S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10570

                          I N  A S S E M B L Y

                              June 7, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
  Stokes) -- read once and referred to the Committee  on  Real  Property
  Taxation

AN ACT to amend the real property tax law, in relation to establishing a
  senior citizen longtime resident exemption in certain cities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 467-j to read as follows:
  S 467-J. SENIOR CITIZEN LONGTIME RESIDENT EXEMPTION. 1. ESTABLISHMENT.
ANY  CITY  WITH A POPULATION GREATER THAN TWO HUNDRED FIFTY THOUSAND AND
LESS THAN THREE HUNDRED THOUSAND, AS DETERMINED BY THE LATEST  DECENNIAL
FEDERAL CENSUS, AFTER CONDUCTING A PUBLIC HEARING, MAY ADOPT A LOCAL LAW
TO  GRANT  A SENIOR CITIZEN LONGTIME RESIDENT EXEMPTION PURSUANT TO THIS
SECTION. ONCE A CITY HAS ENACTED A LOCAL LAW ADOPTING THE PROVISIONS  OF
THIS  SECTION,  THE  COUNTY GOVERNMENT IN WHICH SUCH CITY IS LOCATED MAY
ALSO ENACT A LOCAL LAW TO PROVIDE AN EXEMPTION IN  THE  SAME  MANNER  AS
SUCH CITY.
  2.  ELIGIBILITY. A. NO EXEMPTION SHALL NOT BE GRANTED PURSUANT TO THIS
SECTION UNLESS:
  (1) THE PROPERTY IS A ONE-, TWO- OR THREE-FAMILY RESIDENTIAL  PROPERTY
LOCATED WITHIN A UNITED STATES CENSUS TRACT THAT HAS A MEDIAN INCOME NOT
EXCEEDING  SIXTEEN THOUSAND FIFTY-SIX DOLLARS ACCORDING TO THE TWO THOU-
SAND TEN DECENNIAL CENSUS.  A  CITY  ADOPTING  THE  PROVISIONS  OF  THIS
SECTION  MAY  BY LOCAL LAW FURTHER LIMIT THE EXEMPTION TO SPECIFIC AREAS
WITHIN SUCH CITY EXPERIENCING AN INCREASE IN PROPERTY VALUES DUE TO  NEW
DEVELOPMENT  OCCURRING  THEREIN, WHICH PUT SENIOR CITIZEN LONGTIME RESI-
DENTS AT RISK OF DISPLACEMENT;
  (2) THE PROPERTY SERVES AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE
OWNERS;
  (3) ALL OF THE OWNERS ARE AT LEAST SIXTY-FIVE YEARS OF AGE  OR  OLDER,
OR IN THE CASE OF PROPERTY OWNED BY HUSBAND AND WIFE OR BY SIBLINGS, ONE
OF  THE  OWNERS  IS  AT LEAST SIXTY-FIVE YEARS OF AGE, AS OF THE TAXABLE
STATUS DATE. AT THE OPTION OF THE CITY, WHICH SHALL BE SPECIFIED IN  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15627-01-6

