NY State Senate Bill 2015-S2690

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 05, 2016	reported and committed to finance
Jan 06, 2016	referred to aging
May 19, 2015	reported and committed to finance
Jan 28, 2015	referred to aging

Votes

- Apr 5, 2016 - Aging Committee Vote
  S2690
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Apr 5, 2016
      
      aye (9)
      
      Addabbo Jr.
      
      Diaz
      
      Felder
      
      Funke
      
      Golden
      
      LaValle
      
      Serino
      
      Serrano
      
      Valesky
      
      aye wr (2)
      
      Hoylman-Sigal
      
      Marchione
  May 19, 2015 - Aging Committee Vote
  S2690
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: May 19, 2015
      
      aye (9)
      
      Diaz
      
      Felder
      
      Funke
      
      Golden
      
      Hoylman-Sigal
      
      LaValle
      
      Serino
      
      Serrano
      
      Valesky
      
      aye wr (2)
      
      Addabbo Jr.
      
      Marchione

2015-S2690 (ACTIVE) - Details

See Assembly Version of this Bill:: A5470
Current Committee:: Senate Finance
Law Section:: Real Property Tax Law
Laws Affected:: Amd §425, RPT L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A2053
2019-2020: A2249

2015-S2690 (ACTIVE) - Summary

Requires extending the eligibility for the basic STAR exemption and enhanced STAR exemption to real property owned by a non-spouse relative of a senior citizen who shares such primary residence with such senior citizen.

2015-S2690 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2690                 Revised 04/29/15

TITLE OF BILL:

An act to amend the real property tax law, in relation to a STAR
exemption for certain senior citizens who reside with a related
property owner

PURPOSE:

To provide a partial STAR exemption for homes where a senior citizen
resides with a non-spouse relative who owns the home.

SUMMARY OF PROVISIONS:

Section one amends section 425 of the Real Property Tax Law by adding
a new subdivision (4-b) to provide a pro-rated STAR exemption when a
senior citizen resides with a non-spouse relative that is in addition
to the basic STAR exemption or enhanced STAR exemption that the
property already receives, provided that the sum of the current
exemption and the pro-rated STAR exemption cannot exceed the
property's assessed value.

Paragraph (a) of this new subdivision provides that property that
serves as the primary residence for a senior citizen and his or her
non-spouse relative who is within the third degree of consanguinity or

affinity to the senior citizen may be eligible for a pro-rated STAR
exemption. To be eligible for the pro-rated exemption, the property
must currently receive a basic or enhanced STAR exemption and the
requirements of paragraph (b) of this new subdivision must be
satisfied.

New paragraph (b) provides the eligibility requirements for the
pro-rated STAR exemption. With the exception of the income criteria,
the requirements for the pro-rated STAR exemption based upon either
the basic STAR exemption or the enhanced STAR exemption are the same.
These requirements are:

-The senior citizen is at least 65 years of age as of December 31 of
the year preceding the year for which the exemption is sought;

-The property serves as the primary residence for both the senior
citizen and the property owner;

-The senior citizen and the property owner are related within the
third degree of consanguinity or affinity;

-The senior citizen and the property owner are not spouses;

-The property served as the senior citizen's primary residence for at
least 6 months prior to January 1 of the year for which the exemption
is sought;

-The property serves as the owner's primary residence; and

-The property currently receives either a basic STAR exemption or an
enhanced STAR exemption


-For a pro-rated exemption based upon the basic STAR exemption, the
income criteria prescribed by paragraph (b-1) of subdivision 3 of this
section shall be applied only to the senior citizen and his or her
spouse if the property serves as such spouse's primary residence.  For
a pro-rated exemption based upon the enhanced STAR exemption, the
income criteria prescribed by subdivision 4 of this section shall be
applied only to the senior citizen and his or her spouse if such
spouse is at least 62 years of age as of December 31 of the year
preceding the year for which the exemption is sought and the property
serves as such spouse's primary residence.

