Assembly Bill A7573

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7573
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law,  in  relation  to  permitting
   persons sixty-five years of age or older to be granted a real property
   tax freeze
 
   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 TAX FREEZE FOR PERSONS SIXTY-FIVE YEARS OF AGE
 OR OLDER. 1. (A) THE GOVERNING BOARD OF A  MUNICIPALITY  MAY,  BY  LOCAL
 LAW, ORDINANCE OR RESOLUTION GRANT A REAL PROPERTY TAX FREEZE FOR QUALI-
 FYING  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 SPOUSES OR BY SIBLINGS, ONE OF WHOM IS SIXTY-FIVE
 YEARS OF AGE OR OLDER. FOR PURPOSES OF  THIS  SECTION,  "SIBLING"  SHALL
 MEAN  ANY  SIBLING,  WHETHER  RELATED THROUGH HALF BLOOD, WHOLE BLOOD OR
 ADOPTION.
   (B) 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 TAX FREEZE PROVIDED BY THIS SECTION; PROVIDED THAT  IN
 NO  EVENT  SHALL THE TAXES FOR SUCH PROPERTY 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 PROPERTY DUE TO MEDICAL REASONS OR
 INSTITUTIONALIZATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11318-02-5
 A. 7573                             2
              

 
   (C) APPLICATION FOR A REAL PROPERTY TAX FREEZE SHALL BE MADE  ANNUALLY
 TO  THE  MUNICIPALITY BY THE OWNER OR OWNERS OF SUCH REAL PROPERTY.  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 APPLICA-
 TION FOR SUCH REAL 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.
   3.  A  REAL  PROPERTY  TAX  FREEZE GRANTED TO SPOUSES 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  TAX  FREEZE  UPON  REACHING  SIXTY-TWO YEARS OF AGE
 PROVIDED ALL OTHER ELIGIBILITY REQUIREMENTS ARE MET.
   4. ANY PERSON WHO HAS ALREADY ATTAINED THE AGE OF SIXTY-FIVE YEARS  OR
 OLDER  IS  ELIGIBLE FOR SUCH REAL PROPERTY TAX FREEZE AND SHALL BE ENTI-
 TLED TO A REAL PROPERTY TAX FREEZE BASED ON  THE  TAX  YEAR  IMMEDIATELY
 PRECEDING THE EFFECTIVE DATE OF THIS SECTION.
   5.  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.
   6.  ANY  CONVICTION  OF HAVING MADE ANY WILLFUL FALSE STATEMENT IN THE
 APPLICATION FOR SUCH FREEZE, SHALL BE PUNISHABLE BY A FINE TO BE  DETER-
 MINED  BY  THE MUNICIPALITY 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.