S T A T E O F N E W Y O R K
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4567
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
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Introduced by M. of A. CUNNINGHAM -- Multi-Sponsored by -- M. of A.
ALVAREZ, BENDETT, CHANG, REYES, STERN -- read once and referred to the
Committee on Aging
AN ACT to amend the real property tax law, in relation to granting a
real property assessment freeze and property tax freeze for persons
sixty-five years of age or older
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-o to read as follows:
§ 467-O. REAL PROPERTY ASSESSMENT FREEZE AND PROPERTY TAX FREEZE FOR
PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER. 1. (A) THE GOVERNING BOARD OF
ANY MUNICIPALITY MAY, BY LOCAL LAW, ORDINANCE OR RESOLUTION GRANT A REAL
PROPERTY ASSESSMENT FREEZE AND PROPERTY TAX FREEZE FOR QUALIFYING REAL
PROPERTY OWNED AND OCCUPIED BY ONE OR MORE PERSONS, EACH OF WHOM IS
SIXTY-FIVE YEARS OF AGE OR OLDER, OR QUALIFYING REAL PROPERTY OWNED AND
OCCUPIED BY SPOUSE OR BY SIBLINGS, ONE OF WHOM IS SIXTY-FIVE YEARS OF
AGE OR OLDER. FOR PURPOSES OF THIS SECTION, "SIBLING" SHALL MEAN EACH OF
TWO OR MORE CHILDREN HAVING ONE OR BOTH PARENTS IN COMMON, WHETHER
RELATED THROUGH HALF BLOOD, WHOLE BLOOD OR ADOPTION.
(B) ANY CITY OF ONE MILLION OR MORE PERSONS MAY, BY LOCAL LAW, GRANT A
TAX ASSESSMENT FREEZE FOR QUALIFYING REAL PROPERTY OWNED AND OCCUPIED BY
THE CHILD OR CHILDREN OF A DECEASED OWNER, PURSUANT TO RESIDENCY
REQUIREMENTS OUTLINED IN SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION
(B) OF SECTION SIX HUNDRED FIVE OF THE TAX LAW AND INCOME REQUIREMENTS
OUTLINED IN PARAGRAPH (D) OF THIS SUBDIVISION. THIS ASSESSMENT FREEZE
SHALL NOT BE TRANSFERABLE TO SUCCESSIVE OWNERS AND SHALL NOT BE CLAIMED
BY MORE THAN ONE JOINT OWNER FOR THE SAME PRIMARY RESIDENCE IN THE SAME
YEAR. THIS ASSESSMENT FREEZE CANNOT BE COMBINED WITH OTHER PROPERTY TAX
EXEMPTIONS OR CREDITS. FOR THE PURPOSES OF THIS SECTION, THE TERMS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08048-01-5
A. 4567 2
"CHILD" AND "CHILDREN" SHALL MEAN THE OFFSPRING OF A PERSON, WHETHER BY
BLOOD OR ADOPTION.
(C) FOR THE PURPOSES OF THIS SECTION, "QUALIFYING REAL PROPERTY" SHALL
MEAN A ONE, TWO OR THREE FAMILY RESIDENCE, A FARM DWELLING OR RESIDEN-
TIAL PROPERTY HELD IN A CONDOMINIUM OR COOPERATIVE FORM OF OWNERSHIP AND
LOCATED IN THIS STATE. IF THE PROPERTY IS NOT AN ELIGIBLE TYPE OF PROP-
ERTY, BUT A PORTION OF THE PROPERTY IS PARTIALLY USED BY THE OWNER AS A
PRIMARY RESIDENCE, THAT PORTION WHICH IS SO USED SHALL BE ENTITLED TO
THE REAL PROPERTY ASSESSMENT FREEZE AND PROPERTY TAX FREEZE PROVIDED BY
THIS SECTION; PROVIDED THAT IN NO EVENT SHALL THE TAXES FOR SUCH PROPER-
TY BE FROZEN IN AN AMOUNT THAT EXCEEDS THE ASSESSED VALUE ATTRIBUTABLE
TO THAT PORTION. THE PRIMARY RESIDENCE AND OCCUPANCY REQUIREMENT SHALL
BE WAIVED IF THE QUALIFYING PERSON OR PERSONS ARE ABSENT FROM THE PROP-
ERTY DUE TO MEDICAL REASONS OR INSTITUTIONALIZATION.
