL NOT BE REQUIRED TO
REFILE EACH YEAR. APPLICANTS SHALL BE REQUIRED TO REFILE  ON  OR  BEFORE
THE  APPROPRIATE  TAXABLE  STATUS  DATE  IF THE PERCENTAGE OF DISABILITY
PERCENTAGE INCREASES OR DECREASES OR MAY REFILE IF  OTHER  CHANGES  HAVE
OCCURRED WHICH AFFECT QUALIFICATION FOR AN INCREASED OR DECREASED AMOUNT
OF EXEMPTION. ANY APPLICANT CONVICTED OF MAKING ANY WILLFUL FALSE STATE-
MENT  IN  THE  APPLICATION  FOR  SUCH  EXEMPTION SHALL BE SUBJECT TO THE
PENALTIES PRESCRIBED IN THE PENAL LAW.
  3-A. NOTWITHSTANDING THE PROVISIONS  OF  THIS  SECTION  OR  ANY  OTHER
PROVISION  OF LAW, IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
APPLICATIONS FOR THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION SHALL
BE CONSIDERED TIMELY FILED IF THEY ARE FILED ON OR BEFORE THE  FIFTEENTH
DAY OF MARCH OF THE APPROPRIATE YEAR.
  4.  (A)  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SECTION, NO
LATER THAN NINETY DAYS BEFORE THE TAXABLE STATUS DATE NEXT OCCURRING  ON
OR  AFTER  THE  THIRTY-FIRST DAY OF DECEMBER TWO THOUSAND SEVENTEEN, THE
GOVERNING BOARD OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT  A  LOCAL
LAW  TO  PROVIDE  THAT  NO  EXEMPTION  SHALL BE GRANTED PURSUANT TO THIS
SECTION FOR THE PURPOSES OF TAXES LEVIED FOR SUCH COUNTY, CITY, TOWN  OR
VILLAGE.  FOR  THE  PURPOSES OF A COUNTY WHICH IS NOT AN ASSESSING UNIT,
THE TAXABLE STATUS DATE NEXT OCCURRING ON OR AFTER DECEMBER THIRTY-FIRST
TWO THOUSAND SEVENTEEN, SHALL MEAN THE FIRST SUCH TAXABLE STATUS DATE OF
ANY CITY OR TOWN WITHIN SUCH COUNTY UPON THE ASSESSMENT  ROLL  OF  WHICH
THE  COUNTY LEVIES TAXES. A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH
MAY BE REPEALED BY THE GOVERNING BOARD OF THE APPLICABLE  COUNTY,  CITY,
TOWN  OR  VILLAGE.  SUCH REPEAL MUST OCCUR AT LEAST NINETY DAYS PRIOR TO
THE TAXABLE STATUS DATE OF SUCH COUNTY, CITY, TOWN OR VILLAGE.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
LATER  THAN NINETY DAYS BEFORE THE TAXABLE STATUS DATE NEXT OCCURRING ON
OR AFTER THE THIRTY-FIRST DAY OF DECEMBER, TWO  THOUSAND  THIRTEEN,  THE
GOVERNING  BODY  OF  A  SCHOOL  DISTRICT MAY REPEAL A RESOLUTION ADOPTED
PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (D) OF SUBDIVISION TWO OF THIS

