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S07084 Summary:

BILL NOS07084
 
SAME ASSAME AS A04110
 
SPONSORLANZA
 
COSPNSR
 
MLTSPNSR
 
Amd §§458 & 458-a, RPT L
 
Provides for the application of veterans' real property tax exemptions in cities having a population of one million or more.
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S07084 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7084
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 1, 2025
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs
 
        AN ACT to amend the real property tax law, in relation to real  property
          tax  exemptions  for  property  in  cities  having a population of one
          million or more and owned by certain veterans or their family members
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  2  of subdivision 1 of section 458 of the real
     2  property tax law, as amended by chapter 425 of  the  laws  of  2014,  is
     3  amended to read as follows:
     4    (2)  Except  as  provided in subdivision five of this section, no such
     5  exemption on account of eligible funds paid on account  of  military  or
     6  naval  services  rendered by an individual shall be allowed in excess of
     7  seven thousand five hundred dollars; provided, however, in a city with a
     8  population of one million or more, an exemption on account  of  eligible
     9  funds paid on account of military or naval services rendered by an indi-
    10  vidual shall equal forty percent of eligible funds, but in no case shall
    11  such  exemption  be  allowed  in excess of two thousand dollars. For the
    12  purposes of this subdivision any established exemption, or newly claimed
    13  exemption, or an aggregate thereof, as the case may be, in excess of any
    14  multiple of fifty dollars shall be regarded as being the nearest  multi-
    15  ple  of  fifty dollars and allowed in such amount. If the amount of such
    16  exemption has no nearest multiple of fifty dollars, it shall be regarded
    17  as being the next higher multiple of fifty dollars and allowed  in  such
    18  amount.  The  mingling  of such eligible funds with other funds or their
    19  retention by the United States for insurance premiums shall not bar  the
    20  granting of a claim for such exemption.
    21    §  2.  Subdivision  2  of section 458 of the real property tax law, as
    22  amended by section 82 of part PP of chapter 56 of the laws of  2022,  is
    23  amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03655-01-5

        S. 7084                             2
 
     1    2.   Real   property   purchased  with  moneys  collected  by  popular
     2  subscription in partial recognition of extraordinary  services  rendered
     3  by  any  veteran  of world war one, world war two, or of the hostilities
     4  which commenced June twenty-seventh, nineteen hundred fifty, who (a) was
     5  honorably  discharged  from such service, or (b) has a qualifying condi-
     6  tion, as defined in section one of the veterans' services law,  and  has
     7  received  a  discharge  other than bad conduct or dishonorable from such
     8  service, or (c) is a discharged LGBT veteran, as defined in section  one
     9  of  the  veterans' services law, and has received a discharge other than
    10  bad conduct or dishonorable from such service, and who sustained  perma-
    11  nent  disability  while  on  military duty, either total or partial, and
    12  owned by the person who sustained such injuries,  or  by  [his  or  her]
    13  their  spouse  or  unremarried  surviving spouse, or dependent father or
    14  mother, is subject to taxation as herein provided. Such  property  shall
    15  be  assessed  in  the  same  manner  as  other  real property in the tax
    16  district. At the meeting of the assessors to hear complaints  concerning
    17  the  assessments,  a verified application for the exemption of such real
    18  property from taxation may be presented to them by or on behalf  of  the
    19  owner  thereof,  which  application  must  show  the  facts on which the
    20  exemption is claimed, including the amount of moneys so raised and  used
    21  in  or  toward the purchase of such property. No exemption on account of
    22  any such gift shall be allowed  in  excess  of  five  thousand  dollars;
    23  provided, however, in any city with a population of one million or more,
    24  no  exemption  on  account of any gift shall be allowed in excess of two
    25  thousand dollars. The application for exemption shall be  presented  and
    26  action  thereon  taken in the manner provided by subdivision one of this
    27  section. If no application for exemption be granted, the property  shall
    28  be subject to taxation for all purposes. The provisions herein, relating
    29  to the assessment and exemption of property purchased with moneys raised
    30  by  popular  subscription, apply and shall be enforced in each municipal
    31  corporation authorized to levy taxes.
    32    § 3. Paragraph (a) of subdivision 1 of section 458-a of the real prop-
    33  erty tax law, as amended by chapter 606 of the laws of 2021, is  amended
    34  to read as follows:
    35    (a) "Period of war" means the Spanish-American war; the Mexican border
    36  period;  World War I; World War II; the hostilities, known as the Korean
    37  war, which commenced June twenty-seventh,  nineteen  hundred  fifty  and
    38  terminated  on  January  thirty-first,  nineteen hundred fifty-five; the
    39  hostilities, known as the Vietnam war, which commenced  November  first,
    40  nineteen  hundred  fifty-five  and  terminated  on May seventh, nineteen
    41  hundred seventy-five; [and] the hostilities, known as the  Persian  Gulf
    42  conflict, which commenced August second, nineteen hundred ninety; in any
    43  city with a population of one million or more, the hostilities, known as
    44  the Iraq war, which commenced March, two thousand three; and in any city
    45  with  a population of one million or more, the hostilities, known as the
    46  Afghanistan war, which commenced October seventh, two thousand one.
    47    § 4. Subdivision 2 of section 458-a of the real property tax  law,  as
    48  added  by  chapter  525 of the laws of 1984, paragraph (a) as amended by
    49  chapter 899 of the laws of 1985, paragraph (b) as amended by chapter 473
    50  of the laws of 2004, paragraph (c) as amended by chapter 100 of the laws
    51  of 1988, subparagraph (i) of paragraph (d) as amended by chapter 332  of
    52  the  laws  of  2016 and subparagraph (ii) of paragraph (d) as amended by
    53  chapter 381 of the laws of 2015, is amended to read as follows:
    54    2. (a) Qualifying residential real property shall be exempt from taxa-
    55  tion to the extent of fifteen percent of  the  assessed  value  of  such
    56  property; provided, however, that such exemption shall not exceed twelve