A. 10570                            2

LOCAL  LAW ADOPTING THE PROVISIONS OF THIS SECTION, ANY PERSON OTHERWISE
QUALIFYING UNDER THIS SECTION SHALL NOT BE DENIED  THE  EXEMPTION  UNDER
THIS  SECTION  IF  HE  OR  SHE BECOMES SIXTY-FIVE YEARS OF AGE AFTER THE
APPROPRIATE  TAXABLE  STATUS DATE AND ON OR BEFORE DECEMBER THIRTY-FIRST
OF THE SAME YEAR;
  (4) ONE OR MORE OF THE OWNERS HAS OWNED AND RESIDED  IN  THE  PROPERTY
FOR NO FEWER THAN TWENTY-FIVE CONSECUTIVE YEARS; AND
  (5) THE TOTAL HOUSEHOLD INCOME DOES NOT EXCEED THIRTY THOUSAND DOLLARS
FOR  THE  LATEST PRECEDING INCOME TAX YEAR PRIOR TO THE DATE OF APPLICA-
TION FOR SUCH DEFERMENT. THE TERM "INCOME" AS USED IN THIS SECTION SHALL
MEAN THE "ADJUSTED GROSS INCOME" FOR  FEDERAL  INCOME  TAX  PURPOSES  AS
REPORTED  ON  THE APPLICANT'S FEDERAL OR STATE INCOME TAX RETURN FOR THE
APPLICABLE INCOME TAX YEAR, SUBJECT  TO  ANY  SUBSEQUENT  AMENDMENTS  OR
REVISIONS,  REDUCED  BY DISTRIBUTIONS, TO THE EXTENT INCLUDED IN FEDERAL
ADJUSTED GROSS INCOME, RECEIVED FROM AN  INDIVIDUAL  RETIREMENT  ACCOUNT
AND  AN  INDIVIDUAL  RETIREMENT ANNUITY; PROVIDED THAT IF NO SUCH RETURN
WAS FILED FOR THE APPLICABLE INCOME TAX YEAR, "INCOME"  SHALL  MEAN  THE
ADJUSTED  GROSS INCOME THAT WOULD HAVE BEEN SO REPORTED IF SUCH A RETURN
HAD BEEN FILED.
  3. CALCULATION OF EXEMPTION. A. EXCEPT AS PROVIDED IN PARAGRAPH  B  OF
THIS  SUBDIVISION,  A  SENIOR  CITIZEN LONGTIME RESIDENT SHALL BE EXEMPT
FROM TAXATION AND SPECIAL AD VALOREM LEVIES FOR EVERY YEAR IN WHICH  THE
PROPERTY'S  CURRENT  ASSESSMENT  EXCEEDS  THE "BASE ASSESSMENT." FOR THE
PURPOSES OF THIS SECTION THE "BASE ASSESSMENT" SHALL BE  THE  ASSESSMENT
THAT  APPEARED  ON  THE  ASSESSMENT ROLL IMMEDIATELY PRECEDING THE FIRST
YEAR IN WHICH AN EXEMPTION WAS GRANTED PURSUANT  TO  THIS  SECTION.  THE
ASSESSOR SHALL ANNUALLY CALCULATE THE EXEMPTION BY SUBTRACTING THE "BASE
ASSESSMENT" FROM THE CURRENT YEAR'S ASSESSMENT.
  B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
NO EXEMPTION  SHALL  BE  ALLOWED  TO  THE  EXTENT  THAT  THE  ASSESSMENT
INCREASED DUE TO ONE OR MORE OF THE FOLLOWING EVENTS:
  (1) A PHYSICAL IMPROVEMENT MADE TO THE PROPERTY;
  (2)  A REMOVAL OR REDUCTION OF AN EXEMPTION ON THE ELIGIBLE TAXPAYER'S
PRIMARY RESIDENCE, INCLUDING A  REDUCTION  OF  THE  STAR  EXEMPT  AMOUNT
CALCULATED   PURSUANT   TO  SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED
TWENTY-FIVE OF THIS TITLE; OR
  (3) A REVALUATION THAT CAUSED THE ASSESSMENT OF THE  ELIGIBLE  TAXPAY-
ER'S  PRIMARY RESIDENCE TO INCREASE BY A PERCENTAGE THAT IS LESS THAN OR
EQUAL TO THE APPLICABLE CHANGE IN LEVEL OF ASSESSMENT. AS USED  IN  THIS
SECTION,  THE  TERMS  "REVALUATION"  AND "CHANGE IN LEVEL OF ASSESSMENT"
SHALL HAVE THE SAME MEANINGS AS SET FORTH IN SECTIONS  ONE  HUNDRED  TWO
AND TWELVE HUNDRED TWENTY OF THIS CHAPTER, RESPECTIVELY.
  4.  APPLICATION  FOR  SUCH  EXEMPTION SHALL BE MADE ANNUALLY ON A FORM
PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL BE  MADE  TO  THE
CITY  ASSESSOR  ON OR BEFORE THE TAXABLE STATUS DATE. NO APPLICATION FOR
SUCH EXEMPTION SHALL BE  GRANTED  UNLESS  THE  ELIGIBILITY  CRITERIA  OF
SUBDIVISION TWO OF THIS SECTION ARE MET.
  5.  IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO THIS
SECTION TRANSFERS OWNERSHIP OR OTHERWISE CEASES TO MEET THE  ELIGIBILITY
REQUIREMENTS  OF  THE  EXEMPTION IN SUBDIVISION TWO OF THIS SECTION, THE
EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE  DISCONTINUED.  UPON
DETERMINING THAT AN EXEMPTION GRANTED PURSUANT TO THIS SECTION SHOULD BE
DISCONTINUED,  THE  ASSESSOR SHALL MAIL A NOTICE SO STATING TO THE OWNER
OR OWNERS THEREOF AT THE TIME AND IN THE MANNER PROVIDED BY SECTION FIVE
HUNDRED TEN OF THIS CHAPTER.

A. 10570                            3

  6. THE CITY ASSESSOR SHALL, ON OR BEFORE DECEMBER FIRST, MAIL TO  EACH
PERSON  WHO  WAS  GRANTED  AN EXEMPTION PURSUANT TO THIS SECTION FOR THE
CURRENT CITY FISCAL YEAR, AN APPLICATION FORM FOR  AN  EXEMPTION  AND  A
NOTICE  THAT  SUCH  APPLICATION  MUST BE FILED NO LATER THAN THE TAXABLE
STATUS DATE IN ORDER FOR THE EXEMPTION TO BE GRANTED OR CONTINUED. FAIL-
URE  TO  MAIL ANY SUCH APPLICATION FORM OR NOTICE OR THE FAILURE OF SUCH
PERSON OR PERSONS TO RECEIVE  THE  SAME  SHALL  NOT  PREVENT  THE  LEVY,
COLLECTION AND ENFORCEMENT OF THE PAYMENT OF THE TAXES ON PROPERTY OWNED
BY SUCH PERSON OR PERSONS.
  S 2. This act shall take effect immediately.