S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9181
 
                             I N  S E N A T E
 
                             October 22, 2018
                                ___________
 
 Introduced  by  Sen.  ROBACH -- 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  exempting
   active  duty  service  members from taxation of qualifying residential
   real property
 
   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. EXEMPTION FOR ACTIVE DUTY SERVICE MEMBERS. 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)  "ACTIVE DUTY SERVICE MEMBER" MEANS A PERSON WHO IS SERVING OR HAS
 SERVED IN ACTIVE DUTY FOR ANY PERIOD OF TIME IN THE UNITED STATES  ARMY,
 NAVY,  MARINE  CORPS, AIR FORCE, OR COAST GUARD, FOR OTHER THAN TRAINING
 PURPOSES.
   (B) "QUALIFIED OWNER" MEANS AN ACTIVE DUTY SERVICE MEMBER, THE  SPOUSE
 OF  AN ACTIVE DUTY SERVICE MEMBER OR THE UNREMARRIED SURVIVING SPOUSE OF
 AN ACTIVE DUTY SERVICE MEMBER. WHERE PROPERTY IS OWNED BY MORE THAN  ONE
 QUALIFIED  OWNER,  THE  EXEMPTION  TO  WHICH  EACH  IS  ENTITLED  MAY BE
 COMBINED.  WHERE AN ACTIVE DUTY SERVICE MEMBER IS ALSO  THE  UNREMARRIED
 SURVIVING  SPOUSE OF AN ACTIVE DUTY SERVICE MEMBER, SUCH PERSON MAY ALSO
 RECEIVE ANY EXEMPTION TO WHICH THE DECEASED SPOUSE WAS ENTITLED.
   (C) "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 SHALL BE THE PRIMARY RESIDENCE OF THE ACTIVE DUTY
 SERVICE MEMBER OR  UNREMARRIED  SURVIVING  SPOUSE  OF  THE  ACTIVE  DUTY
 SERVICE  MEMBER,  UNLESS  THE  ACTIVE DUTY SERVICE MEMBER OR UNREMARRIED
 SURVIVING SPOUSE IS ABSENT FROM THE PROPERTY DUE TO MEDICAL  REASONS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16629-01-8

 S. 9181                             2
 
 INSTITUTIONALIZATION.  IN  THE EVENT THE ACTIVE DUTY SERVICE MEMBER 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 AN ACTIVE DUTY SERVICE MEMBER 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.
   (D)  "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 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  ACTIVE  DUTY
 SERVICE MEMBER EXEMPTION ON THE ASSESSMENT ROLL BY APPLYING SUCH SPECIAL
 EQUALIZATION  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 ACCOM-
 PLISHED, THE ASSESSOR SHALL CERTIFY  SUCH  RECOMPUTATION  TO  THE  LOCAL
 OFFICERS  HAVING  CUSTODY AND CONTROL OF SUCH ROLL, AND SUCH LOCAL OFFI-
 CERS ARE HEREBY DIRECTED AND AUTHORIZED TO ENTER THE  RECOMPUTED  ACTIVE
 DUTY SERVICE MEMBER EXEMPTION CERTIFIED BY THE ASSESSOR ON SUCH ROLL.
   (E)  "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 ACTIVE DUTY SERVICE MEMBER IS SERVING  OR  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,  NAVY  EXPEDITIONARY  MEDAL,  MARINE CORPS
 EXPEDITIONARY MEDAL, OR GLOBAL WAR  ON  TERRORISM  EXPEDITIONARY  MEDAL,
 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.
   (C)  IN  ADDITION TO THE EXEMPTIONS PROVIDED BY PARAGRAPHS (A) AND (B)
 OF THIS SUBDIVISION, WHERE THE ACTIVE DUTY  SERVICE  MEMBER  RECEIVED  A
 COMPENSATION  RATING  FROM THE UNITED STATES VETERAN'S ADMINISTRATION OR

 S. 9181                             3
 
 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 MULTIPLIED BY FIFTY PERCENT OF THE ACTIVE DUTY SERVICE
 MEMBER'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 ASSESS-
 ING  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
 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, VILLAGE AND SCHOOL  DISTRICT  TAXA-
 TION  IF THE GOVERNING BODY OF THE SCHOOL DISTRICT IN WHICH THE PROPERTY
 IS LOCATED, OR IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR
 MORE, THE LOCAL LEGISLATIVE BODY, AFTER PUBLIC HEARINGS, ADOPTS A RESOL-
 UTION, OR IN THE CASE OF A CITY WITH A  POPULATION  OF  ONE  MILLION  OR
 MORE,  A  LOCAL  LAW,  PROVIDING  SUCH EXEMPTION, THE PROCEDURE FOR SUCH
 HEARING AND RESOLUTION OR LOCAL LAW SHALL BE CONDUCTED  SEPARATELY  FROM
 THE  PROCEDURE  FOR  ANY  HEARING  AND LOCAL LAW OR RESOLUTION CONDUCTED
 PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH,  SUBDIVISION  FOUR  AND
 PARAGRAPH (D) OF SUBDIVISION SIX OF THIS 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. 9181                             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. (A) APPLICATION FOR EXEMPTION SHALL 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.
   (B)  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 LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO THIS SECTION  MAY  BE
 REPEALED  BY  THE  GOVERNING  BODY OF THE APPLICABLE COUNTY, CITY, TOWN,
 VILLAGE, OR SCHOOL DISTRICT. SUCH REPEAL MUST OCCUR AT LEAST NINETY DAYS
 PRIOR TO THE TAXABLE STATUS DATE OF SUCH COUNTY, CITY, TOWN, VILLAGE  OR
 SCHOOL DISTRICT.
   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

 S. 9181                             5
 
 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 AN ACTIVE DUTY SERVICE
 MEMBER, THE SPOUSE OF AN  ACTIVE  DUTY  SERVICE  MEMBER  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 TRANS-
 FER AND PRORATE, FOR THE REMAINDER OF THE  FISCAL  YEAR,  THE  EXEMPTION
 RECEIVED. THE PRORATED EXEMPTION SHALL BE BASED UPON THE DATE THE ACTIVE
 DUTY  SERVICE  MEMBER,  THE  SPOUSE OF THE ACTIVE DUTY SERVICE MEMBER OR
 UNREMARRIED 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 ACTIVE DUTY SERVICE MEMBER, THE SPOUSE OF THE
 ACTIVE DUTY SERVICE MEMBER 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 ACTIVE DUTY SERVICE  MEMBER,  THE
 SPOUSE OF THE ACTIVE DUTY SERVICE MEMBER 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.   SUCH  INFORMA-
 TION  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

 S. 9181                             6
 
 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 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.