Bill Text: NY A05015 | 2011-2012 | 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; such assessment shall not be increased as long as ownership remains the same; takes effect sixty days after enactment; requires that it must be adopted by entity selecting assessor.

Sponsorship: Partisan Bill (Republican 18)

Status: (Introduced - Dead) 2011-12-16 - enacting clause stricken [A05015 Detail]

Download: New_York-2011-A05015-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5015
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2011
                                      ___________
       Introduced  by  M. of A. HAYES, BARCLAY, FINCH, D. MILLER, RAIA, SAYWARD
         -- Multi-Sponsored by -- M. of A. CASTELLI,  CERETTO,  CONTE,  DUPREY,
         GIGLIO,  HAWLEY,  JORDAN,  KOLB,  MOLINARO, MONTESANO -- 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.
                                                                  LBD08727-01-1
       A. 5015                             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.