Assembly Bill A8338

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8338
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Veterans' Affairs
 
 AN  ACT  to  amend the real property tax law, in relation to providing a
   supplemental exemption from taxation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (a) and subparagraph (iii) of paragraph (c) of
 subdivision 2 of section 458-b of the real property tax  law,  paragraph
 (a) as amended by chapter 253 of the laws of 2016, subparagraph (iii) of
 paragraph (c) as amended by chapter 290 of the laws of 2017, are amended
 to read as follows:
   (a) Each county, city, town or village may adopt a local law, and each
 school district may adopt a resolution, to provide that qualifying resi-
 dential  real  property  shall  be exempt from taxation to the extent of
 either: (i) 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 of the assessing unit, or, in the case  of  a  special
 assessing  unit,  the  latest  class  ratio,  whichever is less or; (ii)
 fifteen percent of the assessed value of such property; provided  howev-
 er,  that such exemption shall not exceed twelve thousand dollars or the
 product of twelve thousand dollars multiplied by the latest state equal-
 ization rate for the assessing unit,  or,  in  the  case  of  a  special
 assessing unit, the latest class ratio, whichever is less.  IN ADDITION,
 EACH  COUNTY,  CITY,  TOWN  OR  VILLAGE  MAY ADOPT A LOCAL LAW, AND EACH
 SCHOOL DISTRICT MAY ADOPT A RESOLUTION, THAT PROVIDES  QUALIFIED  APPLI-
 CANTS  WITH A SUPPLEMENTAL EXEMPTION FROM TAXATION TO THE EXTENT OF FIVE
 HUNDRED DOLLARS.
   (iii) The exemption provided by  paragraph  (a)  of  this  subdivision
 shall be granted [for a period of ten years] AND REMAIN IN EFFECT PURSU-
 ANT  TO THE ADOPTION OF A LOCAL LAW OR RESOLUTION UNLESS REPEALED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11711-01-1
              

 A. 8338                             2
 
 PROVISIONS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.  The commence-
 ment of such [ten year period] REAL  PROPERTY  TAX  EXEMPTION  shall  be
 governed  pursuant  to  this  subparagraph. Where a qualified owner owns
 qualifying  residential real property on the effective date of the local
 law or resolution providing for such exemption, such [ten  year  period]
 EXEMPTION  shall  [be  measured]  TAKE  EFFECT  from the assessment roll
 prepared pursuant to the first taxable status date occurring on or after
 the effective date of the local law or  resolution  providing  for  such
 exemption.  Where  a qualified owner does not own qualifying residential
 real property on the effective date  of  the  local  law  or  resolution
 providing for such exemption, such [ten year period] EXEMPTION shall [be
 measured]  TAKE EFFECT from the assessment roll prepared pursuant to the
 first taxable status date occurring at least sixty days after  the  date
 of  purchase of qualifying residential real property; provided, however,
 that should the veteran apply for and be granted  an  exemption  on  the
 assessment  roll  prepared  pursuant  to a taxable status date occurring
 within sixty days after the date of purchase of residential real proper-
 ty, such [ten year period] EXEMPTION shall  [be  measured]  TAKE  EFFECT
 from  the  first  assessment  roll  in  which the exemption occurs. If[,
 before the expiration of such ten year period,] such exempt property  is
 sold  and  replaced with other residential real property, such exemption
 may be granted pursuant to this subdivision for the [unexpired]  portion
 of  the [ten year exemption] REMAINING ASSESSMENT ROLL period[, provided
 however, that notwithstanding the ten year  limitation  imposed  by  the
 foregoing provisions of this subparagraph, a county, city, town, village
 or  school  district that has adopted a local law or resolution pursuant
 to paragraph (a) of this subdivision may adopt a local law or resolution
 providing that the exemption authorized by this section shall  apply  to
 qualifying owners of qualifying real property for as long as they remain
 qualifying  owners,  without  regard  to such ten year limitation]. Each
 county, city, town or village may adopt a local  law,  and  each  school
 district  may adopt a resolution, to reduce the maximum exemption allow-
 able in paragraphs (a) and (b)  of  this  subdivision  to  six  thousand
 dollars,  nine thousand dollars and thirty thousand dollars, respective-
 ly, or four thousand dollars, six thousand dollars and  twenty  thousand
 dollars,  respectively.  Each  county,  city,  town,  or village is also
 authorized to adopt a local law, and each school district  may  adopt  a
 resolution,  to  increase  the maximum exemption allowable in paragraphs
 (a) and (b) of this subdivision to ten thousand dollars,  fifteen  thou-
 sand  dollars  and fifty thousand dollars, respectively; twelve thousand
 dollars, eighteen thousand dollars and sixty thousand  dollars,  respec-
 tively;  fourteen  thousand  dollars,  twenty-one  thousand  dollars and
 seventy thousand dollars, respectively; sixteen thousand dollars,  twen-
 ty-four  thousand  dollars  and  eighty  thousand dollars, respectively;
 eighteen thousand dollars,  twenty-seven  thousand  dollars  and  ninety
 thousand dollars, respectively; twenty thousand dollars, thirty thousand
 dollars and one hundred thousand dollars, respectively; twenty-two thou-
 sand dollars, thirty-three thousand dollars and one hundred ten thousand
 dollars, respectively; twenty-four thousand dollars, thirty-six thousand
 dollars  and  one hundred twenty thousand dollars, respectively; twenty-
 six thousand dollars, thirty-nine  thousand  dollars,  and  one  hundred
 thirty  thousand  dollars,  respectively; twenty-eight thousand dollars,
 forty-two thousand dollars, and  one  hundred  forty  thousand  dollars,
 respectively;  and  thirty thousand dollars, forty-five thousand dollars
 and one hundred fifty thousand dollars,  respectively.  In  addition,  a
 county,  city,  town  or  village  which is a "high-appreciation munici-
 A. 8338                             3
 