(D) APPLICATION FOR A REAL PROPERTY ASSESSMENT FREEZE AND PROPERTY TAX
FREEZE SHALL BE MADE ANNUALLY TO THE MUNICIPALITY BY THE OWNER OR OWNERS
OF SUCH REAL PROPERTY. NO APPLICATION FOR SUCH REAL PROPERTY ASSESSMENT
FREEZE AND PROPERTY TAX FREEZE SHALL BE GRANTED TO ANY OWNER WITH A
TOTAL INCOME EXCEEDING FIFTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS. FOR
PURPOSES OF THIS SECTION, "INCOME" SHALL MEAN THE GROSS INCOME OF THE
OWNER OR OWNERS OF SUCH PROPERTY FOR THE INCOME TAX YEAR IMMEDIATELY
PRECEDING THE DATE OF APPLICATION FOR SUCH REAL PROPERTY ASSESSMENT
FREEZE AND PROPERTY TAX FREEZE AND SHALL INCLUDE SOCIAL SECURITY AND
RETIREMENT BENEFITS, INTEREST, DIVIDENDS, TOTAL GAIN FROM THE SALE OR
EXCHANGE OF A CAPITAL ASSET WHICH MAY BE OFFSET BY A LOSS FROM THE SALE
OR EXCHANGE OF A CAPITAL ASSET IN THE SAME INCOME TAX YEAR, NET RENTAL
INCOME, EARNED INCOME FROM SALARY OR EARNINGS AND NET INCOME FROM SELF-
EMPLOYMENT, BUT SHALL NOT INCLUDE A RETURN OF CAPITAL, GIFTS OR INHERI-
TANCES. THE AGE OF EACH OWNER OF SUCH PROPERTY SHALL BE THE AGE OF SUCH
PERSON AT THE COMMENCEMENT OF THE MUNICIPALITY'S FISCAL YEAR FOR WHICH
AN APPLICATION FOR SUCH REAL PROPERTY ASSESSMENT FREEZE AND PROPERTY TAX
FREEZE IS MADE.
2. QUALIFYING REAL PROPERTY TAXES SHALL BE FROZEN IN THE AMOUNTS PAYA-
BLE AT THE TIME SUCH APPLICATION FOR A PROPERTY TAX FREEZE IS MADE. REAL
PROPERTY TAX ASSESSMENTS SHALL FREEZE THE ASSESSED VALUE OF QUALIFYING
REAL PROPERTY FOR A CERTAIN PERIOD OF TIME TO BE DETERMINED BY THE MUNI-
CIPALITY. THE ASSESSED VALUE OF SUCH QUALIFYING PROPERTY SHALL REMAIN
FROZEN REGARDLESS IF FUTURE PROPERTY VALUES INCREASE OR DECREASE.
3. THE AMOUNT OF PROPERTY TAXES THAT ARE FROZEN SHALL ACCRUE AGAINST
SUCH PERSON, WITHOUT INTEREST, AND SHALL, ON THE DATE SUCH PROPERTY TAX
FREEZE IS GRANTED, CONSTITUTE A LIEN AGAINST SUCH PROPERTY IN FAVOR OF
THE APPROPRIATE MUNICIPAL CORPORATION. THE OWNER OR OWNERS OF SUCH PROP-
ERTY, HAVING RECEIVED SUCH PROPERTY TAX FREEZE PURSUANT TO THIS SECTION,
MAY, AT ANY TIME, TERMINATE THE PROPERTY TAX FREEZE AND REMOVE THE
RESULTANT LIEN ON SAID PROPERTY BY PAYING IN FULL THE CUMULATIVE AMOUNT
OF SUCH LIEN.
4. A REAL PROPERTY ASSESSMENT FREEZE AND A PROPERTY TAX FREEZE GRANTED
TO A SPOUSE PURSUANT TO THIS SECTION, ONCE GRANTED, SHALL NOT BE
RESCINDED SOLELY BECAUSE OF THE DEATH OF THE OLDER SPOUSE SO LONG AS THE
SURVIVING SPOUSE IS AT LEAST SIXTY-TWO YEARS OF AGE. IN THE EVENT THAT
THE SURVIVING SPOUSE IS LESS THAN SIXTY-TWO YEARS OF AGE, SUCH SURVIVING
SPOUSE SHALL BE ELIGIBLE FOR THE REAL PROPERTY ASSESSMENT FREEZE AND
PROPERTY TAX FREEZE UPON REACHING SIXTY-TWO YEARS OF AGE PROVIDED ALL
OTHER ELIGIBILITY REQUIREMENTS ARE MET.
