Bill Text: NY A04624 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that the real property tax assessment on property owned by a person 70 years of age or older may be capped at last year's assessment.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2014-01-08 - referred to aging [A04624 Detail]

Download: New_York-2013-A04624-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4624
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2013
                                      ___________
       Introduced  by M. of A. WALTER, TEDISCO, GRAF, McDONOUGH, RAIA, GARBARI-
         NO, DIPIETRO, CURRAN, BLANKENBUSH, CERETTO -- Multi-Sponsored by -- M.
         of A. BROOK-KRASNY, HIKIND -- read once and referred to the  Committee
         on Aging
       AN  ACT  to amend the real property tax law, in relation to capping real
         property assessments for persons seventy years of age or more
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  real  property  tax  law  is amended by adding a new
    2  section 467-g to read as follows:
    3    S 467-G. EXEMPTION FOR HOMEOWNERS SEVENTY YEARS OF AGE AND  OLDER.  1.
    4  REAL PROPERTY OWNED IN WHOLE OR IN PART BY A PERSON SEVENTY YEARS OF AGE
    5  OR  OLDER  MAY, UPON APPLICATION THEREFOR, HAVE THE ASSESSMENT CAPPED AT
    6  THE FIGURE USED IN THE YEAR PRIOR TO THE  YEAR  IN  WHICH  THIS  SECTION
    7  TAKES  EFFECT  OR  IN THE YEAR PRIOR TO THE YEAR IN WHICH SUCH OWNERSHIP
    8  INTEREST IS ACQUIRED, WHICHEVER YEAR IS LATER IN TIME. APPLICATION SHALL
    9  BE MADE TO THE APPROPRIATE LOCAL ASSESSOR'S OFFICE UPON  FORMS  PROVIDED
   10  BY  SUCH  ASSESSOR.  AS USED IN THIS SECTION, THE PHRASE "IN WHOLE OR IN
   11  PART" SHALL BE LIMITED TO AT LEAST AN UNDIVIDED FIFTY PERCENT  INTEREST.
   12  THE  PROVISIONS  OF THIS SECTION ARE LIMITED TO PERSONS SEVENTY YEARS OF
   13  AGE OR OLDER WITH AN ANNUAL INCOME OF ONE HUNDRED  THOUSAND  DOLLARS  OR
   14  LESS.    THIS  SECTION  SHALL  ONLY APPLY IF THE INDIVIDUAL OR BODY THAT
   15  SELECTS THE ASSESSOR SHALL ADOPT ITS APPLICATION.
   16    2. A. IF THIS EXEMPTION IS ADOPTED, THE LOCAL ASSESSOR  SHALL  NOTIFY,
   17  OR CAUSE TO BE NOTIFIED, EACH PERSON OWNING RESIDENTIAL REAL PROPERTY IN
   18  THE  JURISDICTION  OF THE PROVISIONS OF THIS SECTION.  THE PROVISIONS OF
   19  THIS SUBDIVISION MAY BE MET BY A NOTICE SENT TO SUCH PERSONS IN SUBSTAN-
   20  TIALLY THE FOLLOWING FORM: "RESIDENTIAL REAL PROPERTY MAY QUALIFY FOR  A
   21  PARTIAL  EXEMPTION  FROM  TAXES.   TO RECEIVE SUCH EXEMPTION, QUALIFYING
   22  OWNERS MUST FILE AN APPLICATION WITH THEIR LOCAL ASSESSOR ON  OR  BEFORE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07508-01-3
