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A10885 Summary:

BILL NOA10885B
 
SAME ASNo Same As
 
SPONSORStern
 
COSPNSRCashman
 
MLTSPNSR
 
Add §471-a, RPT L
 
Provides benefits to the surviving spouses of firefighters killed in the line of duty.
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A10885 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10885--B
 
                   IN ASSEMBLY
 
                                      April 8, 2026
                                       ___________
 
        Introduced  by  M. of A. STERN, CASHMAN -- read once and referred to the
          Committee on Real Property  Taxation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- 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  benefits  for
          the surviving 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-a to read as follows:
     3    § 471-a. Surviving spouses of firefighters killed in the line of duty.
     4  1.  After the local legislative body of a county, city, town, or village
     5  passes a local law, or a school district passes a  resolution,  notwith-
     6  standing  any other provision of law, real property owned by a surviving
     7  spouse of a firefighter killed in the line of duty, and constituting the
     8  primary residence of such surviving spouse shall be exempt from taxation
     9  to the extent of fifty per centum of  the  assessed  valuation  thereof.
    10  Within  such  local  law  or  resolution,  the local legislative body or
    11  school district may reduce the percentage of exemption authorized pursu-
    12  ant to this section.
    13    2. As used in this section, the term "firefighter" shall mean any paid
    14  officer or member of an organized fire company or fire department of the
    15  state, a city, or town, village or fire district, or any paid firefight-
    16  er of a county airport or county aviation department which performs fire
    17  response or fire rescue duties and include all uniformed fire ranks  who
    18  are members of the "New York city fire department pension fund", and all
    19  uniformed  fire  ranks  who are members of the "New York state and local
    20  retirement system".
    21    3. Notwithstanding any other provision of law  to  the  contrary,  the
    22  provisions  of  this  section  shall  apply to any real property held in
    23  trust solely for the benefit of a person or persons who would  otherwise
    24  be  eligible  for a real property tax exemption, pursuant to subdivision
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15194-06-6

        A. 10885--B                         2
 
     1  one of this section, were such person or persons the owner or owners  of
     2  such real property.
     3    4. (a) For the purposes of this section, title to that portion of real
     4  property  owned  by  a  cooperative  apartment  corporation  in  which a
     5  tenant-stockholder of such corporation resides and which is  represented
     6  by  their  share or shares of stock in such corporation as determined by
     7  its or their proportional relationship to the total outstanding stock of
     8  the corporation, including that  owned  by  the  corporation,  shall  be
     9  deemed to be vested in such tenant-stockholder.
    10    (b)  Provided  that all other eligibility criteria of this section are
    11  met, that proportion of the assessment of such real property owned by  a
    12  cooperative apartment corporation determined by the relationship of such
    13  real  property  vested  in such tenant-stockholder to such real property
    14  owned by such cooperative apartment corporation in  which  such  tenant-
    15  stockholder resides shall be subject to exemption from taxation pursuant
    16  to  this  section  and any exemption so granted shall be credited by the
    17  appropriate taxing authority against the assessed valuation of such real
    18  property; the reduction in real property taxes realized thereby shall be
    19  credited by the cooperative apartment corporation against the amount  of
    20  such  taxes otherwise payable by or chargeable to such tenant-stockhold-
    21  er.
    22    (c) Notwithstanding paragraph (b) of this subdivision, a tenant-stock-
    23  holder who resides in a dwelling that is subject to  the  provisions  of
    24  either  article two, four, five or eleven of the private housing finance
    25  law shall not be eligible for an exemption pursuant to this section.
    26    (d) Notwithstanding paragraph (b) of this subdivision,  real  property
    27  owned by a cooperative apartment corporation may be exempt from taxation
    28  pursuant  to  this section by a municipality in which such real property
    29  is located only if the governing body of such municipality, after public
    30  hearing, adopts a local law, ordinance or resolution providing therefor.
    31    5. The commissioner shall develop, in consultation with the state fire
    32  administrator of the New  York  state  office  of  fire  prevention  and
    33  control,  a  listing  of  documents  to be used to establish eligibility
    34  under this section.  Such information shall be made  available  to  each
    35  city,  village, town, special district and county assessor's office. The
    36  listing of acceptable records shall be made available  on  the  internet
    37  websites of the New York state office of fire prevention and control and
    38  the office of real property tax services.
    39    §  2. This act shall take effect on the first of January next succeed-
    40  ing the date on which it shall have become a  law  and  shall  apply  to
    41  taxable status dates occurring on or after such date.
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