 pality" as defined in this subparagraph is authorized to adopt  a  local
 law,  and each school district which is within a high-appreciation muni-
 cipality is authorized to adopt a resolution, to  increase  the  maximum
 exemption  allowable  in  paragraphs  (a) and (b) of this subdivision to
 twenty-six  thousand  dollars,  thirty-nine  thousand  dollars  and  one
 hundred  thirty  thousand  dollars,  respectively; twenty-eight thousand
 dollars, forty-two thousand  dollars  and  one  hundred  forty  thousand
 dollars,  respectively;  thirty  thousand  dollars,  forty-five thousand
 dollars and one hundred fifty thousand dollars, respectively; thirty-two
 thousand dollars, forty-eight thousand dollars  and  one  hundred  sixty
 thousand  dollars, respectively; thirty-four thousand dollars, fifty-one
 thousand dollars and one hundred seventy thousand dollars, respectively;
 thirty-six thousand dollars, fifty-four thousand dollars and one hundred
 eighty thousand dollars, respectively;  thirty-eight  thousand  dollars,
 fifty-seven  thousand  dollars  and one hundred ninety thousand dollars,
 respectively; forty thousand dollars, sixty  thousand  dollars  and  two
 hundred  thousand  dollars,  respectively;  forty-two  thousand dollars,
 sixty-three thousand dollars  and  two  hundred  ten  thousand  dollars,
 respectively;  forty-four  thousand  dollars, sixty-six thousand dollars
 and two hundred twenty thousand dollars, respectively;  forty-six  thou-
 sand  dollars,  sixty-nine thousand dollars and two hundred thirty thou-
 sand dollars, respectively; forty-eight  thousand  dollars,  seventy-two
 thousand  dollars  and two hundred forty thousand dollars, respectively;
 fifty thousand dollars, seventy-five thousand dollars  and  two  hundred
 fifty  thousand  dollars,  respectively.   For purposes of this subpara-
 graph, a "high-appreciation municipality" means: (A) a special assessing
 unit that is a city, (B) a county for which the commissioner has  estab-
 lished  a  sales  price  differential  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 or village which is
 wholly or partly located within such a county.
   § 2. This act shall take effect immediately.