STATE OF NEW YORK
________________________________________________________________________
8406
IN SENATE
May 4, 2018
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the real property tax law, in relation to establishing
the senior real property school tax elimination
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 431 to read as follows:
3 § 431. Senior real property school tax elimination. 1. For the
4 purposes of this section "Qualifying real property" shall be residential
5 real property owned and occupied by one or more persons, each of whom is
6 seventy years of age or over on or before the taxable status date of
7 such taxable year and meets each of the requirements for the enhanced
8 exemption for senior citizens set forth in section four hundred twenty-
9 five of this article, or residential real property owned and occupied by
10 husband and wife, one of whom is seventy years of age or over and meets
11 each of the requirements for the enhanced exemption for senior citizens
12 set forth in section four hundred twenty-five of this article, shall be
13 eligible for the real property school tax elimination set forth in this
14 section, provided the school district, after public hearing, adopts a
15 resolution providing therefor.
16 2. Any person eligible for the real property school tax elimination
17 shall apply annually for such reduced rate. Such application shall be
18 made in a manner and form determined by the state board and shall
19 require proof of the applicant's age. Such application shall be filed
20 with the department of taxation and finance on or before the taxable
21 status date for such district.
22 3. The school property tax on a qualifying real property shall be
23 reduced by a percentage when at least one of the owners of such qualify-
24 ing real property is seventy years of age or over by the following sche-
25 dule:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15621-02-8
S. 8406 2
1 If at least one of the
2 owners attains the following age on orThe reduction in the school
3 before the taxable status date:property tax shall be:
4 Age Seventy;Ten percent
5 Age Seventy-one;Twenty percent
6 Age Seventy-two;Thirty percent
7 Age Seventy-three;Forty percent
8 Age Seventy-four;Fifty percent
9 Age Seventy-five;Sixty percent
10 Age Seventy-six;Seventy percent
11 Age Seventy-seven;Eighty percent
12 Age Seventy-eight;Ninety percent
13 Age Seventy-nine and above;One hundred percent
14 4. Every school district shall notify, or cause to be notified, each
15 person owning residential real property in the school district of the
16 provisions of this section. The provisions of this subdivision may be
17 met by a notice sent to such persons in substantially the following
18 form: "Residential real property owned by persons seventy years of age
19 or older may be eligible for reduced school property tax. To receive
20 such reduction, eligible owners of qualifying property must file an
21 application with the department of taxation and finance on or before the
22 applicable taxable status date. For further information, please contact
23 your local assessor."
24 5. A school district which provides a real property tax reduction for
25 persons seventy years of age or over pursuant to this section and that
26 has met the requirements of section two thousand twenty-three-b of the
27 education law shall be eligible for reimbursement by the department of
28 education, as approved by the commissioner of education, in consultation
29 with the commissioner of taxation and finance, for one hundred percent
30 of the direct cost to such school district resulting from the implemen-
31 tation of this section. Such direct cost shall be calculated pursuant to
32 regulations of the commissioner of education, in consultation with the
33 commissioner of taxation and finance. A claim for such reimbursement
34 shall be made by such school district in a manner and form prescribed by
35 the commissioner of education.
36 § 2. This act shall take effect on the first of January 2021 and shall
37 apply to assessment rolls prepared on the basis of taxable status dates
38 occurring on or after such date.
