Bill Text: NY A06510 | 2017-2018 | General Assembly | Amended


Bill Title: Removes the ten year limitation for real property tax exemptions for cold war veterans.

Spectrum: Moderate Partisan Bill (Democrat 28-8)

Status: (Passed) 2017-09-12 - signed chap.290 [A06510 Detail]

Download: New_York-2017-A06510-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6510--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2017
                                       ___________
        Introduced  by  M.  of  A.  D'URSO, DenDEKKER, BENEDETTO, PHEFFER AMATO,
          KEARNS, TITONE, LAVINE, HOOPER, GUNTHER, SANTABARBARA, ABBATE,  ORTIZ,
          SIMANOWITZ,  COLTON,  BLAKE,  BRABENEC,  BLANKENBUSH, B. MILLER, GOTT-
          FRIED, THIELE, STECK, RAIA, MORINELLO, LOPEZ, MOSLEY,  JENNE,  CURRAN,
          M. G. MILLER  --  Multi-Sponsored  by -- M. of A. CRESPO, ENGLEBRIGHT,
          GIGLIO, GRAF, SIMON -- read once and  referred  to  the  Committee  on
          Veterans'  Affairs  --  reported and referred to the Committee on Ways
          and Means -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the real property tax law, in relation to exemptions
          available to veterans
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (iii)  of paragraph (c) of subdivision 2 of
     2  section 458-b of the real property tax law,  as  separately  amended  by
     3  chapters 22 and 253 of the laws of 2016, is amended to read as follows:
     4    (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
     5  shall be granted for a period of ten years. The commencement of such ten
     6  year period shall be governed pursuant to  this  subparagraph.  Where  a
     7  qualified  owner owns qualifying residential real property on the effec-
     8  tive date of the local law or resolution providing for  such  exemption,
     9  such ten year period shall be measured from the assessment roll prepared
    10  pursuant  to  the  first  taxable  status date occurring on or after the
    11  effective date of  the  local  law  or  resolution  providing  for  such
    12  exemption.  Where  a qualified owner does not own qualifying residential
    13  real property on the effective date  of  the  local  law  or  resolution
    14  providing  for  such  exemption,  such ten year period shall be measured
    15  from the assessment roll prepared pursuant to the first  taxable  status
    16  date  occurring at least sixty days after the date of purchase of quali-
    17  fying residential real property;  provided,  however,  that  should  the
    18  veteran  apply  for  and  be granted an exemption on the assessment roll
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10398-03-7

