Bill Text: NY A10128 | 2019-2020 | General Assembly | Introduced


Bill Title: Allows owners of real property who receive a tax exemption under section 421-a of the real property law to also receive a tax exemption under the senior citizen homeowners exemption or the disabled homeowners exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-12 - referred to real property taxation [A10128 Detail]

Download: New_York-2019-A10128-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10128

                   IN ASSEMBLY

                                     March 12, 2020
                                       ___________

        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Real Property Taxation

        AN ACT to amend the real property tax law, in relation to allowing addi-
          tional tax exemptions for certain owners of real property

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (j)  of subdivision 16 of section 421-a of the
     2  real property tax law, as amended by section 3 of part TTT of chapter 59
     3  of the laws of 2017, is amended to read as follows:
     4    (j) Concurrent exemptions or abatements. An eligible multiple dwelling
     5  receiving Affordable New York Housing Program benefits shall not receive
     6  any exemption from or abatement of  real  property  taxation  under  any
     7  other  law,  except  exemptions  authorized  under  section four hundred
     8  sixty-seven or section four hundred fifty-nine-c of this title.  If  the
     9  benefit  authorized by this section is higher than the exemption author-
    10  ized under section four hundred  sixty-seven  or  section  four  hundred
    11  fifty-nine-c  of  this title, such eligible multiple dwelling shall only
    12  receive the affordable  New  York  housing  program  benefit,  provided,
    13  however,  if  the exemption authorized under section four hundred sixty-
    14  seven or section four hundred fifty-nine-c of this title is greater than
    15  the benefit authorized under this section, such eligible multiple dwell-
    16  ing shall receive the benefit authorized under  this  section  plus  the
    17  difference  of  the  exemption  authorized  under  section  four hundred
    18  sixty-seven or section four hundred fifty-nine-c of this title  and  the
    19  benefit authorized under this section.
    20    §  2.  Subdivision 3 of section 459-c of the real property tax law, as
    21  amended by section 10 of part E of chapter 83 of the laws  of  2002,  is
    22  amended to read as follows:
    23    3.  Any exemption provided by this section shall be computed after all
    24  other partial exemptions allowed by law, excluding the school tax relief
    25  (STAR) exemption authorized by section four hundred twenty-five of  this
    26  title,  have  been  subtracted from the total amount assessed; provided,
    27  however, that no parcel may receive an exemption for the same  municipal
    28  tax  purpose  pursuant  to  both  this  section and section four hundred

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15404-01-0

        A. 10128                            2

     1  sixty-seven of this title. If  a  parcel  receives  benefits  under  the
     2  affordable  New  York housing program under section four hundred twenty-
     3  one-a of this title  and  such  exemption  is  greater  than  the  total
     4  exemption  amount assessed under this section, such qualified real prop-
     5  erty owner shall only receive the exemption  under  the  affordable  New
     6  York  housing  program,  provided,  however  if the exemption authorized
     7  under this section is greater than the benefit authorized under  section
     8  four  hundred twenty-one-a of this title, such real property owner shall
     9  receive the benefit authorized under section four  hundred  twenty-one-a
    10  of this title plus the difference of the exemption authorized under this
    11  section  and  the  benefit authorized under section four hundred twenty-
    12  one-a of this title.
    13    § 3. Paragraph (c) of subdivision 1 of section 467 of the real proper-
    14  ty tax law, as amended by section 11 of part E of chapter 83 of the laws
    15  of 2002, is amended to read as follows:
    16    (c) Any exemption provided by this section shall be computed after all
    17  other partial exemptions allowed by law, excluding the school tax relief
    18  (STAR) exemption authorized by section four hundred twenty-five of  this
    19  title,  have  been  subtracted from the total amount assessed; provided,
    20  however, that no parcel may receive an exemption for the same  municipal
    21  tax  purpose  pursuant  to  both  this  section and section four hundred
    22  fifty-nine-c of this title. If a  parcel  receives  benefits  under  the
    23  affordable  New  York housing program under section four hundred twenty-
    24  one-a of this title  and  such  exemption  is  greater  than  the  total
    25  exemption  amount assessed under this section, such qualified real prop-
    26  erty owner shall only receive the exemption  under  the  affordable  New
    27  York  housing  program,  provided,  however  if the exemption authorized
    28  under this section is greater than the benefit authorized under  section
    29  four  hundred twenty-one-a of this title, such real property owner shall
    30  receive the benefit authorized under section four  hundred  twenty-one-a
    31  of this title plus the difference of the exemption authorized under this
    32  section  and  the  benefit authorized under section four hundred twenty-
    33  one-a of this title.
    34    § 4. This act shall take effect on the thirtieth day  after  it  shall
    35  have become a law.
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