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A04299 Summary:

BILL NOA04299
 
SAME ASNo Same As
 
SPONSORJensen
 
COSPNSR
 
MLTSPNSR
 
Add §471, RPT L
 
Establishes a real property tax exemption for the primary residences of widowed spouses of firefighters killed in the line of duty.
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A04299 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4299
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced by M. of A. JENSEN -- read once and referred to the Committee
          on Real Property Taxation
 
        AN ACT to amend the real property tax law, in relation to establishing a
          real property tax exemption for widowed spouses of firefighters killed
          in the line of duty
 
          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 471 to read as follows:
     3    § 471. Widowed  spouses of firefighters killed in the line of duty. 1.
     4  Real property owned by a widowed spouse of a firefighter killed  in  the
     5  line  of  duty,  and  constituting the primary residence of such widowed
     6  spouse shall be deemed fully exempt from all  taxes  imposed  upon  such
     7  property  for city, village, town, part town, special district or county
     8  purposes, provided that the governing body of a city, village,  town  or
     9  county,  after a public hearing, adopts a local law, ordinance or resol-
    10  ution providing therefor.
    11    2. As used in this section,  the  term  "firefighter"  shall  mean  an
    12  enrolled  member  of  an  incorporated  volunteer  fire  company or fire
    13  department, municipal fire company or fire department,  and  any  person
    14  otherwise employed as a firefighter.
    15    3.  Notwithstanding  any  other  provision of law to the contrary, the
    16  provisions of this section shall apply to  any  real  property  held  in
    17  trust  solely for the benefit of a person or persons who would otherwise
    18  be eligible for a real property tax exemption, pursuant  to  subdivision
    19  one  of this section, were such person or persons the owner or owners of
    20  such real property.
    21    4. (a) For the purposes of this section, title to that portion of real
    22  property owned  by  a  cooperative  apartment  corporation  in  which  a
    23  tenant-stockholder  of such corporation resides and which is represented
    24  by their share or shares of stock in such corporation as  determined  by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08304-01-5

        A. 4299                             2
 
     1  its or their proportional relationship to the total outstanding stock of
     2  the  corporation,  including  that  owned  by  the corporation, shall be
     3  deemed to be vested in such tenant-stockholder.
     4    (b)  Provided  that all other eligibility criteria of this section are
     5  met, that proportion of the assessment of such real property owned by  a
     6  cooperative apartment corporation determined by the relationship of such
     7  real  property  vested  in such tenant-stockholder to such real property
     8  owned by such cooperative apartment corporation in  which  such  tenant-
     9  stockholder resides shall be subject to exemption from taxation pursuant
    10  to  this  section  and any exemption so granted shall be credited by the
    11  appropriate taxing authority against the assessed valuation of such real
    12  property; the reduction in real property taxes realized thereby shall be
    13  credited by the cooperative apartment corporation against the amount  of
    14  such  taxes otherwise payable by or chargeable to such tenant-stockhold-
    15  er.
    16    (c) Notwithstanding paragraph (b) of this subdivision, a tenant-stock-
    17  holder who resides in a dwelling that is subject to  the  provisions  of
    18  either  article two, four, five or eleven of the private housing finance
    19  law shall not be eligible for an exemption pursuant to this section.
    20    (d) Notwithstanding paragraph (b) of this subdivision,  real  property
    21  owned by a cooperative apartment corporation may be exempt from taxation
    22  pursuant  to  this section by a municipality in which such real property
    23  is located only if the governing body of such municipality, after public
    24  hearing, adopts a local law, ordinance or resolution providing therefor.
    25    5. The commissioner shall develop, in consultation with the state fire
    26  administrator, a listing of documents to be used to establish  eligibil-
    27  ity under this section. Such information shall be made available to each
    28  city,  village,  town, part town, special district and county assessor's
    29  office. The listing of acceptable records shall be made available on the
    30  internet websites of the state fire administrator and the office of real
    31  property tax services.
    32    § 2. This act shall take effect on the first of January next  succeed-
    33  ing  the  date  on  which  it shall have become a law and shall apply to
    34  taxable status dates occurring on or after such date.
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