New paragraph (c) provides the method for computing the pro-rated STAR
exemption. Each person who satisfies the eligibility requirements of
new paragraph (b) is eligible for a pro-rated exemption. For each
senior citizen, the pro-rated exemption is computed by multiplying 25%
of the pro-rated STAR exemption, basic or enhanced, for which the
senior citizen qualified pursuant to paragraph (b) by a fraction, the
numerator of which is one, or two if the qualifying senior citizen
resides with his or her spouse, and the denominator of which is the
sum of the numerator plus the total number of owners and their spouses
for which the property serves as their primary residence.

New paragraph (d) limits the number of pro-rated exemptions computed
pursuant to new paragraph (c) that a piece of property may receive to
two. When more than two senior citizens satisfied the eligibility
criteria provided by paragraph (b), the sum of the exemption amounts
is divided by the sum of the numerators used to compute the exemption
amounts. That result is multiplied by 2, which is the amount of the
pro-rated STAR exemption.

New paragraph (e) provides that if a person who met the eligibility
criteria prescribed by paragraph (b) of this subdivision dies and such
person resided with his or her spouse at the time of his or her death,
such spouse shall be deemed to have attained the age of 65 for
purposes of determining eligibility pursuant to paragraph (b) of this
subdivision if such spouse has attained the age of 62 as of December
31 of the year preceding the year for which the exemption is sought.

New paragraph (f) provides that notwithstanding any law to the
contrary, an annual application for the pro-rated STAR exemption shall
be filed by all of the property owners and all of the senior citizens
who met the eligibility criteria of paragraph (b) of this subdivision.

New paragraph (g) provides that except as provided in new subdivision
(4-a) or as inconsistent with this new subdivision, all other
provisions of section 425 shall apply to the pro-rated STAR exemption.

Section two of this bill provides that this act shall take effect on
the first of January next succeeding the date on which it shall have
become a law.

EXISTING LAW:

Currently, section 425 of the Real Property Tax Law provides the STAR
exemption for homeowners, but does not provide an exemption for
homeowners who open their homes to their senior citizen relatives.


JUSTIFICATION:

The children who have assumed the role of caregiver for their aging
parents while simultaneously caring for their own children are members
of the "sandwich generation." Each year, the number of people in the
sandwich generation grows.

According to the (MetLife Study of Caregiving Costs to Working
Caregivers: Double Jeopardy for Baby Boomers Caring for Their
Parents), which was published in 2011, almost 10 million adult
children who are over the age of 50 years were caregivers for their
aging parents. This role is stressful, both personally and
financially. Many caregivers are forced to either give up their
careers or reduce their work hours to part time. The financial impact
is significant, MetLife found that for women, the total impact of lost
wages, pensions, and Social Security benefits due to caregiving was
$324,044. For male caregivers, the financial impact was $283,716 This
bill will help with the financial burden associated with being a
caregiver by providing some tax relief.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S2690 (ACTIVE) - Bill Text download pdf

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

                                  2690

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  a  STAR
  exemption  for certain senior citizens who reside with a related prop-
  erty owner

