S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2980--A                                            A. 2339--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 IN SENATE -- Introduced by Sens. LAVALLE, ORTT -- read twice and ordered
   printed, and when printed to be committed to the Committee on Aging --
   recommitted  to  the Committee on Aging in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Aging -- recommitted to the Committee on Aging  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the real property tax law, in relation to authorizing a
   tax exemption for senior citizen tenants residing in manufactured home
   parks in certain municipal corporations and school districts
 
   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. TENANTS SIXTY-FIVE YEARS OF AGE OR OVER  WITHIN  MANUFACTURED
 HOME  PARKS.  1.  ANY  MUNICIPAL CORPORATION OR SCHOOL DISTRICT WITHIN A
 COUNTY WITH A POPULATION BETWEEN ONE MILLION FOUR HUNDRED  NINETY  THOU-
 SAND  AND ONE MILLION FIVE HUNDRED THOUSAND BASED UPON THE LATEST DECEN-
 NIAL FEDERAL CENSUS SHALL BE AUTHORIZED TO PROVIDE A SENIOR CITIZEN  TAX
 EXEMPTION  PROGRAM  FOR  SENIOR  CITIZENS  RESIDING  WITHIN MANUFACTURED
 HOMES, AS DEFINED BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL  PROP-
 ERTY  LAW,  WITHIN SUCH COUNTY, AFTER A PUBLIC HEARING THEREON, AND UPON
 THE ADOPTION OF A LOCAL LAW OR ORDINANCE, OR FOR A SCHOOL DISTRICT  UPON
 THE  ADOPTION  OF  A RESOLUTION, PROVIDING THEREFOR. SUCH PROGRAMS SHALL
 APPLY TO SENIOR CITIZENS SIXTY-FIVE YEARS OF AGE OR OVER, AS DEFINED  IN
 PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED TWENTY-FIVE OF
 THIS  TITLE, WHO RESIDE IN A MANUFACTURED HOME LOCATED ON LAND FOR WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04086-02-8

 S. 2980--A                          2                         A. 2339--A
 
 RESIDENTIAL RENT IS PAID AND WHOSE COMBINED INCOME DOES NOT  EXCEED  THE
 INCOME  STANDARD  SET  FORTH  IN  PARAGRAPH  (B)  OF SUBDIVISION FOUR OF
 SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE AND WITHIN ANY ADDITIONAL
 SPECIFIED  LIMITS AS FURTHER ESTABLISHED BY SUCH LAW OR LOCAL ORDINANCE.
 SUCH TAX EXEMPTION SHALL INCLUDE A PROPORTIONAL SHARE OF THE INCREASE IN
 ANNUAL TAXES LEVIED UPON BUILDINGS  AND  LAND  WITHIN  SUCH  PARK.  THIS
 AMOUNT  SHALL BE CALCULATED BASED UPON THE PERCENTAGE THAT THE NUMBER OF
 HOMES QUALIFYING UNDER THIS SECTION BEARS TO THE TOTAL LOTS WITHIN  SUCH
 PARK  WHICH  SHALL  BE  MULTIPLIED BY THE OVERALL ANNUAL TAX INCREASE ON
 BUILDINGS AND LAND CONSTITUTING THE COMMON AREAS OF SUCH PARK.
   2. THE ELIGIBLE SENIOR CITIZEN SHALL APPLY EACH YEAR  TO  QUALIFY  FOR
 THE  EXEMPTION,  PRIOR  TO THE TAXABLE STATUS DATE PRESCRIBED BY LAW, TO
 THE APPROPRIATE LOCAL ASSESSOR FOR A TAX  EXEMPTION  CERTIFICATE,  ON  A
 FORM  PRESCRIBED  BY  THE  COMMISSIONER.    IN  ORDER  TO  RECEIVE  SUCH
 EXEMPTION, EACH APPLICANT MUST SUBMIT, AS PART OF THE APPLICATION  PROC-
 ESS,  AN ACCESSORY AGREEMENT SIGNED BY HIS OR HER MANUFACTURED HOME PARK
 LANDLORD, ATTESTING TO THE LANDLORD'S WILLINGNESS TO PARTICIPATE IN  THE
 PROGRAM. SUCH AGREEMENT SHALL INCLUDE THE LANDLORD'S RESPONSIBILITIES TO
 (A)  REDUCE  THE  TENANT'S RENT ON A MONTHLY BASIS BY ONE-TWELFTH OF THE
 AMOUNT OF THE ANNUAL EXEMPTION GRANTED, (B) REIMBURSE, TO  THE  RECEIVER
 OF  TAXES  OF  THE  MUNICIPAL CORPORATION WHICH GRANTED THE EXEMPTION, A
 PRO-RATED PORTION OF THE TAX EXEMPTION IF HIS OR HER  QUALIFYING  TENANT
 SHOULD  MOVE  DURING  THE  TAXABLE PERIOD, AND (C) PERMIT ALL QUALIFYING
 TENANTS TO PARTICIPATE IN THE PROGRAM.
   3. A TAX EXEMPTION CERTIFICATE ESTABLISHING THE  AMOUNT  OF  EXEMPTION
 FOR  THE  TAXABLE  PERIOD  SHALL BE ISSUED TO EACH SENIOR CITIZEN WHO IS
 ELIGIBLE BY THE RESPECTIVE LOCAL ASSESSOR UPON REQUEST.   COPIES OF  THE
 CERTIFICATE SHALL BE ISSUED TO THE OWNER OF THE REAL PROPERTY CONTAINING
 THE MANUFACTURED HOME OF THE SENIOR CITIZEN AND TO THE RECEIVER OF TAXES
 OF  EACH  MUNICIPALITY  WHICH  HAS  GRANTED  THE EXEMPTION OF TAXES. THE
 EXEMPTION FOR THE TAX PERIOD SET IN THE TAX EXEMPTION CERTIFICATE  SHALL
 BE DEDUCTED FROM THE TOTAL TAXES LEVIED BY THE MUNICIPALITY WHICH GRANT-
 ED THE EXEMPTION ON REAL PROPERTY CONTAINING THE MANUFACTURED HOME.
   4.  ANY  CONVICTION  OF  HAVING  MADE A WILLFUL FALSE STATEMENT IN THE
 APPLICATION FOR EXEMPTION PURSUANT TO THIS SECTION SHALL  BE  PUNISHABLE
 BY  A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY THE
 APPLICANT SENIOR CITIZEN AND/OR HOMEOWNER FROM FURTHER EXEMPTIONS FOR  A
 PERIOD OF FIVE YEARS.
   5.  THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO ALL MANUFAC-
 TURED HOME UNITS WITHIN A MANUFACTURED HOME PARK WHICH COMPLY  WITH  ALL
 RELEVANT HOUSING CODES, LOCAL LAWS OR ORDINANCES.
   6. ANY MUNICIPAL CORPORATION OR SCHOOL DISTRICT WITHIN A COUNTY WITH A
 POPULATION  BETWEEN  ONE  MILLION  FOUR  HUNDRED NINETY THOUSAND AND ONE
 MILLION FIVE HUNDRED THOUSAND BASED UPON THE  LATEST  DECENNIAL  FEDERAL
 CENSUS  THAT ADOPTS SUCH PROGRAM FOR SENIOR CITIZENS RESIDING IN A MANU-
 FACTURED HOME PARK SHALL RECEIVE REIMBURSEMENT FOR THE COST OF  ADMINIS-
 TERING THE PROGRAM FROM THE STATE OF NEW YORK.
   §  2.  This  act  shall take effect January 1, 2019 and shall apply to
 real property having a taxable status date on or  after  such  effective
 date.