5. ANY PERSON WHO HAS ALREADY ATTAINED THE AGE OF SIXTY-FIVE YEARS OR
OLDER IS ELIGIBLE FOR SUCH REAL PROPERTY ASSESSMENT FREEZE AND PROPERTY
A. 4567 3
TAX FREEZE AND SHALL BE ENTITLED TO A REAL PROPERTY ASSESSMENT FREEZE
AND PROPERTY TAX FREEZE BASED ON THE TAX YEAR IMMEDIATELY PRECEDING THE
EFFECTIVE DATE OF THIS SECTION.
6. A CITY OF ONE MILLION OR MORE PERSONS MAY, BY LOCAL LAW, DETERMINE
WHETHER A RECIPIENT OF THE ASSESSMENT FREEZE, IF THE QUALIFIED REAL
PROPERTY IS RENDERED UNINHABITABLE OR UNUSABLE BY A CASUALTY OR NATURAL
DISASTER, REMAINS ELIGIBLE TO RECEIVE THE ASSESSMENT FREEZE FOR THE
PROPERTY WHILE THE OWNER CONSTRUCTS A REPLACEMENT QUALIFIED REAL PROPER-
TY ON THE LAND IF THE OWNER DOES NOT ESTABLISH A DIFFERENT PRIMARY RESI-
DENCE FOR WHICH THE OWNER RECEIVES AN ASSESSMENT FREEZE DURING THAT
PERIOD AND INTENDS TO RETURN AND OCCUPY THE PROPERTY AS THE OWNER'S
PRIMARY RESIDENCE. TO CONTINUE TO RECEIVE SUCH FREEZE, THE OWNER SHALL
BEGIN ACTIVE CONSTRUCTION OF THE REPLACEMENT QUALIFIED REAL PROPERTY OR
OTHER PHYSICAL PREPARATION OF THE SITE ON WHICH THE PROPERTY IS TO BE
LOCATED NOT LATER THAN ONE YEAR AFTER THE DATE THE OWNER CEASES TO OCCU-
PY THE FORMER QUALIFIED RESIDENTIAL STRUCTURE AS THE OWNER'S PRIMARY
RESIDENCE. SHOULD THE COST OF REMODELING EXCEED FIFTEEN THOUSAND
DOLLARS, THE CITY MAY, BY LOCAL LAW, DETERMINE WHETHER TO CONTINUE TO
CLAIM THIS ASSESSMENT FREEZE.
7. THE FREEZE PERIOD SHALL EXPIRE WHEN EITHER NO ELIGIBLE PERSON
REMAINS IN THE PROPERTY, OR WHEN THE BENEFICIARY OF THE FREEZE FAILS TO
REAPPLY FOR SUCH FREEZE; PROVIDED, HOWEVER, THAT THE MUNICIPALITY SHALL
PROVIDE A NOTICE SIXTY DAYS PRIOR TO THE ANNUAL REAPPLICATION DEADLINE
VIA UNITED STATES POSTAL SERVICE TO THE BENEFICIARY'S PRIMARY RESIDENCE;
PROVIDED FURTHER, THAT A REAL PROPERTY ASSESSMENT FREEZE PERIOD SHALL
ALSO EXPIRE UPON THE RENOVATION, CONSTRUCTION OR DEMOLITION OF QUALIFY-
ING REAL PROPERTY THAT RESULTS IN A CHANGE TO THE CASH VALUE OF SUCH
PROPERTY OF MORE THAN TEN THOUSAND DOLLARS OR A VALUE ESTABLISHED BY THE
MUNICIPALITY.
8. UPON THE EXPIRATION OF THE PROPERTY TAX FREEZE PERIOD, THE MUNICI-
PALITY MAY COLLECT UPON THE LIEN UTILIZING THE PROCEDURES FOR ENFORCE-
MENT OF COLLECTION OF DELINQUENT TAXES PURSUANT TO ARTICLE ELEVEN OF
THIS CHAPTER.
9. A CITY OF ONE MILLION OR MORE PERSONS SHALL POST ANNOUNCEMENTS,
BOTH BY PUBLICATION AND ELECTRONICALLY, IF THEY OFFER THIS TAX ASSESS-
MENT FREEZE.
10. ANY CONVICTION OF HAVING MADE ANY WILLFUL FALSE STATEMENT IN THE
APPLICATION FOR SUCH FREEZE, SHALL BE PUNISHABLE BY A FINE OF NOT MORE
THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY THE APPLICANT OR APPLI-
CANTS FROM FURTHER FREEZES FOR A PERIOD OF FIVE YEARS.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.