        S. 7084                             3
 
     1  thousand dollars or the product of twelve thousand dollars multiplied by
     2  the  latest  state  equalization  rate for the assessing unit, or in the
     3  case of a special assessing unit, the latest class ratio,  whichever  is
     4  less; provided, however, in any city with a population of one million or
     5  more, qualifying residential real property shall be exempt from taxation
     6  to  the  extent  of  six percent of the assessed value of such property;
     7  provided, further, that such exemption shall not  exceed  four  thousand
     8  eight  hundred  dollars  or  the  product of four thousand eight hundred
     9  dollars multiplied by the latest class ratio, whichever is less.
    10    (b) In addition to the exemption provided by  paragraph  (a)  of  this
    11  subdivision, where the veteran served in a combat theatre or combat zone
    12  of  operations,  as  documented by the award of a United States campaign
    13  ribbon or service medal, or the armed forces expeditionary  medal,  navy
    14  expeditionary  medal, marine corps expeditionary medal, or global war on
    15  terrorism expeditionary medal, qualifying residential real property also
    16  shall be exempt from taxation to  the  extent  of  ten  percent  of  the
    17  assessed  value of such property; provided, however, that such exemption
    18  shall not exceed eight thousand dollars or the product of eight thousand
    19  dollars multiplied by the latest state equalization rate for the assess-
    20  ing unit, or in the case of a special assessing unit, the  class  ratio,
    21  whichever is less; provided further, that, in any city with a population
    22  of  one million or more, where the veteran served in a combat theatre or
    23  combat zone of operations, as documented by the award of a United States
    24  campaign ribbon or service medal,  or  the  armed  forces  expeditionary
    25  medal,  navy  expeditionary  medal, marine corps expeditionary medal, or
    26  global war on terrorism expeditionary medal, qualifying residential real
    27  property also shall be exempt  from  taxation  to  the  extent  of  four
    28  percent  of  the assessed value of such property; provided further, that
    29  such exemption shall not exceed three thousand two  hundred  dollars  or
    30  the  product  of  three  thousand  two hundred dollars multiplied by the
    31  class ratio, whichever is less.
    32    (c) In addition to the exemptions provided by paragraphs (a)  and  (b)
    33  of  this  subdivision,  where the veteran received a compensation rating
    34  from the United States  veteran's  administration  or  from  the  United
    35  States  department of defense because of a service connected disability,
    36  qualifying residential real property shall be exempt  from  taxation  to
    37  the  extent of the product of the assessed value of such property multi-
    38  plied by fifty percent of the  veteran's  disability  rating;  provided,
    39  however,  that such exemption shall not exceed forty thousand dollars or
    40  the product of forty thousand dollars multiplied  by  the  latest  state
    41  equalization  rate  for  the assessing unit, or in the case of a special
    42  assessing unit, the latest class ratio, whichever is less. For  purposes
    43  of  this  paragraph,  where  a person who served in the active military,
    44  naval or air service during a period of war died in service of a service
    45  connected disability, such person shall be deemed to have been  assigned
    46  a  compensation rating of one hundred percent; provided, however, in any
    47  city with a population of one  million  or  more,  in  addition  to  the
    48  exemptions provided by paragraphs (a) and (b) of this subdivision, where
    49  the veteran received a compensation rating from the United States veter-
    50  an's  administration  or  from  the  United States department of defense
    51  because of a service connected disability, qualifying  residential  real
    52  property  shall  be exempt from taxation to the extent of the product of
    53  the assessed value of such property multiplied by twenty percent of  the
    54  veteran's disability rating; provided further, that such exemption shall
    55  not  exceed  sixteen thousand dollars or the product of sixteen thousand
    56  dollars multiplied by the latest class ratio, whichever is less.

