Bill Text: NY S01924 | 2011-2012 | General Assembly | Introduced

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Bill Title: Eliminates the requirement that persons 65 years of age or older, who are eligible for a real property tax exemption, annually reapply for such exemption.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-06-11 - referred to aging [S01924 Detail]

Download: New_York-2011-S01924-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1924
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Aging
       AN ACT to amend the real property tax law, in  relation  to  eliminating
         the  requirement  to  annually  reapply  to  the  exemption granted to
         persons sixty-five years of age or over
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 6 of section 467 of the real property tax law,
    2  as amended by chapter 395 of the laws of 1989, paragraphs (b) and (c) as
    3  amended by chapter 471 of the laws of 1990, and paragraphs (a)  and  (b)
    4  as  further  amended by section 1 of part W of chapter 56 of the laws of
    5  2010 is amended to read as follows:
    6    6. (a) [At least sixty days prior to the  appropriate  taxable  status
    7  date,  the assessing authority shall mail to each person who was granted
    8  exemption pursuant to this section on the  latest  completed  assessment
    9  roll  an  application  form  and  a notice that such application must be
   10  filed on or before taxable status date and be approved in order for  the
   11  exemption  to  be  granted.] The assessing authority shall, within three
   12  days of the completion and filing  of  the  tentative  assessment  roll,
   13  notify  by  mail any applicant who has included with his OR HER applica-
   14  tion at least one self-addressed, pre-paid envelope, of the approval  or
   15  denial of the application; provided, however, that the assessing author-
   16  ity  shall, upon the receipt and filing of the application, send by mail
   17  notification of receipt to any applicant who has included  two  of  such
   18  envelopes  with  the  application.   Where an applicant is entitled to a
   19  notice of denial pursuant to this subdivision, such notice shall be on a
   20  form prescribed by the commissioner and shall state the reasons for such
   21  denial and shall further state that the applicant may have such determi-
   22  nation reviewed in the manner provided by law.  Failure to mail any such
   23  application form or notices or the failure of such person to receive any
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05719-02-1
       S. 1924                             2
    1  of the same shall not prevent the levy, collection  and  enforcement  of
    2  the payment of the taxes on property owned by such person.
    3    (b)  Except  in  cities of one million or more, WHERE any person [who]
    4  has been granted exemption pursuant to this section on [five (5) consec-
    5  utive] A PRIOR completed assessment [rolls] ROLL, including any  [years]
    6  YEAR  when  the  exemption  was granted to a property owned by a husband
    7  and/or wife while both resided in such property, [shall not  be  subject
    8  to  the  requirements  set  forth  in paragraph (a) of this subdivision]
    9  provided the governing board of the municipality in which said  property
   10  is situated after public hearing adopts a local law, ordinance or resol-
   11  ution  providing therefor [however said person shall be mailed an appli-
   12  cation form and a notice  informing  him  of  his  rights.  Such],  SUCH
   13  exemption  shall  be automatically granted on each subsequent assessment
   14  roll. Provided, however, that when tax payment is made by such person  a
   15  sworn  affidavit  must  be  included with such payment which shall state
   16  that such person continues to be eligible for such exemption. Such affi-
   17  davit shall be on a form prescribed by the commissioner. If such affida-
   18  vit is not included with the tax payment, the collecting  officer  shall
   19  proceed pursuant to section five hundred fifty-one-a of this chapter.
   20    (c)  In cities of one million or more, any person who has been granted
   21  exemption pursuant to this section shall file the completed  application
   22  with  the  appropriate assessing authority every twenty-four months from
   23  the date such exemption was granted [without  the  necessity  of  having
   24  been  granted exemption pursuant to this section on five (5) consecutive
   25  completed assessment rolls including any years when  the  exemption  was
   26  granted  to a property owned by a husband and/or wife while both resided
   27  in such property].
   28    S 2. This act shall take effect immediately and  shall  apply  to  tax
   29  rolls  completed  on  or  after  such  date; provided that any municipal
   30  corporation may elect, by local law, ordinance or  resolution,  to  make
   31  the  provisions  of  this  act effective and in full force and effect in
   32  such municipal corporation on and after August 7, 1997.