Establishes a capped real property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced school tax relief exemption.
STATE OF NEW YORK
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9547
IN SENATE
September 2, 2022
___________
Introduced by Sen. BROOKS -- 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
capped real property school tax rate for persons seventy years of age
or older who meet the eligibility requirements for the enhanced STAR
exemption
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. Persons seventy years of age or over; capped real property
4 school tax rate. 1. (a) Residential real property owned and occupied by
5 one or more persons, each of whom is seventy years of age or over and
6 meets each of the requirements for the enhanced exemption for senior
7 citizens set forth in section four hundred twenty-five of this title, or
8 residential real property owned and occupied by husband and wife, one of
9 whom is seventy years of age or over and meets each of the requirements
10 for the enhanced exemption for senior citizens set forth in section four
11 hundred twenty-five of this title, shall be eligible for the capped real
12 property school tax rate set forth in this section, provided the school
13 district, after public hearing, adopts a resolution providing therefor.
14 (b) For purposes of this section, the term "capped real property
15 school tax rate" shall mean the lower of:
16 (i) the real property school tax rate established on the taxable
17 status date next succeeding the date on which an eligible person attains
18 the age of seventy years; or
19 (ii) the real property school tax rate established on any taxable
20 status date subsequent to the date on which an eligible person attains
21 the age of seventy years, which is lower than the real property school
22 tax rate established pursuant to subparagraph (i) of this paragraph.
23 (c) The capped real property school tax rate shall be determined annu-
24 ally for each eligible person seventy years of age or older in accord-
25 ance with the provisions of paragraphs (a) and (b) of this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10995-01-1
S. 9547 2
1 2. Any person eligible for the capped real property school tax rate
2 shall apply annually for such capped rate. Such application shall be
3 made in a manner and form determined by the state board and shall
4 require proof of the applicant's age. Such application shall be filed
5 with the local assessor on or before the taxable status date for such
6 district.
7 3. Every school district shall notify, or cause to be notified, each
8 person owning residential real property in the school district of the
9 provisions of this section. The provisions of this subdivision may be
10 met by a notice sent to such persons in substantially the following
11 form: "Residential real property owned by persons seventy years of age
12 or older may be eligible for a capped real property school tax rate. To
13 receive such capped rate, eligible owners of qualifying property must
14 file an application with their local assessor on or before the applica-
15 ble taxable status date. For further information, please contact your
16 local assessor."
17 4. A school district which provides a capped real property school tax
18 rate for persons seventy years of age or over pursuant to this section
19 shall be eligible for reimbursement by the department of education, as
20 approved by the commissioner of education, in consultation with the
21 commissioner of taxation and finance, for one hundred percent of the
22 direct cost to such school district resulting from the implementation of
23 this section. Such direct cost shall be calculated pursuant to regu-
24 lations of the commissioner of education, in consultation with the
25 commissioner of taxation and finance. A claim for such reimbursement
26 shall be made by such school district in a manner and form prescribed by
27 the commissioner of education.
28 § 2. This act shall take effect on the first of January next succeed-
29 ing the date on which it shall have become a law and shall apply to
30 assessment rolls prepared on the basis of taxable status dates occurring
31 on or after such date.
