Bill Text: NY A03359 | 2019-2020 | General Assembly | Introduced


Bill Title: Grants enhanced STAR benefits to veterans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to real property taxation [A03359 Detail]

Download: New_York-2019-A03359-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3359
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Real Property Taxation
        AN  ACT  to  amend  the  real  property tax law, in relation to granting
          enhanced STAR benefits to veterans
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 2 and the subdivision heading,
     2  opening  paragraph  and paragraph (a) of subdivision 4 of section 425 of
     3  the real property tax law, paragraph (a) of subdivision 2 as amended  by
     4  section  1  and  subparagraph  (i)  of paragraph (a) of subdivision 4 as
     5  amended by section 2 of part E of chapter 83 of the laws  of  2002,  the
     6  subdivision  heading  and opening paragraph of subdivision 4 as added by
     7  section 1 of part B of chapter 389 of the laws of 1997 and paragraph (a)
     8  of subdivision 4 as amended by section 4 of part A of chapter 405 of the
     9  laws of 1999, are amended to read as follows:
    10    (a) Overview. There shall be two variations of the  exemption  author-
    11  ized  by  this  section:  an exemption for property owned by persons who
    12  satisfy the criteria set forth in subdivision  three  of  this  section,
    13  which shall be known as the "basic" STAR exemption, and an exemption for
    14  property  owned by senior citizens and veterans who satisfy the criteria
    15  set forth in both subdivisions three and four  of  this  section,  which
    16  shall  be  known as the "enhanced" STAR exemption. The exempt amount for
    17  each assessing unit shall be determined annually as set  forth  in  this
    18  subdivision,  by multiplying the "base figure" by the locally-applicable
    19  "sales price differential factor," if any, multiplying  the  product  by
    20  the  appropriate  "equalization  factor" for the assessing unit, and, if
    21  necessary, increasing the result to equal the  applicable  "floor."  The
    22  result is then rounded to the nearest multiple of ten dollars.
    23    Senior  citizens  and  veterans.   The enhanced exemption for property
    24  owned by senior citizens and veterans shall be provided where all of the
    25  following requirements are satisfied:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05199-01-9

        A. 3359                             2
     1    (a) Age or veteran status.  (i) All of the owners must  be  either  at
     2  least  sixty-five years of age or [older] veterans as of the date speci-
     3  fied herein, or in the case of property owned by husband and wife or  by
     4  siblings,  one of the owners must be either at least sixty-five years of
     5  age  or  a  veteran  as  of that date and the property must serve as the
     6  primary residence of that owner. For the two thousand--two thousand  one
     7  school year, eligibility for the exemption shall be based upon age as of
     8  December  thirty-first,  two  thousand. For each subsequent school year,
     9  the applicable date shall be advanced by one year.
    10    (ii) The term "siblings" as used herein shall have the same meaning as
    11  set forth in section four hundred sixty-seven of this article.
    12    (ii-a) The term "veteran" as used herein shall have the same  meanings
    13  as  set  forth  in  section  four hundred fifty-eight-a and section four
    14  hundred fifty-eight-b of this article.
    15    (iii) In the case of property owned by husband and wife, one  of  whom
    16  is  sixty-five  years of age or over, the exemption, once granted, shall
    17  not be rescinded solely because of the death of the older spouse so long
    18  as the surviving spouse is at least sixty-two years of  age  as  of  the
    19  date specified in this paragraph.
    20    (iv) In the case of property owned by husband and wife, one of whom is
    21  a  veteran,  the  exemption, once granted, shall not be rescinded solely
    22  because of the death of the veteran spouse  so  long  as  the  surviving
    23  spouse is a veteran.
    24    (v)  In  the  case of property owned by a veteran who is also at least
    25  sixty-five years of age, such property shall  be  subject  to  both  the
    26  senior  citizen  enhanced  STAR  benefit as well as half of the veterans
    27  enhanced STAR benefit.
    28    (vi) In the case of property owned by a veteran that has been  granted
    29  an  exemption  under  either  section four hundred fifty-eight-a or four
    30  hundred fifty-eight-b of this article by a school district, the property
    31  shall not be eligible for the veterans enhanced STAR benefit.
    32    § 2. This act shall take effect immediately and shall apply to all tax
    33  years commencing on or after it shall have become a law.
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