S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3733
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in  relation  to  granting  a
   total  exemption  from  real property taxation for school tax purposes
   for certain persons seventy-five years of age or over

   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-m to read as follows:
   § 467-M. PERSONS SEVENTY-FIVE YEARS OF AGE OR OVER. 1.   NOTWITHSTAND-
 ING  ANY  INCONSISTENT  PROVISION OF SECTION FOUR HUNDRED SIXTY-SEVEN OF
 THIS TITLE OR ANY OTHER PROVISION OF LAW, REAL PROPERTY OWNED BY ONE  OR
 MORE  PERSONS EACH OF WHOM IS SEVENTY-FIVE YEARS OF AGE OR OVER, OR REAL
 PROPERTY OWNED BY HUSBAND AND WIFE OR SIBLINGS, ONE OF WHOM IS  SEVENTY-
 FIVE  YEARS OF AGE OR OVER AND THE YOUNGEST OWNER IS AT LEAST SIXTY-FIVE
 YEARS OF AGE; SUCH PERSONS HAVE RESIDED IN THE SCHOOL  DISTRICT  FOR  AT
 LEAST  THIRTY YEARS AND DO NOT HAVE ANY CHILDREN ENROLLED IN SUCH SCHOOL
 DISTRICT SHALL BE EXEMPT FROM TAXATION BY ANY MUNICIPAL CORPORATION  FOR
 SCHOOL  PURPOSES,  IN WHICH LOCATED, TO THE TOTAL EXTENT OF THE ASSESSED
 VALUATION THEREOF PROVIDED THE GOVERNING  BOARD  OF  SUCH  MUNICIPALITY,
 AFTER  PUBLIC  HEARING,  ADOPTS  A  LOCAL  LAW,  ORDINANCE OR RESOLUTION
 PROVIDING THEREFOR.
   2. ALL OF THE PROVISIONS OF SECTION FOUR HUNDRED SIXTY-SEVEN  OF  THIS
 TITLE  APPLICABLE  TO  THE  GRANTING  OF EXEMPTIONS FOR GENERAL, COUNTY,
 CITY, TOWN, VILLAGE, OR SCHOOL PURPOSES INSOFAR AS SUCH  PROVISIONS  ARE
 NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE
 TO THE EFFECTUATING OF THE EXEMPTION PROVIDED IN THIS SECTION.
   3. (A) TO QUALIFY FOR EXEMPTION PURSUANT TO THIS SECTION, THE PROPERTY
 MUST  BE  A ONE, TWO OR THREE FAMILY RESIDENCE, A FARM DWELLING OR RESI-
 DENTIAL PROPERTY HELD IN CONDOMINIUM OR COOPERATIVE FORM  OF  OWNERSHIP.
 IF  THE  PROPERTY  IS NOT AN ELIGIBLE TYPE OF PROPERTY, BUT A PORTION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00937-01-3
              

 A. 3733                             2
 
 THE PROPERTY IS PARTIALLY USED BY THE OWNER AS A PRIMARY RESIDENCE, THAT
 PORTION WHICH IS SO USED SHALL BE ENTITLED TO THE EXEMPTION PROVIDED  BY
 THIS  SECTION;  PROVIDED THAT IN NO EVENT SHALL THE EXEMPTION EXCEED THE
 ASSESSED VALUE ATTRIBUTABLE TO THAT PORTION.
   (B)  PRIMARY  RESIDENCE.  THE PROPERTY MUST SERVE AS THE PRIMARY RESI-
 DENCE OF ONE OR MORE OF THE OWNERS THEREOF.
   (C) TRUSTS. IF LEGAL TITLE TO THE PROPERTY IS  HELD  BY  ONE  OR  MORE
 TRUSTEES,  THE  BENEFICIAL  OWNER  OR  OWNERS SHALL BE DEEMED TO OWN THE
 PROPERTY FOR PURPOSES OF THIS SUBDIVISION.
   (D) FARM DWELLINGS NOT OWNED BY THE RESIDENT. (I) IF  LEGAL  TITLE  TO
 THE FARM DWELLING IS HELD BY AN S-CORPORATION OR BY A C-CORPORATION, THE
 EXEMPTION  SHALL  BE GRANTED IF THE PROPERTY SERVES AS THE PRIMARY RESI-
 DENCE OF A SHAREHOLDER OF SUCH CORPORATION.