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

  Section  1.  Section  425  of  the real property tax law is amended by
adding a new subdivision 4-b to read as follows:
  4-B. SENIOR CITIZENS THAT  RESIDE  WITH  A  NON-SPOUSE  RELATIVE.  (A)
NOTWITHSTANDING  THE  PROPERTY  OWNERSHIP REQUIREMENTS PROVIDED BY PARA-
GRAPH (A) OF SUBDIVISION TWO, SUBDIVISION THREE, AND  PARAGRAPH  (A)  OF
SUBDIVISION  FOUR  OF  THIS SECTION, WHEN PROPERTY THAT RECEIVES A BASIC
STAR EXEMPTION OR AN ENHANCED STAR EXEMPTION PURSUANT TO SUBDIVISION TWO
OR THREE OF THIS SECTION SERVES AS THE  PRIMARY  RESIDENCE  FOR  BOTH  A
PERSON  WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE ON THE DATE SPECIFIED IN
PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION AND A RELATIVE WHO  IS
(I) WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY TO SUCH PERSON,
(II)  NOT THE SPOUSE OF SUCH PERSON, AND (III) THE OWNER OF SUCH PROPER-
TY, SUCH PROPERTY SHALL BE ELIGIBLE FOR A PRO-RATED STAR  EXEMPTION,  AS
COMPUTED  PURSUANT  TO  PARAGRAPH (C) OF THIS SUBDIVISION AND SUBJECT TO
THE LIMITATION PRESCRIBED BY PARAGRAPH (D) OF THIS SUBDIVISION, THAT  IS
IN  ADDITION  TO  THE  BASIC  STAR  EXEMPTION OR ENHANCED STAR EXEMPTION
AVAILABLE FOR SUCH PROPERTY PURSUANT TO THIS SECTION, PROVIDED, HOWEVER,
THAT THE SUM OF THE EXEMPTIONS APPROVED FOR SUCH  PROPERTY  PURSUANT  TO
THIS SECTION SHALL NOT EXCEED SUCH PROPERTY'S ASSESSED VALUE.
  (B) ELIGIBILITY REQUIREMENTS. (I) FOR THE PRO-RATED EXEMPTION BASED ON
THE  BASIC  STAR  EXEMPTION,  THE PROPERTY MUST (A) SERVE AS THE PRIMARY
RESIDENCE FOR A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF  AGE  ON  THE
DATE SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION, (B)
HAVE  SERVED  AS  THE PRIMARY RESIDENCE FOR SUCH PERSON FOR AT LEAST SIX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05600-03-5