        S. 7084                             4
 
     1    (d) Limitations.  (i) The exemption from  taxation  provided  by  this
     2  subdivision  shall  be  applicable  to  county,  city, town, village and
     3  school district taxation if the governing body of the school district in
     4  which the property is located, or in the case of a  city  with  a  popu-
     5  lation  of one million or more, the local legislative body, after public
     6  hearings, adopts a resolution, or in the case of a  city  with  a  popu-
     7  lation  of  one  million or more, a local law, providing such exemption,
     8  the procedure for such hearing and resolution  or  local  law  shall  be
     9  conducted separately from the procedure for any hearing and local law or
    10  resolution  conducted  pursuant  to subparagraph (ii) of this paragraph,
    11  paragraph (b) of subdivision four, paragraph (d) of subdivision six  and
    12  paragraph  (b)  of subdivision seven of this section; provided, however,
    13  that in any city with a population of one million or more, the exemption
    14  from taxation provided by this subdivision shall be applicable  to  city
    15  taxes and taxes levied for local school purposes.
    16    (ii)  Each  county, city, town, village or school district may adopt a
    17  local law to reduce the maximum exemption allowable in  paragraphs  (a),
    18  (b)  and  (c) of this subdivision to nine thousand dollars, six thousand
    19  dollars and thirty  thousand  dollars,  respectively,  or  six  thousand
    20  dollars,  four thousand dollars and twenty thousand dollars, respective-
    21  ly. Each county, city, town, village or school district is also  author-
    22  ized to adopt a local law to increase the maximum exemption allowable in
    23  paragraphs  (a),  (b)  and  (c)  of this subdivision to fifteen thousand
    24  dollars, ten thousand dollars and fifty thousand dollars,  respectively;
    25  eighteen  thousand  dollars,  twelve thousand dollars and sixty thousand
    26  dollars, respectively; twenty-one thousand  dollars,  fourteen  thousand
    27  dollars,  and  seventy thousand dollars, respectively; twenty-four thou-
    28  sand dollars, sixteen thousand dollars,  and  eighty  thousand  dollars,
    29  respectively;  twenty-seven thousand dollars, eighteen thousand dollars,
    30  and ninety thousand  dollars,  respectively;  thirty  thousand  dollars,
    31  twenty thousand dollars, and one hundred thousand dollars, respectively;
    32  thirty-three  thousand  dollars,  twenty-two  thousand  dollars, and one
    33  hundred ten thousand dollars, respectively; thirty-six thousand dollars,
    34  twenty-four thousand dollars, and one hundred twenty  thousand  dollars,
    35  respectively; thirty-nine thousand dollars, twenty-six thousand dollars,
    36  and  one  hundred thirty thousand dollars, respectively; forty-two thou-
    37  sand dollars, twenty-eight thousand dollars, and one hundred forty thou-
    38  sand dollars, respectively;  and  forty-five  thousand  dollars,  thirty
    39  thousand  dollars  and one hundred fifty thousand dollars, respectively.
    40  In addition, a county, city, town, village or school district which is a
    41  "high-appreciation municipality" as  defined  in  this  subparagraph  is
    42  authorized to adopt a local law to increase the maximum exemption allow-
    43  able  in  paragraphs (a), (b) and (c) of this subdivision to thirty-nine
    44  thousand dollars, twenty-six thousand dollars, and  one  hundred  thirty
    45  thousand dollars, respectively; forty-two thousand dollars, twenty-eight
    46  thousand  dollars, and one hundred forty thousand dollars, respectively;
    47  forty-five thousand dollars, thirty thousand  dollars  and  one  hundred
    48  fifty  thousand  dollars,  respectively;  forty-eight  thousand dollars,
    49  thirty-two thousand dollars and  one  hundred  sixty  thousand  dollars,
    50  respectively;  fifty-one  thousand dollars, thirty-four thousand dollars
    51  and one hundred seventy thousand dollars, respectively; fifty-four thou-
    52  sand dollars, thirty-six thousand dollars and one hundred  eighty  thou-
    53  sand  dollars,  respectively; fifty-seven thousand dollars, thirty-eight
    54  thousand dollars and one hundred ninety thousand dollars,  respectively;
    55  sixty  thousand dollars, forty thousand dollars and two hundred thousand
    56  dollars, respectively; sixty-three thousand dollars, forty-two  thousand

