Increases the enhanced STAR property tax deduction for tax for final assessment rolls to be completed after two thousand twenty-four; provides a total exemption from school taxes for certain persons eighty years of age and older.
STATE OF NEW YORK
________________________________________________________________________
5300
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to increasing the
enhanced STAR property tax deduction and to providing a total
exemption for school taxes for certain persons eighty years of age and
older
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Two STAR
2 Act".
3 § 2. Clause (C) of subparagraph (i) of paragraph (b) of subdivision 4
4 of section 425 of the real property tax law, as amended by section 3 of
5 part E of chapter 83 of the laws of 2002, is amended to read as follows:
6 (C) For final assessment rolls to be completed [in each ensuing year]
7 between two thousand four and two thousand twenty-four, the applicable
8 income tax year, cost-of-living-adjustment percentage and applicable
9 increase percentage shall all be advanced by one year, and the income
10 standard shall be the previously-applicable income standard increased by
11 the new cost-of-living-adjustment percentage. If there should be a year
12 for which there is no applicable increase percentage due to a general
13 benefit increase as defined by subdivision three of subsection (i) of
14 section four hundred fifteen of title forty-two of the United States
15 code, the applicable increase percentage for purposes of this computa-
16 tion shall be deemed to be the percentage which would have yielded that
17 general benefit increase.
18 § 3. Clause (C-1) of subparagraph (i) of paragraph (b) of subdivision
19 4 of section 425 of the real property tax law is relettered clause (C-2)
20 and a new clause (C-1) is added to read as follows:
21 (C-1) For final assessment rolls to be completed after two thousand
22 twenty-four, the applicable income tax year, cost-of-living-adjustment
23 percentage and applicable increase percentage shall all be advanced by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05650-01-3
A. 5300 2
1 one year, and the income standard shall be twice the previously-applica-
2 ble income standard increased by the new cost-of-living-adjustment
3 percentage. If there should be a year for which there is no applicable
4 increase percentage due to a general benefit increase as defined by
5 subdivision three of subsection (i) of section four hundred fifteen of
6 title forty-two of the United States code, the applicable increase
7 percentage for purposes of this computation shall be deemed to be the
8 percentage which would have yielded that general benefit increase.
9 § 4. Section 425 of the real property tax law is amended by adding a
10 new subdivision 4-b to read as follows:
11 4-b. Senior citizens total exemption. For final assessment rolls to be
12 completed after two thousand twenty-four, a total exemption for property
13 owned by senior citizens shall be provided where the property owner
14 satisfies the requirements of clause (C-1) of subparagraph (i) of para-
15 graph (b) of subdivision four of this section and all of the owners are
16 at least eighty years of age or older as of the date of the applicable
17 final assessment roll, or in the case of property owned by husband and
18 wife or by siblings, one of the owners must be at least eighty years of
19 age as of that date and the property must serve as the primary residence
20 of that owner.
21 (a) As used in this subdivision, the term "siblings" shall have the
22 same meaning as set forth in section four hundred sixty-five of this
23 article.
24 (b) An application for a total exemption pursuant to this subdivision
25 shall be filed within the same time frames and in the same manner as an
26 application for the enhanced STAR exemption pursuant to subdivision four
27 of this section.
28 (c) Exemption from taxation for school purposes shall not be granted
29 in the case of real property where a child resides if such child attends
30 a public school of elementary or secondary education, unless the govern-
31 ing board of the school district in which the property is located, after
32 public hearing, adopts a resolution providing for such exemption;
33 provided that any such resolution shall condition such exemption upon
34 satisfactory proof that the child was not brought into the residence in
35 whole or in substantial part for the purpose of attending a particular
36 school within the district. The procedure for such hearing and resol-
37 ution must be conducted separately from the procedure for any hearing
38 and local law, ordinance or resolution conducted pursuant to paragraph
39 (a) of subdivision one of section four hundred sixty-five of this title.
40 § 5. Paragraph (a) of subdivision 2 of section 425 of the real proper-
41 ty tax law, as amended by section 1 of part E of chapter 83 of the laws
42 of 2002, is amended to read as follows:
43 (a) Overview. There shall be [two] three variations of the exemption
44 authorized by this section: (i) an exemption for property owned by
45 persons who satisfy the criteria set forth in subdivision three of this
46 section, which shall be known as the "basic" STAR exemption[, and]; (ii)
47 an exemption for property owned by senior citizens who satisfy the
48 criteria set forth in both subdivisions three and four of this section,
49 which shall be known as the "enhanced" STAR exemption; and (iii) an
50 exemption for property owned by senior citizens who satisfy the criteria
51 set forth in subdivision four-b of this section. The exempt amount for
52 each assessing unit shall be determined annually as set forth in this
53 subdivision, by multiplying the "base figure" by the locally-applicable
54 "sales price differential factor," if any, multiplying the product by
55 the appropriate "equalization factor" for the assessing unit, and, if
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1 necessary, increasing the result to equal the applicable "floor." The
2 result is then rounded to the nearest multiple of ten dollars.
3 § 6. This act shall take effect immediately and shall apply to assess-
4 ment rolls completed on and after January 1, 2024.
