Senate Bill S1065

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1065
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 establishing a
   senior citizen longtime resident exemption in certain municipalities
 
   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-l to read as follows:
   § 467-L. SENIOR CITIZEN LONGTIME RESIDENT EXEMPTION. 1. ESTABLISHMENT.
 ANY MUNICIPAL CORPORATION, AFTER CONDUCTING A PUBLIC HEARING, MAY  ADOPT
 A LOCAL LAW TO GRANT A SENIOR CITIZEN LONGTIME RESIDENT EXEMPTION PURSU-
 ANT TO THIS SECTION.
   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  MUNICIPAL  CORPORATION  ADOPTING   THE
 PROVISIONS  OF THIS SECTION MAY BY LOCAL LAW FURTHER LIMIT THE EXEMPTION
 TO SPECIFIC AREAS WITHIN SUCH MUNICIPALITY EXPERIENCING AN  INCREASE  IN
 PROPERTY  VALUES  DUE  TO  NEW  DEVELOPMENT OCCURRING THEREIN, WHICH PUT
 SENIOR CITIZEN LONGTIME RESIDENTS 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
 OF  THE  OWNERS  IS  AT LEAST SIXTY-FIVE YEARS OF AGE, AS OF THE TAXABLE
 STATUS DATE.  AT THE OPTION OF THE MUNICIPAL CORPORATION, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02864-01-9

 S. 1065                             2
 
 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
 APPLICABLE 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 APPLICABLE ASSESSOR SHALL MAIL A NOTICE SO STATING TO
 THE OWNER OR OWNERS THEREOF AT THE TIME AND IN THE  MANNER  PROVIDED  BY
 SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
   6. THE APPLICABLE ASSESSOR SHALL, ON OR BEFORE DECEMBER FIRST, MAIL TO
 EACH  PERSON  WHO  WAS GRANTED AN EXEMPTION PURSUANT TO THIS SECTION FOR
 THE CURRENT FISCAL YEAR, AN APPLICATION FORM  FOR  AN  EXEMPTION  AND  A
 NOTICE  THAT  SUCH  APPLICATION  MUST BE FILED NO LATER THAN THE TAXABLE

 S. 1065                             3

 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.