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A09240 Summary:

BILL NOA09240
 
SAME ASNo Same As
 
SPONSORBerger
 
COSPNSR
 
MLTSPNSR
 
Amd §425, RPT L; amd §606, Tax L
 
Provides that notification of the approval of a STAR exemption be mailed to the applicant within thirty days of such determination.
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A09240 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9240
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 7, 2025
                                       ___________
 
        Introduced by M. of A. BERGER -- read once and referred to the Committee
          on Real Property Taxation
 
        AN  ACT  to amend the real property tax law and the tax law, in relation
          to notification of the school tax relief exemption
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph (b) of subdivision 6 of section 425 of the real
     2  property tax law, as amended by chapter 531 of the laws of 2006  and  as
     3  further  amended by subdivision (b) of section 1 of part W of chapter 56
     4  of the laws of 2010, is amended to read as follows:
     5    (b) Approval or denial of application. If the  assessor  is  satisfied
     6  that  the  applicant or applicants are entitled to an exemption pursuant
     7  to this section, [he or she] such assessor shall approve the application
     8  and such real property shall thereafter be exempt from  school  district
     9  taxation  as  provided herein.  In such case, the assessor shall, within
    10  thirty days of the determination, mail to  the  applicant  a  notice  of
    11  approval for that year; provided, however, that if such determination is
    12  made within thirty days prior to the application of the exemption to the
    13  assessment  roll or the issuance of the tax bill, the obligation to mail
    14  such notice within thirty days shall not be applicable. If the  assessor
    15  determines  that  the  applicant  or  applicants  are not entitled to an
    16  exemption pursuant to this section, [he or she] such assessor shall, not
    17  later than ten days prior to the date for hearing complaints in relation
    18  to assessments, mail to each applicant not entitled to the  exemption  a
    19  notice  of  denial of that application for the exemption herein for that
    20  year; except that in the city of New York, such notice shall  be  mailed
    21  not later than thirty days prior to the final date for filing an assess-
    22  ment  appeal  as  set  forth in paragraph (b-1) of this subdivision. The
    23  notice of denial shall specify each reason for such denial and shall  be
    24  sent  on a form prescribed by the commissioner. Failure to mail any such
    25  notice of denial or the failure of any person  to  receive  such  notice
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13821-01-5

        A. 9240                             2
 
     1  shall  not  prevent the levy, collection and enforcement of the taxes on
     2  property owned by such person.
     3    §  2.  Subparagraph (B) of paragraph 10 of subsection (eee) of section
     4  606 of the tax law, as amended by section 2 of part TT of chapter 59  of
     5  the laws of 2017, is amended to read as follows:
     6    (B)  On  or  before the date specified below, or as soon thereafter as
     7  practicable, the commissioner shall determine the eligibility of taxpay-
     8  ers for this credit utilizing the information available to [him or  her]
     9  them as obtained from the applications submitted on or before July first
    10  of  that  year,  or  such  later date as may have been prescribed by the
    11  commissioner for that purpose,  and  from  such  other  sources  as  the
    12  commissioner  deems  reliable  and appropriate. For those taxpayers whom
    13  the commissioner has determined eligible for this  credit,  the  commis-
    14  sioner  shall,  within  thirty  days of such determination, mail to such
    15  taxpayers a  notice  of  eligibility  for  the  credit  for  that  year;
    16  provided, however, that if such determination is made within thirty days
    17  prior  to  the  disbursement  of the credit, the obligation to mail such
    18  notice within thirty days shall  not  be  applicable.  The  commissioner
    19  shall advance a payment in the amount specified in paragraph three, four
    20  or  six  of this subsection, whichever is applicable. Such payment shall
    21  be issued by the date specified below, or as soon thereafter as is prac-
    22  ticable; provided that if such payment is issued  after  such  date,  it
    23  shall  be subject to interest at the rate prescribed by subparagraph (A)
    24  of paragraph two of subsection (j) of section six  hundred  ninety-seven
    25  of  this  article. Nothing contained [herein] in this subparagraph shall
    26  be deemed to preclude the commissioner from issuing payments after  such
    27  date  to  qualified  taxpayers  whose  applications were made after July
    28  first of that year, or such later date as may have  been  prescribed  by
    29  the commissioner for such purpose.
    30    § 3. This act shall take effect immediately.
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