       A. 4624                             2
    1  THE  APPLICABLE  TAXABLE  STATUS DATE.   FOR FURTHER INFORMATION, PLEASE
    2  CONTACT YOUR LOCAL ASSESSOR."
    3    B.  IN  THE  CASE  OF A PARCEL WHICH WAS GRANTED THIS EXEMPTION ON THE
    4  PRECEDING ASSESSMENT ROLL, THE ASSESSOR SHALL CAUSE A NOTICE, PREFERABLY
    5  ON A POSTCARD, TO BE MAILED TO THE OWNER OR OWNERS  ANNUALLY,  AT  LEAST
    6  SIXTY  DAYS BEFORE THE APPROPRIATE TAXABLE STATUS DATE. EACH SUCH NOTICE
    7  SHALL BE MAILED WITHOUT RESTRICTIONS UPON FORWARDING  OR  DELIVERY,  AND
    8  SHALL CONTAIN, IN LANGUAGE PRESCRIBED BY THE COMMISSIONER:
    9    (I) THE INCOME STANDARD FOR THE APPLICABLE INCOME TAX YEAR;
   10    (II)  A  STATEMENT  TO  THE EFFECT THAT RECIPIENTS ARE NOT REQUIRED TO
   11  SUBMIT INCOME TAX RETURNS OR OTHER INCOME DOCUMENTATION TO THE  ASSESSOR
   12  EACH  YEAR,  AS  LONG  AS  THE DEPARTMENT IS ABLE TO VERIFY THEIR INCOME
   13  ELIGIBILITY;
   14    (III) A STATEMENT  TO  THE  EFFECT  THAT  TO  CONTINUE  RECEIVING  THE
   15  EXEMPTION,  THEY  MUST  CONTINUE TO SATISFY THE APPLICABLE RESIDENCY AND
   16  OWNERSHIP REQUIREMENTS, FOLLOWED BY A SUMMARY OF THOSE REQUIREMENTS;
   17    (IV) A STATEMENT TO THE EFFECT THAT THEY ARE REQUESTED TO  NOTIFY  THE
   18  ASSESSOR  BY  TAXABLE  STATUS  DATE  IF  THE PROPERTY IS NO LONGER THEIR
   19  PRIMARY RESIDENCE, OR IF THERE HAS BEEN ANY CHANGE IN THE  OWNERSHIP  OF
   20  THE PROPERTY; AND
   21    (V)  A  STATEMENT  TO  THE  EFFECT THAT IF THERE HAS BEEN NO CHANGE IN
   22  THEIR PRIMARY RESIDENCE OR IN THE OWNERSHIP OF THE  PROPERTY,  AND  THEY
   23  EXPECT  THE DEPARTMENT TO BE ABLE TO VERIFY THEIR INCOME ELIGIBILITY FOR
   24  THE APPLICABLE INCOME TAX YEAR, THERE IS NO REASON FOR THEM  TO  CONTACT
   25  THE ASSESSOR AT THIS TIME.
   26    C.  A  SENIOR  CITIZEN  ELIGIBLE  FOR THE EXEMPTION MAY REQUEST THAT A
   27  NOTICE BE SENT TO AN ADULT THIRD PARTY. SUCH REQUEST SHALL BE MADE ON  A
   28  FORM PRESCRIBED BY THE COMMISSIONER AND SHALL BE SUBMITTED TO THE ASSES-
   29  SOR  OF  THE  ASSESSING  UNIT  IN WHICH THE ELIGIBLE TAXPAYER RESIDES NO
   30  LATER THAN SIXTY DAYS BEFORE THE FIRST TAXABLE STATUS DATE TO  WHICH  IT
   31  IS  TO APPLY.   SUCH FORM SHALL PROVIDE A SECTION WHEREBY THE DESIGNATED
   32  THIRD PARTY SHALL CONSENT TO SUCH DESIGNATION.  SUCH  REQUEST  SHALL  BE
   33  EFFECTIVE  UPON  RECEIPT  BY THE ASSESSOR. THE ASSESSOR SHALL MAINTAIN A
   34  LIST OF ALL ELIGIBLE PROPERTY OWNERS WHO HAVE REQUESTED NOTICES PURSUANT
   35  TO THIS PARAGRAPH.
   36    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   37  have become a law.