S. 7824                             5

SECTION PROVIDING THE EXEMPTION FROM TAXATION PURSUANT TO  THIS  SECTION
FOR  THE  PURPOSES  OF  TAXES  LEVIED  BY  SUCH SCHOOL DISTRICT. NOTHING
CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED TO PRECLUDE THE GOVERNING
BODY OF A SCHOOL DISTRICT FROM SUBSEQUENTLY ADOPTING A RESOLUTION GRANT-
ING SUCH EXEMPTION PURSUANT TO THIS SECTION.
  5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SECTION SHALL APPLY TO  ANY  REAL  PROPERTY  HELD  IN
TRUST  SOLELY FOR THE BENEFIT OF A PERSON OR PERSONS WHO WOULD OTHERWISE
BE ELIGIBLE FOR A REAL PROPERTY TAX EXEMPTION, PURSUANT TO THIS SECTION,
WERE SUCH PERSON OR PERSONS THE OWNER OR OWNERS OF SUCH REAL PROPERTY.
  6. (A) FOR THE PURPOSES OF THIS SECTION, TITLE TO THAT PORTION OF REAL
PROPERTY OWNED  BY  A  COOPERATIVE  APARTMENT  CORPORATION  IN  WHICH  A
TENANT-STOCKHOLDER  OF SUCH CORPORATION RESIDES AND WHICH IS REPRESENTED
BY HIS SHARE OR SHARES OF STOCK IN SUCH CORPORATION AS DETERMINED BY ITS
OR THEIR PROPORTIONAL RELATIONSHIP TO THE TOTAL OUTSTANDING STOCK OF THE
CORPORATION, INCLUDING THAT OWNED BY THE CORPORATION, SHALL BE DEEMED TO
BE VESTED IN SUCH TENANT-STOCKHOLDER.
  (B) PROVIDED THAT ALL OTHER ELIGIBILITY CRITERIA OF THIS  SECTION  ARE
MET,  THAT PROPORTION OF THE ASSESSMENT OF SUCH REAL PROPERTY OWNED BY A
COOPERATIVE APARTMENT CORPORATION DETERMINED BY THE RELATIONSHIP OF SUCH
REAL PROPERTY VESTED IN SUCH TENANT-STOCKHOLDER TO  SUCH  REAL  PROPERTY
OWNED   BY   SUCH   COOPERATIVE  APARTMENT  CORPORATION  IN  WHICH  SUCH
TENANT-STOCKHOLDER RESIDES SHALL BE SUBJECT TO EXEMPTION  FROM  TAXATION
PURSUANT  TO THIS SECTION AND ANY EXEMPTION SO GRANTED SHALL BE CREDITED
BY THE APPROPRIATE TAXING AUTHORITY AGAINST THE  ASSESSED  VALUATION  OF
SUCH REAL PROPERTY; THE REDUCTION IN REAL PROPERTY TAXES REALIZED THERE-
BY  SHALL  BE  CREDITED BY THE COOPERATIVE APARTMENT CORPORATION AGAINST
THE AMOUNT OF SUCH TAXES OTHERWISE PAYABLE  BY  OR  CHARGEABLE  TO  SUCH
TENANT-STOCKHOLDER.
  (C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, A TENANT-STOCK-
HOLDER  WHO  RESIDES  IN A DWELLING THAT IS SUBJECT TO THE PROVISIONS OF
EITHER ARTICLE TWO, FOUR, FIVE OR ELEVEN OF THE PRIVATE HOUSING  FINANCE
LAW SHALL NOT BE ELIGIBLE FOR AN EXEMPTION PURSUANT TO THIS SECTION.
  (D)  NOTWITHSTANDING  PARAGRAPH (B) OF THIS SUBDIVISION, REAL PROPERTY
OWNED BY A COOPERATIVE CORPORATION MAY BE EXEMPT FROM TAXATION  PURSUANT
TO THIS SECTION BY A MUNICIPALITY IN WHICH SUCH PROPERTY IS LOCATED ONLY
IF THE GOVERNING BODY OF SUCH MUNICIPALITY, AFTER PUBLIC HEARING, ADOPTS
A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  7.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION ONE
OF THIS SECTION AND SUBDIVISION THREE OF  THIS  SECTION,  THE  GOVERNING
BODY  OF  ANY MUNICIPALITY MAY, AFTER PUBLIC HEARING, ADOPT A LOCAL LAW,
ORDINANCE OR RESOLUTION PROVIDING THAT WHERE A VETERAN,  THE  SPOUSE  OF
THE  VETERAN  OR  UNREMARRIED  SURVIVING  SPOUSE  ALREADY  RECEIVING  AN
EXEMPTION PURSUANT TO THIS SECTION  SELLS  THE  PROPERTY  RECEIVING  THE
EXEMPTION  AND PURCHASES PROPERTY WITHIN THE SAME COUNTY, OR IN THE CASE
OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS, WITHIN THE
SAME CITY, THE ASSESSOR SHALL TRANSFER AND PRORATE, FOR THE REMAINDER OF
THE FISCAL YEAR, THE EXEMPTION RECEIVED. THE PRORATED EXEMPTION SHALL BE
BASED UPON THE DATE THE VETERAN, THE SPOUSE OF THE VETERAN  OR  UNREMAR-
RIED  SURVIVING  SPOUSE  OBTAINS  TITLE TO THE NEW PROPERTY AND SHALL BE
CALCULATED BY MULTIPLYING THE TAX  RATE  OR  RATES  FOR  EACH  MUNICIPAL
CORPORATION  WHICH  LEVIED TAXES, OR FOR WHICH TAXES WERE LEVIED, ON THE
APPROPRIATE TAX ROLL USED FOR THE FISCAL YEAR OR YEARS DURING WHICH  THE
TRANSFER  OCCURRED  TIMES THE PREVIOUSLY GRANTED EXEMPT AMOUNT TIMES THE
FRACTION OF EACH FISCAL YEAR OR YEARS REMAINING SUBSEQUENT TO THE TRANS-
FER OF TITLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  REMOVE  THE

S. 7824                             6

REQUIREMENT THAT ANY SUCH VETERAN, THE SPOUSE OF THE VETERAN OR UNREMAR-
RIED  SURVIVING SPOUSE TRANSFERRING AN EXEMPTION PURSUANT TO THIS SUBDI-
VISION SHALL REAPPLY FOR  THE  EXEMPTION  AUTHORIZED  PURSUANT  TO  THIS
SECTION  ON  OR  BEFORE  THE FOLLOWING TAXABLE STATUS DATE, IN THE EVENT
SUCH VETERAN, THE SPOUSE OF THE VETERAN OR UNREMARRIED SURVIVING  SPOUSE
WISHES TO RECEIVE THE EXEMPTION IN FUTURE FISCAL YEARS.
  8. THE COMMISSIONER SHALL DEVELOP IN CONSULTATION WITH THE DIRECTOR OF
THE  NEW YORK STATE DIVISION OF VETERANS' AFFAIRS A LISTING OF DOCUMENTS
TO BE USED TO ESTABLISH ELIGIBILITY UNDER THIS  SECTION,  INCLUDING  BUT
NOT  LIMITED  TO  A CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
ALSO KNOWN AS A DD-214 FORM OR AN HONORABLE  SERVICE  CERTIFICATE/REPORT
OF  CAUSALITY  FROM THE DEPARTMENT OF DEFENSE. SUCH INFORMATION SHALL BE
MADE AVAILABLE TO EACH COUNTY, CITY, TOWN OR VILLAGE ASSESSOR'S  OFFICE,
OR  CONGRESSIONAL  CHARTERED  VETERANS SERVICE OFFICERS WHO REQUEST SUCH
INFORMATION. THE LISTING OF ACCEPTABLE MILITARY RECORDS  SHALL  BE  MADE
AVAILABLE  ON THE INTERNET WEBSITES OF THE DIVISION OF VETERANS' AFFAIRS
AND THE OFFICE OF REAL PROPERTY TAX SERVICES.
  S 2. This act shall take effect April 1, 2017.