   (II) IF THE LEGAL TITLE TO THE FARM DWELLING IS HELD BY A PARTNERSHIP,
 THE EXEMPTION SHALL BE GRANTED IF THE PROPERTY  SERVES  AS  THE  PRIMARY
 RESIDENCE OF ONE OR MORE OF THE PARTNERS.
   (III)  ANY  INFORMATION  DEEMED  NECESSARY TO ESTABLISH SHAREHOLDER OR
 PARTNER STATUS FOR ELIGIBILITY PURPOSES SHALL BE CONSIDERED CONFIDENTIAL
 AND EXEMPT FROM THE FREEDOM OF INFORMATION LAW.
   4. (A) THE COMBINED INCOME OF ALL OF THE OWNERS, AND  OF  ANY  OWNERS'
 SPOUSES  RESIDING  ON THE PREMISES, MAY NOT EXCEED THE APPLICABLE INCOME
 STANDARD SPECIFIED HEREIN.
   (I) FOR FINAL ASSESSMENT ROLLS TO BE COMPLETED PRIOR TO  TWO  THOUSAND
 TWENTY-THREE,  ELIGIBILITY  FOR THE EXEMPTION SHALL BE BASED UPON INCOME
 FOR THE INCOME TAX YEAR IMMEDIATELY PRECEDING THE DATE OF MAKING  APPLI-
 CATION  FOR  THE EXEMPTION, AND THE INCOME STANDARD SHALL BE SIXTY THOU-
 SAND DOLLARS.
   (II) FOR FINAL ASSESSMENT ROLLS TO BE COMPLETED IN TWO THOUSAND  TWEN-
 TY-THREE,  ELIGIBILITY  FOR THE EXEMPTION SHALL BE BASED UPON INCOME FOR
 THE INCOME TAX YEAR ENDING IN TWO THOUSAND TWENTY-ONE,  AND  THE  INCOME
 STANDARD  SHALL  BE  THE  PREVIOUSLY-APPLICABLE INCOME STANDARD OF SIXTY
 THOUSAND DOLLARS INCREASED BY THE  COST-OF-LIVING-ADJUSTMENT  PERCENTAGE
 FOR TWO THOUSAND TWENTY-ONE. FOR PURPOSES OF THIS COMPUTATION, THE COST-
 OF-LIVING-ADJUSTMENT  PERCENTAGE  FOR  TWO  THOUSAND TWENTY-ONE SHALL BE
 EQUAL TO THE "APPLICABLE INCREASE PERCENTAGE" USED BY THE UNITED  STATES
 COMMISSIONER  OF  SOCIAL  SECURITY  TO DETERMINE MONTHLY SOCIAL SECURITY
 BENEFITS PAYABLE IN TWO THOUSAND TWENTY-ONE TO INDIVIDUALS, AS  PROVIDED
 BY  SUBSECTION (I) OF SECTION FOUR HUNDRED FIFTEEN OF TITLE FORTY-TWO OF
 THE UNITED STATES CODE.
   (III) FOR FINAL ASSESSMENT ROLLS TO BE COMPLETED IN EACH ENSUING YEAR,
 THE APPLICABLE INCOME TAX YEAR, COST-OF-LIVING-ADJUSTMENT PERCENTAGE AND
 APPLICABLE INCREASE PERCENTAGE SHALL ALL BE ADVANCED BY  ONE  YEAR,  AND
 THE  INCOME  STANDARD SHALL BE THE PREVIOUSLY-APPLICABLE INCOME STANDARD
 INCREASED BY THE  NEW  COST-OF-LIVING-ADJUSTMENT  PERCENTAGE.  IF  THERE
 SHOULD  BE  A  YEAR FOR WHICH THERE IS NO APPLICABLE INCREASE PERCENTAGE
 DUE TO A GENERAL BENEFIT INCREASE AS DEFINED  BY  SUBDIVISION  THREE  OF
 SUBSECTION (I) OF SECTION FOUR HUNDRED FIFTEEN OF TITLE FORTY-TWO OF THE
 UNITED  STATES  CODE, THE APPLICABLE INCREASE PERCENTAGE FOR PURPOSES OF
 THIS COMPUTATION SHALL BE DEEMED TO BE THE PERCENTAGE WHICH  WOULD  HAVE
 YIELDED THAT GENERAL BENEFIT INCREASE.
