Assembly Bill A4708

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4708
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to tax exemptions
   for certain eligible reservists
 
   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-d to read as follows:
   §  458-D.  EXEMPTION  FOR  CERTAIN RESERVISTS. 1. FOR PURPOSES OF THIS
 SECTION, "ELIGIBLE RESERVIST" MEANS A MEMBER OF A RESERVE  COMPONENT  OF
 THE  ARMED  FORCES  OF  THE  UNITED STATES ORDERED TO ACTIVE DUTY BY THE
 PRESIDENT OF THE UNITED STATES.
   2. REAL PROPERTY OWNED BY AN ELIGIBLE RESERVIST  OR  SUCH  RESERVIST'S
 SPOUSE SHALL BE EXEMPT FROM TAXATION OF SUCH PROPERTY FOR CITY, VILLAGE,
 TOWN,  PART  TOWN,  SPECIAL  DISTRICT  OR  COUNTY PURPOSES, EXCLUSIVE OF
 SPECIAL ASSESSMENTS,  PROVIDED  THAT  THE  GOVERNING  BODY  OF  A  CITY,
 VILLAGE,  TOWN  OR  COUNTY,  AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW,
 ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
   3. SUCH EXEMPTION SHALL NOT BE GRANTED TO  AN  ELIGIBLE  RESERVIST  OR
 SUCH RESERVIST'S SPOUSE RESIDING IN SUCH COUNTY UNLESS:
   (A) THE PROPERTY IS THE PRIMARY RESIDENCE OF THE APPLICANT;
   (B)  THE  PROPERTY  IS  USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;
 PROVIDED, HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
 USED EXCLUSIVELY FOR THE APPLICANT'S RESIDENCE 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; AND
   (C)  THE  ELIGIBLE  RESERVIST RETAINED ACTIVE DUTY STATUS FOR AT LEAST
 NINETY CONSECUTIVE DAYS WITHIN THE IMMEDIATELY PRECEDING  CALENDAR  YEAR
 IN  WHICH SUCH ELIGIBLE RESERVIST IS REQUESTING THE EXEMPTION AS AUTHOR-
 IZED BY THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02608-01-5
              

 A. 4708                             2
 
   4. ANY ELIGIBLE RESERVIST SHALL BE GRANTED THE EXEMPTION AS AUTHORIZED
 BY THIS SECTION FOR THE PERIOD OF ACTIVE DUTY  STATUS  AS  LONG  AS  THE
 PRIMARY  RESIDENCE  IS LOCATED WITHIN A VILLAGE, TOWN OR COUNTY IN WHICH
 THE GOVERNING BODY OF SUCH VILLAGE, TOWN OR COUNTY, AFTER A PUBLIC HEAR-
 ING,  ADOPTS  A  LOCAL  LAW,  ORDINANCE OR RESOLUTION PROVIDING FOR SUCH
 EXEMPTION.
   5. APPLICATION FOR SUCH EXEMPTION SHALL BE FILED WITH THE ASSESSOR  OR
 OTHER AGENCY, DEPARTMENT OR OFFICE DESIGNATED BY THE MUNICIPALITY OFFER-
 ING  SUCH  EXEMPTION  ON  OR BEFORE THE TAXABLE STATUS DATE ON A FORM AS
 PRESCRIBED BY THE COMMISSIONER.
   6. NO APPLICANT WHO IS AN ELIGIBLE RESERVIST WHO  BY  REASON  OF  SUCH
 STATUS  IS RECEIVING ANY BENEFIT UNDER THE PROVISIONS OF THIS ARTICLE ON
 THE EFFECTIVE DATE OF THIS SECTION SHALL SUFFER ANY DIMINUTION  OF  SUCH
 BENEFIT BECAUSE OF THE PROVISIONS OF THIS SECTION.
   §  2.  This  act  shall  take  effect  immediately, and shall apply to
 assessment rolls prepared on the basis of taxable status dates occurring
 on or after January 1, 2027.