S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5300
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to increasing the
   enhanced  STAR  property  tax  deduction  and  to  providing  a  total
   exemption for school taxes for certain persons eighty years of age and
   older

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "Two  STAR
 Act".
   §  2. Clause (C) of subparagraph (i) of paragraph (b) of subdivision 4
 of section 425 of the real property tax law, as amended by section 3  of
 part E of chapter 83 of the laws of 2002, is amended to read as follows:
   (C)  For final assessment rolls to be completed [in each ensuing year]
 BETWEEN TWO THOUSAND FOUR AND TWO THOUSAND TWENTY-FOUR,  the  applicable
 income  tax  year,  cost-of-living-adjustment  percentage and applicable
 increase percentage shall all be advanced by one year,  and  the  income
 standard shall be the previously-applicable income standard increased by
 the  new cost-of-living-adjustment percentage. If there should be a year
 for which there is no applicable increase percentage due  to  a  general
 benefit  increase  as  defined by subdivision three of subsection (i) of
 section four hundred fifteen of title forty-two  of  the  United  States
 code,  the  applicable increase percentage for purposes of this computa-
 tion shall be deemed to be the percentage which would have yielded  that
 general benefit increase.
   §  3. Clause (C-1) of subparagraph (i) of paragraph (b) of subdivision
 4 of section 425 of the real property tax law is relettered clause (C-2)
 and a new clause (C-1) is added to read as follows:
   (C-1) FOR FINAL ASSESSMENT ROLLS TO BE COMPLETED  AFTER  TWO  THOUSAND
 TWENTY-FOUR,  THE  APPLICABLE INCOME TAX YEAR, COST-OF-LIVING-ADJUSTMENT
 PERCENTAGE AND APPLICABLE INCREASE PERCENTAGE SHALL ALL BE  ADVANCED  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05650-01-3
              

 A. 5300                             2
 
 ONE YEAR, AND THE INCOME STANDARD SHALL BE TWICE THE PREVIOUSLY-APPLICA-
 BLE  INCOME  STANDARD  INCREASED  BY  THE  NEW COST-OF-LIVING-ADJUSTMENT
 PERCENTAGE. IF THERE SHOULD BE A YEAR FOR WHICH THERE IS  NO  APPLICABLE
 INCREASE  PERCENTAGE  DUE  TO  A  GENERAL BENEFIT INCREASE AS DEFINED BY
 SUBDIVISION THREE OF SUBSECTION (I) OF SECTION FOUR HUNDRED  FIFTEEN  OF
 TITLE  FORTY-TWO  OF  THE  UNITED  STATES  CODE, THE APPLICABLE INCREASE
 PERCENTAGE FOR PURPOSES OF THIS COMPUTATION SHALL BE DEEMED  TO  BE  THE
 PERCENTAGE WHICH WOULD HAVE YIELDED THAT GENERAL BENEFIT INCREASE.
   §  4.  Section 425 of the real property tax law is amended by adding a
 new subdivision 4-b to read as follows:
   4-B. SENIOR CITIZENS TOTAL EXEMPTION. FOR FINAL ASSESSMENT ROLLS TO BE
 COMPLETED AFTER TWO THOUSAND TWENTY-FOUR, A TOTAL EXEMPTION FOR PROPERTY
 OWNED BY SENIOR CITIZENS SHALL BE  PROVIDED  WHERE  THE  PROPERTY  OWNER
 SATISFIES  THE REQUIREMENTS OF CLAUSE (C-1) OF SUBPARAGRAPH (I) OF PARA-
 GRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION AND ALL OF THE OWNERS  ARE
 AT  LEAST  EIGHTY YEARS OF AGE OR OLDER AS OF THE DATE OF THE APPLICABLE
 FINAL ASSESSMENT ROLL, OR IN THE CASE OF PROPERTY OWNED BY  HUSBAND  AND
 WIFE  OR BY SIBLINGS, ONE OF THE OWNERS MUST BE AT LEAST EIGHTY YEARS OF
 AGE AS OF THAT DATE AND THE PROPERTY MUST SERVE AS THE PRIMARY RESIDENCE
 OF THAT OWNER.
   (A) AS USED IN THIS SUBDIVISION, THE TERM "SIBLINGS"  SHALL  HAVE  THE
 SAME  MEANING  AS  SET  FORTH IN SECTION FOUR HUNDRED SIXTY-FIVE OF THIS
 ARTICLE.
   (B) AN APPLICATION FOR A TOTAL EXEMPTION PURSUANT TO THIS  SUBDIVISION
 SHALL  BE FILED WITHIN THE SAME TIME FRAMES AND IN THE SAME MANNER AS AN
 APPLICATION FOR THE ENHANCED STAR EXEMPTION PURSUANT TO SUBDIVISION FOUR
 OF THIS SECTION.
   (C) EXEMPTION FROM TAXATION FOR SCHOOL PURPOSES SHALL NOT  BE  GRANTED
 IN THE CASE OF REAL PROPERTY WHERE A CHILD RESIDES IF SUCH CHILD ATTENDS
 A PUBLIC SCHOOL OF ELEMENTARY OR SECONDARY EDUCATION, UNLESS THE GOVERN-
 ING BOARD OF THE SCHOOL DISTRICT IN WHICH THE PROPERTY IS LOCATED, AFTER
 PUBLIC  HEARING,  ADOPTS  A  RESOLUTION  PROVIDING  FOR  SUCH EXEMPTION;
 PROVIDED THAT ANY SUCH RESOLUTION SHALL CONDITION  SUCH  EXEMPTION  UPON
 SATISFACTORY  PROOF THAT THE CHILD WAS NOT BROUGHT INTO THE RESIDENCE IN
 WHOLE OR IN SUBSTANTIAL PART FOR THE PURPOSE OF ATTENDING  A  PARTICULAR
 SCHOOL  WITHIN  THE  DISTRICT. THE PROCEDURE FOR SUCH HEARING AND RESOL-
 UTION MUST BE CONDUCTED SEPARATELY FROM THE PROCEDURE  FOR  ANY  HEARING
 AND  LOCAL  LAW, ORDINANCE OR RESOLUTION CONDUCTED PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED SIXTY-FIVE OF THIS TITLE.
   § 5. Paragraph (a) of subdivision 2 of section 425 of the real proper-
 ty tax law, as amended by section 1 of part E of chapter 83 of the  laws
 of 2002, is amended to read as follows:
   (a)  Overview.  There shall be [two] THREE variations of the exemption
 authorized by this section: (I)  an  exemption  for  property  owned  by
 persons  who satisfy the criteria set forth in subdivision three of this
 section, which shall be known as the "basic" STAR exemption[, and]; (II)
 an exemption for property owned  by  senior  citizens  who  satisfy  the
 criteria  set forth in both subdivisions three and four of this section,
 which shall be known as the "enhanced"  STAR  exemption;  AND  (III)  AN
 EXEMPTION FOR PROPERTY OWNED BY SENIOR CITIZENS WHO SATISFY THE CRITERIA
 SET  FORTH  IN SUBDIVISION FOUR-B OF THIS SECTION. The exempt amount for
 each assessing unit shall be determined annually as set  forth  in  this
 subdivision,  by multiplying the "base figure" by the locally-applicable
 "sales price differential factor," if any, multiplying  the  product  by
 the  appropriate  "equalization  factor" for the assessing unit, and, if
 A. 5300                             3
 
 necessary, increasing the result to equal the  applicable  "floor."  The
 result is then rounded to the nearest multiple of ten dollars.
   § 6. This act shall take effect immediately and shall apply to assess-
 ment rolls completed on and after January 1, 2024.