S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2279--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Real Property Taxation -- reported and  referred  to  the
   Committee  on Ways and Means -- reported and referred to the Committee
   on  Rules  --  Rules  Committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to the Committee on Rules

 AN ACT to amend the real property tax law, in relation to establishing a
   senior citizen longtime resident exemption in certain cities
 
   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-k to read as follows:
   § 467-K. SENIOR CITIZEN LONGTIME RESIDENT EXEMPTION. 1. ESTABLISHMENT.
 ANY  CITY  WITH A POPULATION GREATER THAN TWO HUNDRED FIFTY THOUSAND AND
 LESS THAN THREE HUNDRED THOUSAND, AS DETERMINED BY THE LATEST  DECENNIAL
 FEDERAL CENSUS, AFTER CONDUCTING A PUBLIC HEARING, MAY ADOPT A LOCAL LAW
 TO  GRANT  A SENIOR CITIZEN LONGTIME RESIDENT EXEMPTION PURSUANT TO THIS
 SECTION. ONCE A CITY HAS ENACTED A LOCAL LAW ADOPTING THE PROVISIONS  OF
 THIS  SECTION,  THE  COUNTY GOVERNMENT IN WHICH SUCH CITY IS LOCATED MAY
 ALSO ENACT A LOCAL LAW TO PROVIDE AN EXEMPTION IN  THE  SAME  MANNER  AS
 SUCH CITY.
   2.  ELIGIBILITY.  A.  NO  EXEMPTION  SHALL BE GRANTED PURSUANT TO THIS
 SECTION UNLESS:
   (1) THE PROPERTY IS A ONE-, TWO- OR THREE-FAMILY RESIDENTIAL  PROPERTY
 LOCATED WITHIN A UNITED STATES CENSUS TRACT THAT HAS A MEDIAN INCOME NOT
 EXCEEDING  SIXTEEN THOUSAND FIFTY-SIX DOLLARS ACCORDING TO THE TWO THOU-
 SAND TEN DECENNIAL CENSUS.  A  CITY  ADOPTING  THE  PROVISIONS  OF  THIS
 SECTION  MAY  BY LOCAL LAW FURTHER LIMIT THE EXEMPTION TO SPECIFIC AREAS
 WITHIN SUCH CITY EXPERIENCING AN INCREASE IN PROPERTY VALUES DUE TO  NEW
 DEVELOPMENT  OCCURRING  THEREIN, WHICH PUT SENIOR CITIZEN LONGTIME RESI-
 DENTS AT RISK OF DISPLACEMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05536-03-7
              

