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S00852 Summary:

BILL NOS00852
 
SAME ASSAME AS A07479
 
SPONSORHELMING
 
COSPNSRBORRELLO, CANZONERI-FITZPATRICK, GALLIVAN, JACKSON, MURRAY, RHOADS, ROLISON, WEBER, WEIK
 
MLTSPNSR
 
Add §421-r, RPT L
 
Enacts the "homebuyer renovation property tax exemption act" to grant an exemption of up to fifteen thousand dollars from taxation levied by or on behalf of any county, city, town, village or school district in which such residential property is located for a period of five years from the date of purchase of the property; defines "primary residential property".
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S00852 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           852
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by Sens. HELMING, BORRELLO, GALLIVAN, JACKSON, RHOADS, ROLI-
          SON, WEBER, WEIK -- read twice and ordered printed, and  when  printed
          to be committed to the Committee on Housing, Construction and Communi-
          ty Development

        AN  ACT  to amend the real property tax law, in relation to enacting the
          "homebuyer renovation property tax exemption act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "homebuyer renovation property tax exemption act".
     3    § 2. Legislative findings. The legislature  finds  that  much  of  New
     4  York's current housing stock is old and in need of repair, yet often the
     5  repairs  are  beyond  the  financial capability of many homeowners. This
     6  bill would give homeowners who  invest  in  their  property  needed  tax
     7  relief  for  a  period of five years to allow them to recoup the invest-
     8  ments made in their property and incentivize the revitalization  of  our
     9  existing  housing stock. This incentive will bring abandoned and dilapi-
    10  dated homes back to life and  help  expand  the  housing  stock  of  the
    11  future.
    12    §  3.  The  real  property  tax law is amended by adding a new section
    13  421-r to read as follows:
    14    § 421-r. Exemption for renovated homes. 1. Primary residential proper-
    15  ty purchased after the effective date of this section  by  one  or  more
    16  persons,  who  either  as  part  of the written contract for sale of the
    17  primary residential property, or who  enters  into  a  written  contract
    18  within  one hundred eighty days after closing of the sale of the primary
    19  residence for reconstruction, alteration or improvements, the  value  of
    20  which exceeds fifteen thousand dollars, to the primary residential prop-
    21  erty,  shall be exempt from taxation levied by or on behalf of any coun-
    22  ty, city, town, village or school district  in  which  such  residential
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01071-01-5

        S. 852                              2
 
     1  property is located for a period of five years from the date of purchase
     2  of  the  property.  Such exemption shall apply solely to the increase in
     3  assessed value thereof attributable to such reconstruction,  alteration,
     4  or  improvement.  For  the  purposes of this section, the purchase of an
     5  appliance, including, but not limited to, a  refrigerator,  oven,  dish-
     6  washer, washer, or dryer, shall not constitute an improvement.
     7    2.  (a)  No  portion  of  a single family primary residential property
     8  shall be leased during the period of  time  when  such  exemption  shall
     9  apply  to  the  residence.  If  any portion of the single family primary
    10  residential property is found to be the subject of  a  lease  agreement,
    11  the  assessor  shall  discontinue any exemption granted pursuant to this
    12  section.
    13    (b) In the event  that  a  primary  residential  property  granted  an
    14  exemption pursuant to this section ceases to be used primarily for resi-
    15  dential purposes or title thereto is transferred to other than the heirs
    16  or  distributees  of  the  owner, the exemption granted pursuant to this
    17  section shall be discontinued.
    18    (c) Upon determining  that  an  exemption  granted  pursuant  to  this
    19  section  should  be  discontinued,  the  assessor shall mail a notice so
    20  stating to the owner or owners thereof at the time  and  in  the  manner
    21  provided  by  section  five  hundred  ten of this chapter. Such owner or
    22  owners shall be entitled to seek administrative and judicial  review  of
    23  such  action  in  the  manner  provided by law, provided that the burden
    24  shall be on such owner  or  owners  to  establish  eligibility  for  the
    25  exemption.
    26    3.  Such exemption shall be granted only upon application by the owner
    27  of such residential property on a form prescribed by  the  commissioner.
    28  The  application  shall  be  filed  with the assessor of the city, town,
    29  village or county having the power to assess property for taxation on or
    30  before the appropriate taxable status date of such city,  town,  village
    31  and county.
    32    4.  If satisfied that the applicant is entitled to an exemption pursu-
    33  ant to this section, the assessor shall approve the application and such
    34  primary residential property shall thereafter be exempt from taxation as
    35  provided in this section commencing with the assessment roll prepared on
    36  the basis of the taxable status date referred to in subdivision  one  of
    37  this  section.  The  assessed value of any exemption granted pursuant to
    38  this section shall be entered by the assessor  on  the  assessment  roll
    39  with  the  taxable property, with the amount of the exemption shown in a
    40  separate column.
    41    5. For purposes of this section, "primary residential property"  means
    42  any  one  or  two family house, townhouse or condominium located in this
    43  state which is owner occupied by such homebuyer.
    44    § 4. The commissioner of taxation and  finance  shall  promulgate  any
    45  rules and regulations necessary to implement the provisions of this act.
    46    § 5. This act shall take effect January 1, 2026.
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