NY State Senate Bill 2021-S103

Senate Bill S103

2021-2022 Legislative Session

Grants a tax deferment for persons sixty-five years of age or older who own and occupy real property in N.Y. city

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to aging
Jan 06, 2021	referred to aging

co-Sponsors

2021-S103 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Add §467-l, RPT L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6929
2019-2020: S1062

2021-S103 (ACTIVE) - Summary

Grants a tax deferment for persons sixty-five years of age or over who own and occupy real property in a city having a population of one million or more persons.

2021-S103 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S103

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to granting a tax
deferment for persons sixty-five years of age or older who reside in a
city having a population of one million or more persons

 
PURPOSE:

The purpose of this bill is to shield seniors from an increase in real
property taxes by deferring any increase. This will allow them to remain
in their homes as the value of the property continues to rise.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section to the Real Property Tax law to grant
property tax deferment to senior citizen homeowners who reside in city
with a population of one million or more people.

Section 2: Effective Date.

 
JUSTIFICATION:

Cities with a population of million or more continue to experience expo-
nential population growth, which has led to an affordable housing crisis
in these metropolitan areas. As the value of real property (and accompa-
nying taxes) has risen, senior homeowners have become particularly
vulnerable to shifts in the housing market, especially those with fixed
incomes that are unable to absorb tax increases.  This legislation would
shield seniors from an increase in real property taxes by deferring any
increase. The state would receive the difference in the annual increase,
without interest, once the home is sold or when the senior resident
passes away. The senior would continue to pay the same real property tax
they paid when this bill is enacted, allowing them to maintain their
budget in light of uncontrollable market forces. Currently, twenty-eight
states and the District of Columbia offer similar programs for senior
homeowners.  It is important to note that only the increases in real
property tax would be deferred, not the entire tax. The tax deferment
for seniors will not result in a monetary loss for the state.  By allow-
ing seniors to remain in their homes, they can maintain important ties
to the community, family and friends that they have developed over
decades of occupancy. The prospect of moving away from these long-term
support networks can be devastating to seniors. Seniors are sustained by
a strong sense of place and community, coupled with familiarity of
certain locations. Often times, seniors tend to live in older buildings
that often require repairs. Old houses in cities occupied by the elderly
are more likely to have physical problems than newer houses.

By deferring the increase in real property tax, seniors will be able to
maintain their homes and a safe living environment. In addition, the
recent rise in fuel costs is another example of an unforeseen situation
that seniors face. Many seniors live on a fixed income and cannot afford
a healthy standard of living when faced with these circumstances. This
deferment will ease some financial stress.

In 2017, the New York City Council enacted legislation (Local Law No.
140) which increased the maximum income level for the Senior Citizen
Homeowner's Exemption (SCHE) and Disabled Homeowner's Exemption (DHE)
program from $50,000 to $58,400. While this program offers property tax
relief for senior citizen homeowners, a tax deferral program, as
proposed in this legislation, will help senior homeowners avoid the
burden of rising property tax increases and enable them to remain in
their home.

 
PRIOR LEGISLATIVE HISTORY:

2019/2020 S1062 REFERRED TO AGING

2017/2018 S6929 REFERRED TO CITES, COMMITTED TO RULES

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law.

2021-S103 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    103
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the real property tax law, in relation to granting a tax
   deferment for persons sixty-five years of age or older who reside in a
   city having a population of one million or more persons
 
   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-l to read as follows:
   § 467-L. DEFERRAL OF REAL PROPERTY TAX FOR PERSONS SIXTY-FIVE YEARS OF
 AGE OR OLDER RESIDING IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR
 MORE  PERSONS.  1.  (A)  ANY CITY OF ONE MILLION OR MORE PERSONS MAY, BY
 LOCAL LAW, GRANT A TAX DEFERMENT FOR QUALIFYING REAL PROPERTY OWNED  AND
 OCCUPIED BY ONE OR MORE PERSONS, EACH OF WHOM IS SIXTY-FIVE YEARS OF AGE
 OR  OLDER, OR QUALIFYING REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND
 WIFE OR BY SIBLINGS, ONE OF WHOM IS SIXTY-FIVE YEARS OF  AGE  OR  OLDER.
 FOR  PURPOSES  OF  THIS  SECTION,  "SIBLING"  SHALL  MEAN A BROTHER OR A
 SISTER, WHETHER RELATED THROUGH HALF BLOOD, WHOLE BLOOD OR ADOPTION.
   (B) FOR THE PURPOSES OF THIS SECTION, "QUALIFYING REAL PROPERTY" SHALL
 MEAN A ONE, TWO OR THREE FAMILY RESIDENCE, A FARM DWELLING  OR  RESIDEN-
 TIAL  PROPERTY  HELD IN CONDOMINIUM OR COOPERATIVE FORM OF OWNERSHIP. IF
 THE PROPERTY IS NOT AN ELIGIBLE TYPE OF PROPERTY, BUT A PORTION  OF  THE
 PROPERTY  IS  PARTIALLY  USED  BY THE OWNER AS A PRIMARY RESIDENCE, THAT
 PORTION WHICH IS SO USED SHALL BE ENTITLED TO THE DEFERMENT PROVIDED  BY
 THIS  SECTION;  PROVIDED THAT IN NO EVENT SHALL THE DEFERMENT EXCEED THE
 ASSESSED VALUE ATTRIBUTABLE TO THAT PORTION. THE PRIMARY  RESIDENCE  AND
 OCCUPANCY  REQUIREMENT  SHALL  BE  WAIVED  IF  THE  QUALIFYING PERSON OR
 PERSONS ARE ABSENT FROM THE PROPERTY DUE TO MEDICAL REASONS OR  INSTITU-
 TIONALIZATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03037-01-1

