S T A T E O F N E W Y O R K
________________________________________________________________________
4091
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to establishing
an exemption for reservists
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:
§ 458-C. RESERVIST EXEMPTION. 1. THE FOLLOWING TERMS WHENEVER USED OR
REFERRED TO IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS A
DIFFERENT MEANING CLEARLY APPEARS IN THE CONTEXT:
(A) "RESERVIST" MEANS ANY MEMBER OF THE FEDERAL RESERVE FORCE OF THE
UNITED STATES MILITARY.
(B) "PERIOD OF WAR" MEANS THE SPANISH-AMERICAN WAR; THE MEXICAN BORDER
PERIOD; WORLD WAR I; WORLD WAR II; THE HOSTILITIES, KNOWN AS THE KOREAN
WAR, WHICH COMMENCED JUNE TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY AND
TERMINATED ON JANUARY THIRTY-FIRST, NINETEEN HUNDRED FIFTY-FIVE; THE
HOSTILITIES, KNOWN AS THE VIETNAM WAR, WHICH COMMENCED FEBRUARY TWENTY-
EIGHTH, NINETEEN HUNDRED SIXTY-ONE AND TERMINATED ON MAY SEVENTH, NINE-
TEEN HUNDRED SEVENTY-FIVE; AND THE HOSTILITIES, KNOWN AS THE PERSIAN
GULF CONFLICT, WHICH COMMENCED AUGUST SECOND, NINETEEN HUNDRED NINETY.
(C) "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 LINE OF DUTY IN
THE ACTIVE MILITARY, NAVAL OR AIR SERVICE.
(D) "QUALIFIED OWNER" MEANS A RESERVIST, THE SPOUSE OF A RESERVIST OR
THE UNREMARRIED SURVIVING SPOUSE OF A RESERVIST. WHERE PROPERTY IS OWNED
BY MORE THAN ONE QUALIFIED OWNER, THE EXEMPTION TO WHICH EACH IS ENTI-
TLED MAY BE COMBINED. WHERE A RESERVIST IS ALSO THE UNREMARRIED SURVIV-
ING SPOUSE OF A RESERVIST OR VETERAN, SUCH PERSON MAY ALSO RECEIVE ANY
EXEMPTION TO WHICH THE DECEASED SPOUSE WAS ENTITLED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08957-01-7
A. 4091 2
(E) "QUALIFYING 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 PURPOSES 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 RESERVIST OR
UNREMARRIED SURVIVING SPOUSE OF THE RESERVIST, UNLESS THE RESERVIST OR
UNREMARRIED SURVIVING SPOUSE IS ABSENT FROM THE PROPERTY DUE TO MEDICAL
REASONS OR INSTITUTIONALIZATION. IN THE EVENT THE RESERVIST DIES AND
THERE IS NO UNREMARRIED SURVIVING SPOUSE, "QUALIFYING RESIDENTIAL REAL
PROPERTY" SHALL MEAN THE PRIMARY RESIDENCE OWNED BY A QUALIFIED OWNER
PRIOR TO DEATH, PROVIDED THAT THE TITLE TO THE PROPERTY BECOMES VESTED
IN THE DEPENDENT FATHER OR MOTHER OR DEPENDENT CHILD OR CHILDREN UNDER
TWENTY-ONE YEARS OF AGE OF A RESERVIST 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.