S. 2690                             2

MONTHS PRIOR TO THE FIRST DAY OF JANUARY  OF  THE  YEAR  FOR  WHICH  THE
EXEMPTION  IS  SOUGHT,  (C)  BE  OWNED  BY A NON-SPOUSE RELATIVE OF SUCH
PERSON WHO IS WITHIN THE THIRD DEGREE OF CONSANGUINITY  OR  AFFINITY  TO
SUCH  PERSON,  (D)  SERVE AS THE PRIMARY RESIDENCE OF THE RELATED OWNER,
(E) CURRENTLY RECEIVE  A  BASIC  STAR  EXEMPTION  OR  AN  ENHANCED  STAR
EXEMPTION,  AND  (F)  SATISFY  THE CRITERIA OF SUBDIVISION THREE OF THIS
SECTION, PROVIDED THAT THE DETERMINATION REGARDING  WHETHER  THE  INCOME
CRITERIA  PRESCRIBED  BY  PARAGRAPH  (B-1)  OF SUBDIVISION THREE OF THIS
SECTION ARE SATISFIED SHALL SOLELY BE BASED  UPON  THE  INCOME  OF  SUCH
PERSON  WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND HIS OR HER SPOUSE IF
THE PROPERTY SERVES AS SUCH SPOUSE'S PRIMARY RESIDENCE.
  (II) FOR THE PRO-RATED STAR  EXEMPTION  BASED  ON  THE  ENHANCED  STAR
EXEMPTION,  THE  PROPERTY  MUST (A) SERVE AS THE PRIMARY RESIDENCE FOR A
PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE ON THE DATE SPECIFIED  IN
PARAGRAPH  (A)  OF  SUBDIVISION FOUR OF THIS SECTION, (B) HAVE SERVED AS
THE PRIMARY RESIDENCE FOR SUCH PERSON FOR AT LEAST SIX MONTHS  PRIOR  TO
THE  FIRST DAY OF JANUARY OF THE YEAR FOR WHICH THE EXEMPTION IS SOUGHT,
(C) BE OWNED BY A NON-SPOUSE RELATIVE OF SUCH PERSON WHO IS  WITHIN  THE
THIRD  DEGREE  OF CONSANGUINITY OR AFFINITY TO SUCH PERSON, (D) SERVE AS
THE PRIMARY RESIDENCE OF THE RELATED  OWNER,  (E)  CURRENTLY  RECEIVE  A
BASIC  STAR  EXEMPTION  OR  AN  ENHANCED STAR EXEMPTION, (F) SATISFY THE
CRITERIA OF SUBDIVISION THREE OF THIS SECTION AS  MODIFIED  BY  SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, AND (G) SATISFY THE CRITERIA OF SUBDIVISION
FOUR  OF THIS SECTION, PROVIDED THAT THE DETERMINATION REGARDING WHETHER
THE INCOME CRITERIA PRESCRIBED BY PARAGRAPH (B) OF SUBDIVISION FOUR  ARE
SATISFIED SHALL SOLELY BE BASED UPON THE INCOME OF SUCH PERSON WHO IS AT
LEAST SIXTY-FIVE YEARS OF AGE AND HIS OR HER SPOUSE IF SUCH SPOUSE IS AT
LEAST  SIXTY-TWO  YEARS  OF  AGE AS OF THE DATE SPECIFIED IN SUBDIVISION
FOUR OF THIS SECTION AND THE PROPERTY SERVES AS  SUCH  SPOUSE'S  PRIMARY
RESIDENCE.
  (C)  COMPUTATION  OF  EXEMPTION  AMOUNT.  SUBJECT  TO  THE  LIMITATION
PRESCRIBED IN PARAGRAPH  (D)  OF  THIS  SUBDIVISION,  A  PRO-RATED  STAR
EXEMPTION  SHALL  BE COMPUTED FOR EACH PERSON WHO IS AT LEAST SIXTY-FIVE
YEARS OF AGE ON THE DATE SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION  FOUR
OF  THIS SECTION AND WHO MEETS THE REQUIREMENTS OF PARAGRAPH (B) OF THIS
SUBDIVISION AS FOLLOWS: MULTIPLY THE BASIC STAR  EXEMPTION  OR  ENHANCED
STAR EXEMPTION THAT WOULD BE GRANTED TO THE PROPERTY IF PARAGRAPH (B) OF
THIS  SUBDIVISION  PROVIDED THE ELIGIBILITY CRITERIA FOR SUCH EXEMPTION,
BY TWENTY-FIVE PERCENT AND MULTIPLY THAT  PRODUCT  BY  A  FRACTION,  THE
NUMERATOR  OF  WHICH  IS  ONE,  IN  THE CASE OF A PERSON WHO IS AT LEAST
SIXTY-FIVE YEARS OF AGE WHO DOES NOT RESIDE WITH HIS OR HER  SPOUSE,  IF
ANY, OR TWO, IN THE CASE OF A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF
AGE WHO DOES RESIDE WITH HIS OR HER SPOUSE, AND THE DENOMINATOR OF WHICH
IS  THE  SUM  OF THE NUMERATOR PLUS THE TOTAL NUMBER OF OWNERS AND THEIR
SPOUSES FOR WHOM THE PROPERTY SERVES AS THEIR PRIMARY RESIDENCE.
  (D) LIMITATION. WHEN  MORE  THAN  ONE  PERSON  MEETS  THE  ELIGIBILITY
REQUIREMENTS  PRESCRIBED  BY  PARAGRAPH  (B)  OF  THIS  SUBDIVISION, THE
PRO-RATED STAR EXEMPTION COMPUTED PURSUANT  TO  PARAGRAPH  (C)  OF  THIS
SUBDIVISION SHALL BE LIMITED AS FOLLOWS:
  (I)  WHEN THE AGGREGATE OF THE NUMERATORS OF THE FRACTION OR FRACTIONS
USED IN THE COMPUTATION PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION IS
TWO OR LESS, THE AMOUNT OF THE PRO-RATED STAR EXEMPTION SHALL BE THE SUM
OF THE EXEMPTION AMOUNTS COMPUTED PURSUANT  TO  PARAGRAPH  (C)  OF  THIS
SUBDIVISION.
  (II) WHEN THE AGGREGATE OF THE NUMERATORS OF EACH FRACTION USED IN THE
COMPUTATION  PURSUANT  TO PARAGRAPH (C) OF THIS SUBDIVISION IS MORE THAN

