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A08316 Summary:

BILL NOA08316
 
SAME ASNo Same As
 
SPONSORMaher
 
COSPNSR
 
MLTSPNSR
 
Add §458-d, RPT L
 
Establishes a supplemental property tax exemption for veterans and certain un-remarried spouses of veterans upon the adoption of a local law, ordinance or resolution.
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A08316 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8316
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2025
                                       ___________
 
        Introduced  by M. of A. MAHER -- 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
          supplemental veterans' property tax exemption
 
          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 458-d to read as follows:
     3    § 458-d. Supplemental veterans' exemption. 1. (a) Real property  owned
     4  by a veteran residing in any county shall be exempt from taxation to the
     5  extent  of  up to ten percent of the assessed value of such property for
     6  city, village, town, part town, special district, school district,  fire
     7  district  or county purposes, exclusive of special assessments, provided
     8  that the governing body of a city, village, town, school district,  fire
     9  district  or  county,  after a public hearing, adopts a local law, ordi-
    10  nance or resolution providing therefor.
    11    (b) For the purposes of this section, veteran will have the same mean-
    12  ing as defined in section four hundred fifty-eight-a of this title.
    13    2. Such exemption shall not be granted to a veteran residing  in  such
    14  municipality unless:
    15    (a) the property is the primary residence of the applicant; and
    16    (b)  the  property  is  used  exclusively  for  residential  purposes;
    17  provided however, that in the event any portion of such property is  not
    18  used  exclusively  for  the  applicant's residence but is used for other
    19  purposes, such portion shall be subject to taxation  and  the  remaining
    20  portion  only  shall  be  entitled  to  the  exemption  provided by this
    21  section.
    22    3. Un-remarried spouses of veterans killed in the line  of  duty.  Any
    23  local law or ordinance adopted pursuant to this section may be separate-
    24  ly  amended,  or  a local law, ordinance or resolution may be separately
    25  adopted to continue an exemption or reinstate a  pre-existing  exemption
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11376-01-5

        A. 8316                             2
 
     1  claimed  under  such  statutes  by a veteran, to such deceased veteran's
     2  un-remarried spouse if such member  is  killed  in  the  line  of  duty;
     3  provided, however, that:
     4    (a) such un-remarried spouse is certified by the municipality offering
     5  the  exemption  as an un-remarried spouse of a veteran who was killed in
     6  the line of duty; and
     7    (b) such deceased veteran had been receiving the  exemption  prior  to
     8  such veteran's death.
     9    4.  Un-remarried  spouses of deceased veterans. Any local law or ordi-
    10  nance adopted pursuant to this section may be separately amended,  or  a
    11  local law, ordinance or resolution may be separately adopted to continue
    12  an  exemption  or  reinstate a pre-existing exemption to an un-remarried
    13  spouse of a deceased veteran; provided, however, that:
    14    (a) such un-remarried spouse is certified by the municipality offering
    15  the exemption as an un-remarried spouse of a veteran  who  is  deceased;
    16  and
    17    (b)  such  deceased veteran and un-remarried spouse had been receiving
    18  the exemption for such property prior to the death of such veteran.
    19    5. Application for such exemption shall be filed with the assessor  or
    20  other  agency,  department  or  office  designated  by the municipality,
    21  school district and/or fire  district  offering  such  exemption  on  or
    22  before  the  taxable  status date on a form as prescribed by the commis-
    23  sioner.
    24    6. No applicant who is a veteran who  by  reason  of  such  status  is
    25  receiving any benefit under the provisions of this article on the effec-
    26  tive  date  of  this section shall suffer any diminution of such benefit
    27  because of the provisions of this section.
    28    7. A veteran who receives an  exemption  under  section  four  hundred
    29  fifty-eight,  four  hundred fifty-eight-a, or four hundred fifty-eight-b
    30  of this title shall not be eligible to receive the exemption under  this
    31  section.
    32    § 2. This act shall take effect immediately.
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