NY State Senate Bill 2017-S5279A

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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
Jan 16, 2018	print number 5279a
Jan 16, 2018	amend and recommit to veterans, homeland security and military affairs
Jan 03, 2018	referred to veterans, homeland security and military affairs
Mar 20, 2017	referred to veterans, homeland security and military affairs

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5279 - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Real Property Tax Law
Laws Affected:: Add §458-c, RPT L
Versions Introduced in 2015-2016 Legislative Session:: S7824

2017-S5279 - Summary

Establishes a real property tax exemption for combat veterans; provides additional exemptions for service-connected disability or death; makes such exemption optional for counties, cities, towns, villages and school districts; requires a public hearing and a resolution providing such exemption.

2017-S5279 - Sponsor Memo

                                 BILL NUMBER:  S5279

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to authorizing a real property tax exemption for combat
veterans

 PURPOSE OR GENERAL IDEA OF BILL :

This bill establishes a new property tax exemption, at local option,
for combat veterans who have received hostile fire pay or imminent
danger pay for the United States department of defense, after the Gulf
War.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new section 458-c to the real property tax law, to
provide that combat veterans who have received hostile fire pay or
imminent danger pay may receive a property tax exemption from the
local government in which they live. This property tax exemption
tracks the Alternative Veterans Exemption contained in section 458-b
of the real property tax law, except it does not require that the
veteran served during a specified period of war. Rather, this
exemption would be available to any combat veteran who has received
hostile fire pay or imminent danger pay.

Section 2 provides that this act shall take effect April 1, 2018.

 JUSTIFICATION :

The department of defense determines combat veteran eligibility based
upon whether the veteran received hostile fire pay or imminent danger
pay. Hostile fire pay is defined as pay to anyone exposed to hostile
fire or mine explosion, while imminent danger pay is paid to anyone on
duty outside the United States area who is subject to physical harm or
imminent danger due to wartime conditions, terrorism, civil
insurrection or civil war.

Veterans who have received hostile fire pay or imminent danger pay,
should be entitled to the same real property tax exemption currently
offered to our veterans who served during a declared period of war.

This measure will ensure that all those, who have put their life on
the line to protect our country during combat, are eligible to receive
the same real property tax exemption regardless of the time period in
which they served. Basing eligibility on the type of duty performed,
as opposed to the time period in which the duty was performed, will
make for a fairer system and will ensure that all of our combat
veterans are treated equally under the law.

 PRIOR LEGISLATIVE HISTORY :

S7824- Referred to Veterans Affairs

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect April 1, 2018.

2017-S5279 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5279
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 Introduced by Sens. CROCI, SEWARD -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Veterans, Homeland
   Security 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02354-01-7

 S. 5279                             2
 
 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
 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.

 S. 5279                             3
 
   (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
 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,

 S. 5279                             4
 
 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-
 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  EIGHTEEN,  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 EIGHTEEN, 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

 S. 5279                             5
 
 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
 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 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.
   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

 S. 5279                             6
 
 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 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.
   § 2. This act shall take effect April 1, 2018.

co-Sponsors

2017-S5279A (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Real Property Tax Law
Laws Affected:: Add §458-c, RPT L
Versions Introduced in 2015-2016 Legislative Session:: S7824

2017-S5279A (ACTIVE) - Summary

2017-S5279A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5279A

SPONSOR: CROCI
 
TITLE OF BILL:  An act to amend the real property tax law, in relation
to authorizing a real property tax exemption for combat veterans

 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a new property tax exemption, at local option, for
combat veterans who have received hostile fire pay or imminent danger
pay for the United States department of defense, after the Gulf War.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 458-c to the real property tax law, to

provide that combat veterans who have received hostile fire pay or immi-
nent danger pay may receive a property tax exemption from the local
government in which they live. This property tax exemption tracks the
Alternative Veterans Exemption contained in section 458-b of the real
property tax law, except it does not require that the veteran served
during a specified period of war. Rather, this exemption would be avail-
able to any combat veteran who has received hostile fire pay or imminent
danger pay.

Section 2 provides that this act shall take effect April 1, 2018.

 
JUSTIFICATION:

The department of defense determines combat veteran eligibility based
upon whether the veteran received hostile fire pay or imminent danger
pay. Hostile fire pay is defined as pay to anyone exposed to hostile
fire or mine explosion, while imminent danger pay is paid to anyone on
duty outside the United States area who is subject to physical harm or
imminent danger due to wartime conditions, terrorism, civil insurrection
or civil war.

Veterans who have received hostile fire pay or imminent danger pay,
should be entitled to the same real property tax exemption currently
offered to our veterans who served during a declared period of war.

This measure will ensure that all those, who have put their life on the
line to protect our country during combat, are eligible to receive the
same real property tax exemption regardless of the time period in which
they served. Basing eligibility on the type of duty performed, as
opposed to the time period in which the duty was performed, will make
for a fairer system and will ensure that all of our combat veterans are
treated equally under the law.

 
PRIOR LEGISLATIVE HISTORY:

S7824 - Referred to Veterans Affairs

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect April 1, 2019.

2017-S5279A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5279--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 Introduced by Sens. CROCI, SEWARD -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Veterans, Homeland
   Security and Military Affairs  --  recommitted  to  the  Committee  on
   Veterans,  Homeland  Security  and Military Affairs in accordance with
   Senate Rule 6, sec. 8 -- 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 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02354-02-8

 S. 5279--A                          2
 
 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
 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

 S. 5279--A                          3
 
 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
 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

 S. 5279--A                          4
 
 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-
 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  NINETEEN,  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 NINETEEN, 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,

 S. 5279--A                          5
 
 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
 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 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.
   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-

 S. 5279--A                          6
 
 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
 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.
   § 2. This act shall take effect April 1, 2019.

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Senate Bill S5279A

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2017-S5279 - Details

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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Bill Amendments

co-Sponsors

James L. Seward

2017-S5279 - Details

2017-S5279 - Summary

2017-S5279 - Sponsor Memo

2017-S5279 - Bill Text download pdf

co-Sponsors

James L. Seward

2017-S5279A (ACTIVE) - Details

2017-S5279A (ACTIVE) - Summary

2017-S5279A (ACTIVE) - Sponsor Memo

2017-S5279A (ACTIVE) - Bill Text download pdf

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