        A. 6510--A                          2
     1  prepared pursuant to a taxable status date occurring within  sixty  days
     2  after  the  date of purchase of residential real property, such ten year
     3  period shall be measured from the first assessment  roll  in  which  the
     4  exemption  occurs.  If,  before  the expiration of such ten year period,
     5  such exempt property is sold and replaced with  other  residential  real
     6  property, such exemption may be granted pursuant to this subdivision for
     7  the  unexpired portion of the ten year exemption period, provided howev-
     8  er, that notwithstanding the ten year limitation imposed by the  forego-
     9  ing  provisions  of  this subparagraph, a county, city, town, village or
    10  school district that has adopted a local law or resolution  pursuant  to
    11  paragraph  (a)  of  this subdivision may adopt a local law or resolution
    12  providing that the exemption authorized by this section shall  apply  to
    13  qualifying owners of qualifying real property for as long as they remain
    14  qualifying  owners,  without  regard  to  such ten year limitation. Each
    15  county, city, town or village may adopt a local  law,  and  each  school
    16  district  may adopt a resolution, to reduce the maximum exemption allow-
    17  able in paragraphs (a) and (b)  of  this  subdivision  to  six  thousand
    18  dollars,  nine thousand dollars and thirty thousand dollars, respective-
    19  ly, or four thousand dollars, six thousand dollars and  twenty  thousand
    20  dollars,  respectively.  Each  county,  city,  town,  or village is also
    21  authorized to adopt a local law, and each school district  may  adopt  a
    22  resolution,  to  increase  the maximum exemption allowable in paragraphs
    23  (a) and (b) of this subdivision to ten thousand dollars,  fifteen  thou-
    24  sand  dollars  and fifty thousand dollars, respectively; twelve thousand
    25  dollars, eighteen thousand dollars and sixty thousand  dollars,  respec-
    26  tively;  fourteen  thousand  dollars,  twenty-one  thousand  dollars and
    27  seventy thousand dollars, respectively; sixteen thousand dollars,  twen-
    28  ty-four  thousand  dollars  and  eighty  thousand dollars, respectively;
    29  eighteen thousand dollars,  twenty-seven  thousand  dollars  and  ninety
    30  thousand dollars, respectively; twenty thousand dollars, thirty thousand
    31  dollars and one hundred thousand dollars, respectively; twenty-two thou-
    32  sand dollars, thirty-three thousand dollars and one hundred ten thousand
    33  dollars, respectively; twenty-four thousand dollars, thirty-six thousand
    34  dollars  and  one hundred twenty thousand dollars, respectively; twenty-
    35  six thousand dollars, thirty-nine  thousand  dollars,  and  one  hundred
    36  thirty  thousand  dollars,  respectively; twenty-eight thousand dollars,
    37  forty-two thousand dollars, and  one  hundred  forty  thousand  dollars,
    38  respectively;  and  thirty thousand dollars, forty-five thousand dollars
    39  and one hundred fifty thousand dollars,  respectively.  In  addition,  a
    40  county,  city,  town  or  village  which is a "high-appreciation munici-
    41  pality" as defined in this subparagraph is authorized to adopt  a  local
    42  law,  and each school district which is within a high-appreciation muni-
    43  cipality is authorized to adopt a resolution, to  increase  the  maximum
    44  exemption  allowable  in  paragraphs  (a) and (b) of this subdivision to
    45  twenty-six  thousand  dollars,  thirty-nine  thousand  dollars  and  one
    46  hundred  thirty  thousand  dollars,  respectively; twenty-eight thousand
    47  dollars, forty-two thousand  dollars  and  one  hundred  forty  thousand
    48  dollars,  respectively;  thirty  thousand  dollars,  forty-five thousand
    49  dollars and one hundred fifty thousand dollars, respectively; thirty-two
    50  thousand dollars, forty-eight thousand dollars  and  one  hundred  sixty
    51  thousand  dollars, respectively; thirty-four thousand dollars, fifty-one
    52  thousand dollars and one hundred seventy thousand dollars, respectively;
    53  thirty-six thousand dollars, fifty-four thousand dollars and one hundred
    54  eighty thousand dollars, respectively;  thirty-eight  thousand  dollars,
    55  fifty-seven  thousand  dollars  and one hundred ninety thousand dollars,
    56  respectively; forty thousand dollars, sixty  thousand  dollars  and  two

        A. 6510--A                          3
     1  hundred  thousand  dollars,  respectively;  forty-two  thousand dollars,
     2  sixty-three thousand dollars  and  two  hundred  ten  thousand  dollars,
     3  respectively;  forty-four  thousand  dollars, sixty-six thousand dollars
     4  and  two  hundred twenty thousand dollars, respectively; forty-six thou-
     5  sand dollars, sixty-nine thousand dollars and two hundred  thirty  thou-
     6  sand  dollars,  respectively;  forty-eight thousand dollars, seventy-two
     7  thousand dollars and two hundred forty thousand  dollars,  respectively;
     8  fifty  thousand  dollars,  seventy-five thousand dollars and two hundred
     9  fifty thousand dollars, respectively. For purposes of this subparagraph,
    10  a "high-appreciation municipality" means: (A) a special  assessing  unit
    11  that  is a city, (B) a county for which the commissioner has established
    12  a sales price differential factor for purposes  of  the  STAR  exemption
    13  authorized  by  section  four hundred twenty-five of this title in three
    14  consecutive years, and (C) a city, town or village which  is  wholly  or
    15  partly located within such a county.
    16    § 2. This act shall take effect immediately and shall apply to assess-
    17  ment rolls prepared on the basis of taxable status dates occurring on or
    18  after January 1, 2018.
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