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S08549 Summary:

BILL NOS08549
 
SAME ASNo Same As
 
SPONSORWEIK
 
COSPNSR
 
MLTSPNSR
 
Add §459-d, RPT L
 
Establishes a real property tax exemption for police officers who have a one hundred percent service-connected disability.
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S08549 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8549
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    October 24, 2025
                                       ___________
 
        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the real property tax law, in relation to establishing a
          real property tax exemption for police officers who have a one hundred
          percent service-connected disability

          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 459-d to read as follows:
     3    § 459-d. Police officers with a service-connected disability. 1.  Real
     4  property  owned by a seriously disabled police officer, and constituting
     5  the primary residence of such  police  officer  shall  be  deemed  fully
     6  exempt  from  all  taxes  imposed  upon such property for city, village,
     7  town, part town, special district or county purposes, provided that  the
     8  governing  body of a city, village, town or county, after a public hear-
     9  ing, adopts a local law, ordinance or resolution providing therefor.
    10    2. For the purposes of this section, the following  terms  shall  have
    11  the following meanings:
    12    (a) "police officer" shall have the same meaning as defined in section
    13    1.20 of the criminal procedure law;
    14    (b)  "seriously  disabled  police officer" shall mean a police officer
    15  who, through no fault or misconduct on such officer's  part  is  totally
    16  and  permanently  disabled  (i) by injuries received in the discharge of
    17  such officer's duties, or, (ii) as a result of illness  attributable  to
    18  the performance of such duties. Such disability shall be certified to by
    19  a duly licensed physician or physicians stating that such officer is one
    20  hundred percent physically or mentally incapacitated for the performance
    21  of police duty.
    22    3.  Notwithstanding  any  other  provision of law to the contrary, the
    23  provisions of this section shall apply to  any  real  property  held  in
    24  trust  solely for the benefit of a person or persons who would otherwise
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13636-01-5

        S. 8549                             2
 
     1  be eligible for a real property tax exemption, pursuant  to  subdivision
     2  one  of this section, were such person or persons the owner or owners of
     3  such real property.
     4    4. (a) For the purposes of this section, title to that portion of real
     5  property  owned  by  a  cooperative  apartment  corporation  in  which a
     6  tenant-stockholder of such corporation resides and which is  represented
     7  by  their  share or shares of stock in such corporation as determined by
     8  its or their proportional relationship to the total outstanding stock of
     9  the corporation, including that  owned  by  the  corporation,  shall  be
    10  deemed to be vested in such tenant-stockholder.
    11    (b)  Provided  that all other eligibility criteria of this section are
    12  met, that proportion of the assessment of such real property owned by  a
    13  cooperative apartment corporation determined by the relationship of such
    14  real  property  vested  in such tenant-stockholder to such real property
    15  owned by such cooperative apartment corporation in  which  such  tenant-
    16  stockholder resides shall be subject to exemption from taxation pursuant
    17  to  this  section  and any exemption so granted shall be credited by the
    18  appropriate taxing authority against the assessed valuation of such real
    19  property; the reduction in real property taxes realized thereby shall be
    20  credited by the cooperative apartment corporation against the amount  of
    21  such  taxes otherwise payable by or chargeable to such tenant-stockhold-
    22  er.
    23    (c) Notwithstanding paragraph (b) of this subdivision, a tenant-stock-
    24  holder who resides in a dwelling that is subject to  the  provisions  of
    25  either  article two, four, five or eleven of the private housing finance
    26  law shall not be eligible for an exemption pursuant to this section.
    27    (d) Notwithstanding paragraph (b) of this subdivision,  real  property
    28  owned by a cooperative apartment corporation may be exempt from taxation
    29  pursuant  to  this section by a municipality in which such real property
    30  is located only if the governing body of such municipality, after public
    31  hearing, adopts a local law, ordinance or resolution providing therefor.
    32    5. The commissioner shall develop a listing of documents to be used to
    33  establish eligibility under this section. Such information shall be made
    34  available to each city, village, town, part town, special  district  and
    35  county  assessor's  office.  The  listing of acceptable records shall be
    36  made available on the internet website of the office  of  real  property
    37  tax services.
    38    § 2. This act shall take effect immediately and shall apply to assess-
    39  ment rolls prepared on and after January 1, 2027.
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