   (IV) IN NO CASE SHALL AN INCOME STANDARD BE DECREASED FROM ONE ASSESS-
 MENT ROLL TO THE NEXT.
   (V)  IF  THE INCOME STANDARD INITIALLY COMPUTED FOR AN ASSESSMENT ROLL
 IS NOT EXACTLY EQUAL TO A MULTIPLE OF FIFTY DOLLARS, IT SHALL BE ROUNDED
 UP TO THE NEXT HIGHER MULTIPLE OF FIFTY DOLLARS.
 A. 3733                             3
 
   (VI) IT SHALL BE THE RESPONSIBILITY OF THE  COMMISSIONER  TO  ANNUALLY
 DETERMINE  ALL  INCOME  STANDARDS PURSUANT TO THIS SUBDIVISION BEGINNING
 WITH FINAL ASSESSMENT ROLLS TO BE  COMPLETED  IN  TWO  THOUSAND  TWENTY-
 THREE, TO CAUSE NOTICE THEREOF TO BE PUBLISHED IN THE STATE REGISTER, TO
 DISSEMINATE  NOTICE THEREOF TO ASSESSORS, COUNTY DIRECTORS OF REAL PROP-
 ERTY TAX SERVICES, AND SUCH OTHER PARTIES AS IT  MAY  DEEM  APPROPRIATE,
 AND TO POST NOTICE THEREOF ON ITS WEBSITE.
   (B)  THE  TERM  "INCOME" AS USED HEREIN 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  DISTRIB-
 UTIONS,  TO  THE  EXTENT  INCLUDED  IN  FEDERAL  ADJUSTED  GROSS INCOME,
 RECEIVED FROM AN INDIVIDUAL RETIREMENT ACCOUNT AND AN INDIVIDUAL RETIRE-
 MENT ANNUITY; PROVIDED THAT IF NO SUCH RETURN WAS FILED FOR THE APPLICA-
 BLE INCOME TAX YEAR, "INCOME" SHALL MEAN THE ADJUSTED GROSS INCOME  THAT
 WOULD HAVE BEEN SO REPORTED IF SUCH A RETURN HAD BEEN FILED.
   (C)  ANY  INFORMATION  OR  DOCUMENTATION SUBMITTED BY THE APPLICANT IN
 CONNECTION WITH APPLICATIONS FOR OR RENEWAL OF THE EXEMPTION  AUTHORIZED
 UNDER  THIS  SECTION TO VERIFY INCOME, SHALL BE DEEMED CONFIDENTIAL, AND
 THE ASSESSOR, ANY MUNICIPAL OFFICER OR MUNICIPAL EMPLOYEES ARE PROHIBIT-
 ED FROM DISCLOSING ANY  SUCH  INFORMATION,  EXCEPT  FOR  ANY  DISCLOSURE
 NECESSARY  IN  THE  PERFORMANCE  OF THEIR OFFICIAL DUTIES, AND EXCEPT AS
 AUTHORIZED BY  PARAGRAPH  (E)  OF  THIS  SUBDIVISION.  ANY  UNAUTHORIZED
 DISCLOSURE  OF  SUCH  INFORMATION SHALL BE DEEMED A VIOLATION OF SECTION
 EIGHT HUNDRED FIVE-A OF THE GENERAL MUNICIPAL LAW.
   (D) EFFECTIVE WITH APPLICATIONS FOR THE ENHANCED  EXEMPTION  ON  FINAL
 ASSESSMENT  ROLLS  TO  BE  COMPLETED  IN  TWO THOUSAND TWENTY-THREE, THE
 APPLICATION FORM SHALL INDICATE THAT THE OWNERS OF THE PROPERTY AND  ANY
 OWNERS'  SPOUSES  RESIDING ON THE PREMISES MAY AUTHORIZE THE ASSESSOR TO
 HAVE THEIR INCOME ELIGIBILITY VERIFIED ANNUALLY THEREAFTER BY THE  STATE
 DEPARTMENT  OF TAXATION AND FINANCE, IN LIEU OF FURNISHING COPIES OF THE
 APPLICABLE INCOME TAX RETURN OR RETURNS WITH  THE  APPLICATION.  IF  THE
 OWNERS  OF THE PROPERTY AND ANY OWNERS' SPOUSES RESIDING ON THE PREMISES
 ELECT TO PARTICIPATE IN THIS PROGRAM, WHICH SHALL BE KNOWN AS  THE  STAR
 INCOME  VERIFICATION PROGRAM, THEY MUST FURNISH THEIR TAXPAYER IDENTIFI-
 CATION NUMBERS IN ORDER TO  FACILITATE  MATCHING  WITH  RECORDS  OF  THE
 DEPARTMENT OF TAXATION AND FINANCE. THEREAFTER, THEIR INCOME ELIGIBILITY
 SHALL  BE  VERIFIED  ANNUALLY  BY  THE  STATE DEPARTMENT OF TAXATION AND
 FINANCE AND THE ASSESSOR SHALL NOT  REQUEST  INCOME  DOCUMENTATION  FROM
 THEM,  UNLESS  SUCH  DEPARTMENT ADVISES THE ASSESSOR THROUGH THE COMMIS-
 SIONER THAT THEY  DO  NOT  SATISFY  THE  APPLICABLE  INCOME  ELIGIBILITY
 REQUIREMENTS,  OR  THAT  IT  IS UNABLE TO DETERMINE WHETHER THEY SATISFY
 THOSE REQUIREMENTS.
