S T A T E O F N E W Y O R K
________________________________________________________________________
4488
2025-2026 Regular Sessions
I N S E N A T E
February 5, 2025
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to exempting first-time home-
buyers from the mortgage recording tax
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 253 of the tax law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
MORTGAGE RECORDING TAX SHALL NOT BE IMPOSED UPON ANY MORTGAGE WHERE THE
MORTGAGEE IS A FIRST-TIME HOMEBUYER. AS USED IN THIS SUBDIVISION "FIRST-
TIME HOMEBUYER" MEANS A NATURAL PERSON WHO HAS NOT OWNED A PRIMARY RESI-
DENTIAL PROPERTY AND IS NOT MARRIED TO A PERSON WHO HAS OWNED A RESIDEN-
TIAL PROPERTY DURING THE THREE-YEAR PERIOD PRIOR TO THEIR PURCHASE OF
THE PRIMARY RESIDENTIAL PROPERTY, AND WHO DOES NOT OWN A VACATION OR
INVESTMENT HOME.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
mortgages executed on and after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08183-01-5