Senate Bill S10180

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10180
 
                             I N  S E N A T E
 
                                May 4, 2026
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in relation  to  providing  a
   tax  exemption  on  certain  auxiliary  dwelling units constructed for
   seniors or disabled individuals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  467-d  of the real property tax law, as added by
 chapter 533 of the laws of 1998, is amended to read as follows:
   § 467-d. Assessment exemption for certain living quarters  constructed
 to  be  occupied  by  a senior citizen or disabled individual. 1. A town
 which is bordered by the Hudson river on the west and a different county
 other than the one in which it is located on the north and is located in
 a county which has a county tax commission with members who  serve  five
 year  overlapping  terms and have powers and duties with respect to real
 property taxation, AND A VILLAGE COVERING MORE THAN  FIVE  SQUARE  MILES
 WITHIN  SUCH  TOWN,  acting  through its local legislative body [is] ARE
 hereby authorized and empowered to adopt and amend local laws to provide
 for an exemption from taxation and special  ad  valorem  levies  to  the
 extent of any increase in assessed value of residential property result-
 ing  from  the  construction  or reconstruction of such property for the
 purpose of providing living  quarters  for  a  senior  citizen,  who  is
 sixty-five years of age or older, or individuals considered disabled and
 receiving  social  security disability benefits. Such an exemption shall
 not  exceed  (a)  the  increase  in  assessed   value   resulting   from
 construction  or  reconstruction of such property, or (b) twenty percent
 of the total assessed value of such property as improved, or (c)  twenty
 percent  of the median sale price of residential property as reported in
 the most recent statistical sales summary published  by  the  office  of
 real  property services for the county in which the property is located,
 whichever is less.
   2. No such exemption shall be granted unless:
   (a) the zoning ordinance of such town OR SUCH VILLAGE, AS  APPLICABLE,
 in  which  such  property  is located permits the construction or recon-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15678-01-6
 S. 10180                            2
 
 struction of residential property for the purpose  of  providing  living
 quarters for senior citizens or disabled individuals;
   (b) the property is located within the geographical area in which such
 construction or reconstruction is permitted; and
   (c)  the  residential property is so constructed or reconstructed such
 that it is the principal place of residence for the owner.
   3. Such exemption shall be applicable only to construction  or  recon-
 struction  which  occurred  subsequent  to  the  effective  date of this
 section FOR SUCH TOWN, AND SUBSEQUENT TO THE EFFECTIVE DATE OF THE CHAP-
 TER OF THE LAWS OF TWO THOUSAND TWENTY-SIX WHICH  AMENDED  THIS  SECTION
 FOR  SUCH  VILLAGE,  and  shall only apply during taxable years in which
 such living quarters are the legal residence of the  senior  citizen  or
 disabled person.
   4.  Such  exemption from taxation shall be granted upon an application
 which shall include a statement that a qualified senior citizen or disa-
 bled individual resides at the residence and shall be made annually upon
 a form to be promulgated by the office of  real  property  services  and
 filed by the owner of such property to the assessor of such town OR SUCH
 VILLAGE, AS APPLICABLE, which has the power to assess property for taxa-
 tion  on  or  before the appropriate taxable status date of such town OR
 SUCH VILLAGE, AS APPLICABLE. If the assessor is satisfied that the prop-
 erty is qualified for an exemption pursuant to this section,  then  such
 residential  improvements  shall  be exempt from taxation and special ad
 valorem levies as herein provided.
   5. Any conviction of having made any willful false statements  in  the
 application  for  such exemption shall result in the revocation thereof,
 be punishable by a civil penalty of not more than  two  hundred  dollars
 and shall disqualify the applicant or applicants from further exemptions
 for a period of two years.
   § 2. This act shall take effect immediately and shall apply to taxable
 years  beginning  on  or  after the first of January next succeeding the
 date on which it shall have become a law.