Senate Bill S7696

2017-2018 Legislative Session

Authorizes a property tax cap for persons over seventy years of age

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2017-S7696 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Add §467-k, RPT L
Versions Introduced in 2019-2020 Legislative Session:
S4579

2017-S7696 (ACTIVE) - Summary

Authorizes a property tax cap for persons over seventy years of age where the governing board of the municipality adopts a local law, ordinance or resolution providing for such cap.

2017-S7696 (ACTIVE) - Sponsor Memo

2017-S7696 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7696
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Aging
 
 AN ACT to amend the real property tax law, in relation to a real proper-
   ty tax cap for persons over seventy years of age
 
   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. REAL PROPERTY TAX CAP FOR CERTAIN PERSONS OVER SEVENTY  YEARS
 OF  AGE.  1. REAL PROPERTY OWNED BY ONE OR MORE PERSONS, EACH OF WHOM IS
 SEVENTY YEARS OF AGE OR OVER, OR REAL  PROPERTY  OWNED  BY  HUSBAND  AND
 WIFE,  ONE  OF WHOM IS SEVENTY YEARS OF AGE OR OVER, MAY BE SUBJECT TO A
 REAL PROPERTY TAX CAP PROVIDED THE  GOVERNING  BOARD  OF  ANY  MUNICIPAL
 CORPORATION IN WHICH THE REAL PROPERTY IS LOCATED, AFTER PUBLIC HEARING,
 ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THAT REAL PROPERTY
 TAXES  FOR  SUCH  PROPERTY  BE CAPPED AT THE AMOUNTS PAYABLE AT THE TIME
 SUCH APPLICATION IS MADE.
   2. PROPERTY SHALL BE ELIGIBLE FOR A TAX CAP IF:
   (A) THE INCOME OF THE OWNER OR THE COMBINED INCOME OF  THE  OWNERS  OF
 THE  PROPERTY  FOR THE INCOME TAX YEAR IMMEDIATELY PRECEDING THE DATE OF
 MAKING APPLICATION FOR THE CAP DOES NOT EXCEED THE SUM OF SEVENTY  THOU-
 SAND  DOLLARS.  INCOME SHALL MEAN THE AGGREGATE ADJUSTED GROSS INCOME OF
 ALL OWNERS FOR THE TAXABLE YEAR AS FILED, OR AS WOULD HAVE  BEEN  FILED,
 ON THEIR FEDERAL PERSONAL INCOME TAX RETURN.
   (B)  THE  TITLE OF THE PROPERTY SHALL HAVE BEEN VESTED IN THE OWNER OR
 ONE OF THE OWNERS OF THE PROPERTY FOR AT  LEAST  THIRTY-SIX  CONSECUTIVE
 MONTHS  PRIOR  TO  THE  DATE  OF MAKING APPLICATION FOR A CAP, PROVIDED,
 HOWEVER, THAT IF AS THE RESULT OF THE DEATH OF EITHER A HUSBAND OR  WIFE
 IN  WHOSE NAME TITLE OF THE PROPERTY WAS VESTED AT THE TIME OF DEATH THE
 PROPERTY BECOMES VESTED SOLELY IN THE SURVIVOR BY VIRTUE OF DEVISE BY OR
 DESCENT FROM THE DECEASED HUSBAND OR WIFE, THE TIME OF OWNERSHIP OF  THE
 PROPERTY  BY THE DECEASED HUSBAND OR WIFE SHALL BE DEEMED ALSO A TIME OF
 OWNERSHIP BY THE SURVIVOR AND SUCH OWNERSHIP SHALL BE DEEMED  CONTINUOUS
 FOR  THE  PURPOSES  OF  COMPUTING  SUCH PERIOD OF THIRTY-SIX CONSECUTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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