S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3389
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, MONTESANO, BENEDETTO, ABBATE, PAULIN
   --  Multi-Sponsored  by  --  M. of A. GUNTHER, LUPARDO, McDONOUGH, RA,
   RAIA, RAMOS, THIELE -- 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
   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:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 431 to read as follows:
   § 431. PERSONS SEVENTY YEARS OF AGE  OR  OVER;  CAPPED  REAL  PROPERTY
 SCHOOL  TAX RATE. 1. (A) RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY
 ONE OR MORE PERSONS, EACH OF WHOM IS SEVENTY YEARS OF AGE  OR  OVER  AND
 MEETS  EACH  OF  THE  REQUIREMENTS FOR THE ENHANCED EXEMPTION FOR SENIOR
 CITIZENS SET FORTH IN SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE, OR
 RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND WIFE, ONE OF
 WHOM IS SEVENTY YEARS OF AGE OR OVER AND MEETS EACH OF THE  REQUIREMENTS
 FOR THE ENHANCED EXEMPTION FOR SENIOR CITIZENS SET FORTH IN SECTION FOUR
 HUNDRED TWENTY-FIVE OF THIS TITLE, SHALL BE ELIGIBLE FOR THE CAPPED REAL
 PROPERTY  SCHOOL TAX RATE SET FORTH IN THIS SECTION, PROVIDED THE SCHOOL
 DISTRICT, AFTER PUBLIC HEARING, ADOPTS A RESOLUTION PROVIDING THEREFOR.
   (B) FOR PURPOSES OF THIS  SECTION,  THE  TERM  "CAPPED  REAL  PROPERTY
 SCHOOL TAX RATE" SHALL MEAN THE LOWER OF:
   (I)  THE  REAL  PROPERTY  SCHOOL  TAX  RATE ESTABLISHED ON THE TAXABLE
 STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
 THE AGE OF SEVENTY YEARS; OR
   (II) THE REAL PROPERTY SCHOOL TAX  RATE  ESTABLISHED  ON  ANY  TAXABLE
 STATUS  DATE  SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06998-01-9
              

 A. 3389                             2
 
 THE AGE OF SEVENTY YEARS, WHICH IS LOWER THAN THE REAL  PROPERTY  SCHOOL
 TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU-
 ALLY  FOR  EACH ELIGIBLE PERSON SEVENTY YEARS OF AGE OR OLDER IN ACCORD-
 ANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   2. ANY PERSON ELIGIBLE FOR THE CAPPED REAL PROPERTY  SCHOOL  TAX  RATE
 SHALL  APPLY  ANNUALLY  FOR  SUCH CAPPED RATE. SUCH APPLICATION SHALL BE
 MADE IN A MANNER AND FORM  DETERMINED  BY  THE  STATE  BOARD  AND  SHALL
 REQUIRE  PROOF  OF  THE APPLICANT'S AGE. SUCH APPLICATION SHALL BE FILED
 WITH THE LOCAL ASSESSOR ON OR BEFORE THE TAXABLE STATUS  DATE  FOR  SUCH
 DISTRICT.
   3.  EVERY  SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE NOTIFIED, EACH
 PERSON OWNING RESIDENTIAL REAL PROPERTY IN THE SCHOOL  DISTRICT  OF  THE
 PROVISIONS  OF  THIS  SECTION. THE PROVISIONS OF THIS SUBDIVISION MAY BE
 MET BY A NOTICE SENT TO SUCH  PERSONS  IN  SUBSTANTIALLY  THE  FOLLOWING
 FORM:  "RESIDENTIAL  REAL PROPERTY OWNED BY PERSONS SEVENTY YEARS OF AGE
 OR OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE.  TO
 RECEIVE  SUCH  CAPPED  RATE, ELIGIBLE OWNERS OF QUALIFYING PROPERTY MUST
 FILE AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE  APPLICA-
 BLE  TAXABLE  STATUS  DATE. FOR FURTHER INFORMATION, PLEASE CONTACT YOUR
 LOCAL ASSESSOR."
   4. A SCHOOL DISTRICT WHICH PROVIDES A CAPPED REAL PROPERTY SCHOOL  TAX
 RATE  FOR  PERSONS SEVENTY YEARS OF AGE OR OVER PURSUANT TO THIS SECTION
 SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE DEPARTMENT OF  EDUCATION,  AS
 APPROVED  BY  THE  COMMISSIONER  OF  EDUCATION, IN CONSULTATION WITH THE
 COMMISSIONER OF TAXATION AND FINANCE, FOR ONE  HUNDRED  PERCENT  OF  THE
 DIRECT COST TO SUCH SCHOOL DISTRICT RESULTING FROM THE IMPLEMENTATION OF
 THIS  SECTION.  SUCH  DIRECT  COST SHALL BE CALCULATED PURSUANT TO REGU-
 LATIONS OF THE COMMISSIONER  OF  EDUCATION,  IN  CONSULTATION  WITH  THE
 COMMISSIONER  OF  TAXATION AND FINANCE.   A CLAIM FOR SUCH REIMBURSEMENT
 SHALL BE MADE BY SUCH SCHOOL DISTRICT IN A MANNER AND FORM PRESCRIBED BY
 THE COMMISSIONER OF EDUCATION.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 assessment rolls prepared on the basis of taxable status dates occurring
 on or after such date.