   (E) THE ASSESSOR SHALL FORWARD TO THE COMMISSIONER, IN  THE  TIME  AND
 MANNER REQUIRED BY THE COMMISSIONER, INFORMATION IDENTIFYING THE PERSONS
 WHO HAVE ELECTED TO PARTICIPATE IN THE STAR INCOME VERIFICATION PROGRAM.
 THE  COMMISSIONER  SHALL  FORWARD  SUCH INFORMATION TO THE DEPARTMENT OF
 TAXATION AND FINANCE IN THE MANNER PROVIDED BY  THE  AGREEMENT  EXECUTED
 PURSUANT  TO SECTION ONE HUNDRED SEVENTY-ONE-K OF THE TAX LAW, AND SHALL
 NOTIFY THE ASSESSOR OF THE RESPONSE OR RESPONSES HE OR SHE RECEIVES FROM
 SUCH  DEPARTMENT  PURSUANT  TO  SUCH  AGREEMENT.  AFTER  RECEIVING  SUCH
 RESPONSE OR RESPONSES, THE ASSESSING AUTHORITY SHALL CAUSE NOTICES TO BE
 MAILED TO PARTICIPANTS. INFORMATION OBTAINED BY THE COMMISSIONER IDENTI-
 FYING SUCH PERSONS, AND RESPONSES OBTAINED FROM SUCH DEPARTMENT SHALL BE
 CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF
 THE PUBLIC OFFICERS LAW.
 A. 3733                             4
 
   (F)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (D) AND (E) OF THIS
 SUBDIVISION, WHICH ESTABLISH A STAR INCOME VERIFICATION PROGRAM,  INCOME
 DOCUMENTATION  MUST BE SUBMITTED TO THE ASSESSOR IN CONNECTION WITH EACH
 OF THE FOLLOWING:
   (I) INITIAL APPLICATIONS FOR THE ENHANCED STAR EXEMPTION;
   (II)  RENEWAL  APPLICATIONS  SUBMITTED BY A PERSON OR PERSONS WHO HAVE
 NOT ELECTED TO PARTICIPATE IN THE STAR INCOME VERIFICATION PROGRAM;
   (III) APPLICATIONS THAT WOULD ALLOW AN ENHANCED  EXEMPTION  TO  RESUME
 AFTER HAVING BEEN DISCONTINUED;
   (IV)  APPLICATIONS SUBMITTED BY A PERSON OR PERSONS WHO HAD PREVIOUSLY
 QUALIFIED FOR THE ENHANCED EXEMPTION BUT NOT IN THE  ASSESSING  UNIT  IN
 QUESTION; AND
   (V)  APPLICATIONS WITH RESPECT TO WHICH THE DEPARTMENT OF TAXATION AND
 FINANCE HAS ADVISED THE ASSESSOR THROUGH THE  COMMISSIONER  THAT  IT  IS
 UNABLE  TO  DETERMINE  WHETHER A PARTICIPANT OR PARTICIPANTS IN THE STAR
 INCOME VERIFICATION PROGRAM SATISFY THE INCOME ELIGIBILITY REQUIREMENTS.
   § 2. This act shall take effect immediately and shall apply to assess-
 ment rolls prepared on the basis of taxable status dates occurring on or
 after the first of January next succeeding the date on  which  this  act
 shall have become a law.