(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 COMMISSION-
ER SHALL ESTABLISH A SPECIAL EQUALIZATION RATE IF IT FINDS THAT THERE
HAS BEEN A MATERIAL CHANGE IN THE LEVEL OF ASSESSMENT SINCE THE ESTAB-
LISHMENT 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 EQUAL-
IZATION 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 RESER-
VIST EXEMPTION ON THE ASSESSMENT ROLL BY APPLYING SUCH SPECIAL EQUALIZA-
TION RATE INSTEAD OF THE LATEST STATE EQUALIZATION RATE APPLIED IN THE
PREVIOUS YEAR AND TO MAKE THE APPROPRIATE CORRECTIONS ON THE ASSESSMENT
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 RESERVIST 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 RESERVIST SERVED IN A COMBAT THEATRE OR COMBAT
ZONE OF OPERATIONS, AS DOCUMENTED BY THE AWARD OF A UNITED STATES
CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITIONARY
MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, QUALIFYING RESI-
DENTIAL REAL PROPERTY ALSO SHALL BE EXEMPT FROM TAXATION TO THE EXTENT
A. 4091 3
OF TEN PERCENT OF THE ASSESSED VALUE OF SUCH PROPERTY; PROVIDED, HOWEV-
ER, THAT SUCH EXEMPTION SHALL NOT EXCEED EIGHT THOUSAND DOLLARS OR THE
PRODUCT OF EIGHT THOUSAND DOLLARS MULTIPLIED BY THE LATEST STATE EQUAL-
IZATION RATE FOR THE ASSESSING UNIT, OR IN THE CASE OF A SPECIAL ASSESS-
ING UNIT, THE CLASS RATIO, WHICHEVER IS LESS.
(C) IN ADDITION TO THE EXEMPTIONS PROVIDED BY PARAGRAPHS (A) AND (B)
OF THIS SUBDIVISION, WHERE THE RESERVIST RECEIVED A COMPENSATION RATING
FROM THE UNITED STATES VETERAN'S ADMINISTRATION OR FROM THE UNITED
STATES DEPARTMENT OF DEFENSE BECAUSE OF A SERVICE CONNECTED DISABILITY,
QUALIFYING RESIDENTIAL REAL PROPERTY SHALL BE EXEMPT FROM TAXATION TO
THE EXTENT OF THE PRODUCT OF THE ASSESSED VALUE OF SUCH PROPERTY MULTI-
PLIED BY FIFTY PERCENT OF THE RESERVIST'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 PERSON WHO SERVED IN THE ACTIVE MILITARY,
NAVAL OR AIR SERVICE DURING A PERIOD OF WAR 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) (I) THE EXEMPTION FROM TAXATION PROVIDED BY THIS SUBDIVISION SHALL
BE APPLICABLE TO COUNTY, CITY, TOWN AND VILLAGE TAXATION, BUT SHALL NOT
BE APPLICABLE TO TAXES LEVIED FOR SCHOOL PURPOSES.
(II) EACH COUNTY, CITY, TOWN OR VILLAGE 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, RESPECTIVELY. EACH COUNTY,
CITY, TOWN, OR VILLAGE IS ALSO AUTHORIZED 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; TWEN-
TY-ONE THOUSAND DOLLARS, FOURTEEN THOUSAND DOLLARS, AND SEVENTY THOUSAND
DOLLARS, RESPECTIVELY; TWENTY-FOUR THOUSAND DOLLARS, SIXTEEN THOUSAND
DOLLARS, AND EIGHTY THOUSAND DOLLARS, RESPECTIVELY; TWENTY-SEVEN THOU-
SAND 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. IN ADDITION, A
COUNTY, CITY, TOWN OR VILLAGE WHICH IS A "HIGH-APPRECIATION MUNICI-
PALITY" AS DEFINED IN THIS SUBPARAGRAPH IS AUTHORIZED TO ADOPT A LOCAL
LAW TO INCREASE THE MAXIMUM EXEMPTION ALLOWABLE 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 THOUSAND DOLLARS, THIRTY-SIX THOUSAND
DOLLARS AND ONE HUNDRED EIGHTY THOUSAND DOLLARS, RESPECTIVELY. FOR
PURPOSES OF THIS SUBPARAGRAPH, A "HIGH-APPRECIATION MUNICIPALITY" MEANS:
A. 4091 4
(A) A SPECIAL ASSESSING UNIT THAT IS A CITY, (B) A COUNTY FOR WHICH THE
COMMISSIONER HAS ESTABLISHED A SALES PRICE DIFFERENTIAL FACTOR FOR
PURPOSES OF THE STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWEN-
TY-FIVE OF THIS TITLE IN THREE CONSECUTIVE YEARS, AND (C) A CITY, TOWN
OR VILLAGE 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.
