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S09547 Summary:

BILL NOS09547
 
SAME ASSAME AS A07160
 
SPONSORBROOKS
 
COSPNSR
 
MLTSPNSR
 
Add §431, RPT L
 
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.
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S09547 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          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.
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