 A. 2279--A                          2
 
   (2) THE PROPERTY SERVES AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE
 OWNERS;
   (3)  ALL  OF THE OWNERS ARE AT LEAST SIXTY-FIVE YEARS OF AGE OR OLDER,
 OR IN THE CASE OF PROPERTY OWNED BY HUSBAND AND WIFE OR BY SIBLINGS, ONE
 OF THE OWNERS IS AT LEAST SIXTY-FIVE YEARS OF AGE,  AS  OF  THE  TAXABLE
 STATUS  DATE. AT THE OPTION OF THE CITY, WHICH SHALL BE SPECIFIED IN THE
 LOCAL LAW ADOPTING THE PROVISIONS OF THIS SECTION, ANY PERSON  OTHERWISE
 QUALIFYING  UNDER  THIS  SECTION SHALL NOT BE DENIED THE EXEMPTION UNDER
 THIS SECTION IF HE OR SHE BECOMES SIXTY-FIVE  YEARS  OF  AGE  AFTER  THE
 APPROPRIATE  TAXABLE  STATUS DATE AND ON OR BEFORE DECEMBER THIRTY-FIRST
 OF THE SAME YEAR;
   (4) ONE OR MORE OF THE OWNERS HAS OWNED AND RESIDED  IN  THE  PROPERTY
 FOR NO FEWER THAN TWENTY-FIVE CONSECUTIVE YEARS; AND
   (5) THE TOTAL HOUSEHOLD INCOME DOES NOT EXCEED THIRTY THOUSAND DOLLARS
 FOR  THE  LATEST PRECEDING INCOME TAX YEAR PRIOR TO THE DATE OF APPLICA-
 TION FOR SUCH EXEMPTION. THE TERM "INCOME" AS USED IN THIS SECTION SHALL
 MEAN THE "ADJUSTED GROSS INCOME" FOR  FEDERAL  INCOME  TAX  PURPOSES  AS
 REPORTED  ON  THE APPLICANT'S FEDERAL OR STATE INCOME TAX RETURN FOR THE
 APPLICABLE INCOME TAX YEAR, SUBJECT  TO  ANY  SUBSEQUENT  AMENDMENTS  OR
 REVISIONS,  REDUCED  BY DISTRIBUTIONS, TO THE EXTENT INCLUDED IN FEDERAL
 ADJUSTED GROSS INCOME, RECEIVED FROM AN  INDIVIDUAL  RETIREMENT  ACCOUNT
 AND  AN  INDIVIDUAL  RETIREMENT ANNUITY; PROVIDED THAT IF NO SUCH RETURN
 WAS FILED FOR THE APPLICABLE INCOME TAX YEAR, "INCOME"  SHALL  MEAN  THE
 ADJUSTED  GROSS INCOME THAT WOULD HAVE BEEN SO REPORTED IF SUCH A RETURN
 HAD BEEN FILED.
   3. CALCULATION OF EXEMPTION. A. EXCEPT AS PROVIDED IN PARAGRAPH  B  OF
 THIS  SUBDIVISION,  A  SENIOR  CITIZEN LONGTIME RESIDENT SHALL BE EXEMPT
 FROM TAXATION AND SPECIAL AD VALOREM LEVIES FOR EVERY YEAR IN WHICH  THE
 PROPERTY'S  CURRENT  ASSESSMENT  EXCEEDS  THE "BASE ASSESSMENT." FOR THE
 PURPOSES OF THIS SECTION THE "BASE ASSESSMENT" SHALL BE  THE  ASSESSMENT
 THAT  APPEARED  ON  THE  ASSESSMENT ROLL IMMEDIATELY PRECEDING THE FIRST
 YEAR IN WHICH AN EXEMPTION WAS GRANTED PURSUANT  TO  THIS  SECTION.  THE
 ASSESSOR SHALL ANNUALLY CALCULATE THE EXEMPTION BY SUBTRACTING THE "BASE
 ASSESSMENT" FROM THE CURRENT YEAR'S ASSESSMENT.
   B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
 NO EXEMPTION  SHALL  BE  ALLOWED  TO  THE  EXTENT  THAT  THE  ASSESSMENT
 INCREASED DUE TO ONE OR MORE OF THE FOLLOWING EVENTS:
   (1) A PHYSICAL IMPROVEMENT MADE TO THE PROPERTY;
   (2)  A REMOVAL OR REDUCTION OF AN EXEMPTION ON THE ELIGIBLE TAXPAYER'S
 PRIMARY RESIDENCE, INCLUDING A  REDUCTION  OF  THE  STAR  EXEMPT  AMOUNT
 CALCULATED  PURSUANT  TO SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-
 FIVE OF THIS TITLE; OR
   (3) A REVALUATION THAT CAUSED THE ASSESSMENT OF THE  ELIGIBLE  TAXPAY-
 ER'S  PRIMARY RESIDENCE TO INCREASE BY A PERCENTAGE THAT IS LESS THAN OR
 EQUAL TO THE APPLICABLE CHANGE IN LEVEL OF ASSESSMENT. AS USED  IN  THIS
 SECTION,  THE  TERMS  "REVALUATION"  AND "CHANGE IN LEVEL OF ASSESSMENT"
 SHALL HAVE THE SAME MEANINGS AS SET FORTH IN SECTIONS  ONE  HUNDRED  TWO
 AND TWELVE HUNDRED TWENTY OF THIS CHAPTER, RESPECTIVELY.
   4.  APPLICATION  FOR  SUCH  EXEMPTION SHALL BE MADE ANNUALLY ON A FORM
 PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL BE  MADE  TO  THE
 CITY  ASSESSOR  ON OR BEFORE THE TAXABLE STATUS DATE. NO APPLICATION FOR
 SUCH EXEMPTION SHALL BE  GRANTED  UNLESS  THE  ELIGIBILITY  CRITERIA  OF
 SUBDIVISION TWO OF THIS SECTION ARE MET.
   5.  IN THE EVENT THAT A 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

 A. 2279--A                          3
 
 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE  DISCONTINUED.  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.
   6.  THE CITY ASSESSOR SHALL, ON OR BEFORE DECEMBER FIRST, MAIL TO EACH
 PERSON WHO WAS GRANTED AN EXEMPTION PURSUANT TO  THIS  SECTION  FOR  THE
 CURRENT  CITY  FISCAL  YEAR,  AN APPLICATION FORM FOR AN EXEMPTION AND A
 NOTICE THAT SUCH APPLICATION MUST BE FILED NO  LATER  THAN  THE  TAXABLE
 STATUS DATE IN ORDER FOR THE EXEMPTION TO BE GRANTED OR CONTINUED. FAIL-
 URE  TO  MAIL ANY SUCH APPLICATION FORM OR NOTICE OR THE FAILURE OF SUCH
 PERSON OR PERSONS TO RECEIVE  THE  SAME  SHALL  NOT  PREVENT  THE  LEVY,
 COLLECTION AND ENFORCEMENT OF THE PAYMENT OF THE TAXES ON PROPERTY OWNED
 BY SUCH PERSON OR PERSONS.
   § 2. This act shall take effect immediately.