S. 2690                             3

TWO, THE AMOUNT OF THE PRO-RATED STAR EXEMPTION SHALL EQUAL  THE  AMOUNT
COMPUTED  AS  FOLLOWS:  (A)  DIVIDE  THE  SUM  OF  THE EXEMPTION AMOUNTS
COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION BY THE  AGGREGATE
OF  SUCH  NUMERATORS,  AND  (B) MULTIPLY THE AMOUNT COMPUTED PURSUANT TO
CLAUSE (A) OF THIS SUBPARAGRAPH BY THE NUMBER TWO.
  (E) DEATH OF A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE. IN  THE
CASE  OF  AN EXEMPTION GRANTED PURSUANT TO THIS SUBDIVISION FOR A PERSON
WHO RESIDES WITH HIS OR HER SPOUSE AND SUCH SPOUSE HAS NOT ATTAINED  THE
AGE  OF  SIXTY-FIVE  YEARS  BY  THE  DATE PRESCRIBED IN PARAGRAPH (A) OF
SUBDIVISION FOUR OF THIS SECTION, UPON  THE  DEATH  OF  THE  PERSON  WHO
SATISFIED  THE ELIGIBILITY CRITERIA OF THIS SUBDIVISION, IF SUCH SURVIV-
ING SPOUSE IS AT LEAST SIXTY-TWO YEARS OF AGE BY THE DATE PRESCRIBED  IN
PARAGRAPH  (A) OF SUBDIVISION FOUR OF THIS SECTION, SUCH SPOUSE SHALL BE
DEEMED TO BE AT LEAST SIXTY-FIVE YEARS OF AGE BY THE DATE PRESCRIBED  IN
PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION FOR PURPOSES OF SATIS-
FYING  THE  ELIGIBILITY  CRITERIA  PRESCRIBED  BY  PARAGRAPH (B) OF THIS
SUBDIVISION.
  (F) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  APPLICATION
FOR AN EXEMPTION PURSUANT TO THIS SUBDIVISION SHALL BE MADE ON AN ANNUAL
BASIS  IN  ACCORDANCE WITH THE APPLICATION PROCEDURES PRESCRIBED IN THIS
SECTION; PROVIDED, HOWEVER, THAT THE APPLICATION SHALL BE JOINTLY  FILED
BY  ALL  OF THE PROPERTY OWNERS WHO PRIMARILY RESIDE ON THE PROPERTY AND
THE SENIOR CITIZENS WHO MEET  THE  ELIGIBILITY  CRITERIA  PRESCRIBED  BY
PARAGRAPH (B) OF THIS SUBDIVISION.
  (G)  EXCEPT  AS  PROVIDED IN THIS SUBDIVISION, OR AS INCONSISTENT WITH
THE PURPOSES OF THIS SUBDIVISION, ALL OTHER PROVISIONS OF  THIS  SECTION
SHALL  BE  APPLICABLE  TO  THE PRO-RATED STAR EXEMPTION PROVIDED BY THIS
SUBDIVISION.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S2690

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Apr 5, 2016 - Aging Committee Vote

Aging Committee Vote: Apr 5, 2016

May 19, 2015 - Aging Committee Vote

Aging Committee Vote: May 19, 2015

2015-S2690 (ACTIVE) - Details

2015-S2690 (ACTIVE) - Summary

2015-S2690 (ACTIVE) - Sponsor Memo

2015-S2690 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2690

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Finance Committee

2015-S2690 (ACTIVE) - Details

2015-S2690 (ACTIVE) - Summary

2015-S2690 (ACTIVE) - Sponsor Memo

2015-S2690 (ACTIVE) - Bill Text download pdf

Comments