 S. 103                              2
 
   (C) APPLICATION FOR SUCH DEFERMENT SHALL BE MADE ANNUALLY BY THE OWNER
 OR OWNERS OF SUCH REAL PROPERTY. NO APPLICATION FOR SUCH DEFERMENT SHALL
 BE  GRANTED TO ANY OWNER WITH A TOTAL INCOME EXCEEDING FIFTY-EIGHT THOU-
 SAND FOUR HUNDRED DOLLARS. FOR PURPOSES OF THIS SECTION, "INCOME"  SHALL
 MEAN  THE  GROSS  INCOME OF THE OWNER OR OWNERS OF SUCH PROPERTY FOR THE
 INCOME TAX YEAR IMMEDIATELY PRECEDING THE DATE OF APPLICATION  FOR  SUCH
 DEFERMENT  AND  SHALL  INCLUDE  SOCIAL SECURITY AND RETIREMENT BENEFITS,
 INTEREST, DIVIDENDS, TOTAL GAIN FROM THE SALE OR EXCHANGE OF  A  CAPITAL
 ASSET WHICH MAY BE OFFSET BY A LOSS FROM THE SALE OR EXCHANGE OF A CAPI-
 TAL  ASSET IN THE SAME INCOME TAX YEAR, NET RENTAL INCOME, EARNED INCOME
 FROM SALARY OR EARNINGS AND NET INCOME FROM SELF-EMPLOYMENT,  BUT  SHALL
 NOT  INCLUDE A RETURN OF CAPITAL, GIFTS OR INHERITANCES. THE AGE OF EACH
 OWNER OF SUCH PROPERTY SHALL BE THE AGE OF SUCH PERSON AT THE  COMMENCE-
 MENT  OF  THE CITY'S FISCAL YEAR FOR WHICH AN APPLICATION FOR TAX DEFER-
 MENT IS MADE.
   2. SUCH DEFERMENT SHALL EQUAL THE TOTAL PER CENTUM  OF  THE  DEFERMENT
 BASE.  FOR  PURPOSES  OF  THIS  SECTION, "DEFERMENT BASE" SHALL MEAN ANY
 INCREASE IN REAL PROPERTY TAX FROM THE TAX  YEAR  IMMEDIATELY  PRECEDING
 THE YEAR IN WHICH SUCH PERSON REACHED THE AGE OF SIXTY-FIVE YEARS TO THE
 TAX YEAR FOR WHICH AN APPLICATION FOR TAX DEFERMENT IS MADE.
   3.  THE  AMOUNT  OF  TAXES  DEFERRED SHALL ACCRUE AGAINST SUCH PERSON,
 WITHOUT INTEREST, AND SHALL, ON THE  DATE  SUCH  DEFERMENT  IS  GRANTED,
 CONSTITUTE  A  LIEN  AGAINST  SUCH  PROPERTY IN FAVOR OF THE APPROPRIATE
 MUNICIPAL CORPORATION. THE OWNER OR  OWNERS  OF  SUCH  PROPERTY,  HAVING
 RECEIVED  SUCH  DEFERMENT  PURSUANT  TO  THIS SECTION, MAY, AT ANY TIME,
 TERMINATE THE DEFERMENT AND REMOVE THE RESULTANT LIEN ON  SAID  PROPERTY
 BY PAYING IN FULL THE CUMULATIVE AMOUNT OF SUCH LIEN.
   4.  A  TAX  DEFERMENT  GRANTED  TO A HUSBAND AND WIFE PURSUANT TO THIS
 SECTION, ONCE GRANTED, SHALL NOT BE  RESCINDED  SOLELY  BECAUSE  OF  THE
 DEATH  OF  THE  OLDER SPOUSE SO LONG AS THE SURVIVING SPOUSE IS AT LEAST
 SIXTY-TWO YEARS OF AGE. IN THE EVENT THAT THE SURVIVING SPOUSE  IS  LESS
 THAN SIXTY-TWO YEARS OF AGE, SUCH SURVIVING SPOUSE SHALL BE ELIGIBLE FOR
 THE  TAX  DEFERMENT  UPON  REACHING  SIXTY-TWO YEARS OF AGE PROVIDED ALL
 OTHER ELIGIBILITY REQUIREMENTS ARE MET.
   5. ANY PERSON WHO HAS ALREADY ATTAINED THE AGE OF SIXTY-FIVE YEARS  OR
 OLDER  IS  ELIGIBLE  FOR  SUCH  DEFERRAL  AND SHALL BE ENTITLED TO A TAX
 DEFERMENT BASED ON THE TAX YEAR IMMEDIATELY PRECEDING THE EFFECTIVE DATE
 OF THIS SECTION.
   6. THE DEFERMENT PERIOD WILL EXPIRE WHEN  EITHER  NO  ELIGIBLE  PERSON
 REMAINS  IN THE PROPERTY, OR WHEN THE BENEFICIARY OF THE DEFERMENT FAILS
 TO REAPPLY FOR SUCH DEFERMENT; PROVIDED, HOWEVER, THAT THE  MUNICIPALITY
 MUST PROVIDE A NOTICE SIXTY DAYS PRIOR TO THE ANNUAL REAPPLICATION DEAD-
 LINE VIA UNITED STATES POSTAL SERVICE TO THE BENEFICIARY'S PRIMARY RESI-
 DENCE. UPON THE EXPIRATION OF THE DEFERMENT PERIOD, THE MUNICIPAL CORPO-
 RATION  MAY  COLLECT UPON THE LIEN UTILIZING ITS STANDARD PROCEDURES FOR
 TAX LIENS AND TAX SALES PURSUANT TO CHAPTER THREE OF TITLE ELEVEN OF THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S103

Share this bill

Sponsored By

Roxanne J. Persaud