        S. 7084                             5
 
     1  dollars  and  two  hundred ten thousand dollars, respectively; sixty-six
     2  thousand dollars, forty-four thousand dollars  and  two  hundred  twenty
     3  thousand  dollars,  respectively; sixty-nine thousand dollars, forty-six
     4  thousand  dollars and two hundred thirty thousand dollars, respectively;
     5  seventy-two thousand  dollars,  forty-eight  thousand  dollars  and  two
     6  hundred  forty  thousand  dollars,  respectively;  seventy-five thousand
     7  dollars, fifty thousand dollars and two hundred fifty thousand  dollars,
     8  respectively;  provided,  however, a high-appreciation municipality that
     9  is a special assessing unit that is a city  with  a  population  of  one
    10  million  or  more,  is  authorized  to adopt a local law to increase the
    11  maximum exemption allowable in paragraphs  (a),  (b)  and  (c)  of  this
    12  subdivision  to  fifteen thousand six hundred dollars, ten thousand four
    13  hundred dollars, and fifty-two thousand dollars,  respectively;  sixteen
    14  thousand eight hundred dollars, eleven thousand two hundred dollars, and
    15  fifty-six  thousand  dollars,  respectively;  eighteen thousand dollars,
    16  twelve thousand dollars, and sixty thousand dollars, respectively; nine-
    17  teen  thousand  two  hundred  dollars,  twelve  thousand  eight  hundred
    18  dollars,  and sixty-four thousand dollars, respectively; twenty thousand
    19  four hundred dollars, thirteen thousand six hundred dollars, and  sixty-
    20  eight  thousand  dollars,  respectively; twenty-one thousand six hundred
    21  dollars, fourteen thousand four hundred dollars, and  seventy-two  thou-
    22  sand dollars, respectively.  For purposes of this subparagraph, a "high-
    23  appreciation municipality" means: (A) a special assessing unit that is a
    24  city,  (B)  a  county for which the commissioner has established a sales
    25  price differential factor for purposes of the STAR exemption  authorized
    26  by  section  four hundred twenty-five of this title in three consecutive
    27  years, and (C) a city, town, village or school district which is  wholly
    28  or partly located within such a county.
    29    § 5. An exemption granted pursuant to section 458 or 458-a of the real
    30  property  tax  law that precedes the effective date of this act shall be
    31  calculated on subsequent assessment rolls as if the  original  exemption
    32  had  been granted pursuant to the provisions of such section, as amended
    33  by this act.
    34    § 6. This act shall take effect immediately and  apply  to  assessment
    35  rolls based upon the taxable status date occurring on or after the fifth
    36  day  of January next succeeding the date on which it shall have become a
    37  law.
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