4. 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.
5. 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 NINETEEN HUNDRED EIGHTY-FOUR, 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, NINETEEN HUNDRED EIGHTY-FOUR 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 SUBDIVISION MAY BE REPEALED BY THE GOVERNING BOARD OF THE APPLICA-
BLE COUNTY, CITY, TOWN OR VILLAGE. SUCH REPEAL MUST OCCUR AT LEAST NINE-
TY DAYS PRIOR TO THE TAXABLE STATUS DATE OF SUCH COUNTY, CITY, TOWN OR
VILLAGE.
6. 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.
7. (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 OR HER 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
A. 4091 5
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 THEREBY SHALL BE
CREDITED BY THE COOPERATIVE APARTMENT CORPORATION AGAINST THE AMOUNT OF
SUCH TAXES OTHERWISE PAYABLE BY OR CHARGEABLE TO SUCH TENANT-STOCKHOLD-
ER.
(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.
8. (A) AS USED IN THIS SUBDIVISION, "GOLD STAR PARENT" SHALL MEAN THE
PARENT OF A CHILD WHO DIED IN THE LINE OF DUTY WHILE SERVING IN THE
UNITED STATES ARMED FORCES DURING A PERIOD OF WAR.
(B) A COUNTY, CITY, TOWN, OR VILLAGE MAY ADOPT A LOCAL LAW TO INCLUDE
A GOLD STAR PARENT WITHIN THE DEFINITION OF "QUALIFIED OWNER", AS
PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, AND TO
INCLUDE PROPERTY OWNED BY A GOLD STAR PARENT WITHIN THE DEFINITION OF
"QUALIFYING RESIDENTIAL REAL PROPERTY" AS PROVIDED IN PARAGRAPH (E) OF
SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH PROPERTY SHALL BE
THE PRIMARY RESIDENCE OF THE GOLD STAR PARENT.
(C) THE ADDITIONAL EXEMPTION PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVI-
SION TWO OF THIS SECTION SHALL NOT APPLY TO REAL PROPERTY OWNED BY A
GOLD STAR PARENT.
9. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION TWO
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 RESERVIST, THE SPOUSE OF
THE RESERVIST OR UNREMARRIED SURVIVING SPOUSE ALREADY RECEIVING AN
EXEMPTION PURSUANT TO THIS SECTION SELLS THE PROPERTY RECEIVING THE
EXEMPTION AND PURCHASES PROPERTY WITHIN THE SAME CITY, TOWN OR VILLAGE,
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 RESERVIST, THE SPOUSE OF THE RESERVIST OR UNREMARRIED
SURVIVING SPOUSE OBTAINS TITLE TO THE NEW PROPERTY AND SHALL BE CALCU-
LATED BY MULTIPLYING THE TAX RATE OR RATES FOR EACH MUNICIPAL CORPO-
RATION WHICH LEVIED TAXES, OR FOR WHICH TAXES WERE LEVIED, ON THE APPRO-
PRIATE 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
REQUIREMENT THAT ANY SUCH RESERVIST, THE SPOUSE OF THE RESERVIST OR
UNREMARRIED SURVIVING SPOUSE TRANSFERRING AN EXEMPTION PURSUANT TO THIS
SUBDIVISION SHALL REAPPLY FOR THE EXEMPTION AUTHORIZED PURSUANT TO THIS
SECTION ON OR BEFORE THE FOLLOWING TAXABLE STATUS DATE, IN THE EVENT
SUCH RESERVIST, THE SPOUSE OF THE RESERVIST OR UNREMARRIED SURVIVING
SPOUSE WISHES TO RECEIVE THE EXEMPTION IN FUTURE FISCAL YEARS.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on or after such date.