S T A T E O F N E W Y O R K
________________________________________________________________________
6934
2017-2018 Regular Sessions
I N S E N A T E
November 1, 2017
___________
Introduced by Sen. JACOBS -- read twice and ordered printed, and when
printed to be committed 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;
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05536-07-7
S. 6934 2
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
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
S. 6934 3
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.
