Provides that where a senior citizen purchases real property after the taxable status date, such person shall be eligible for the enhanced STAR exemption

5 Co-sponsors

• Owen H. Johnson
• William J. Larkin Jr.
• George D. Maziarz
• Michael H. Ranzenhofer
• Catharine Young

BILL NUMBER:S1942

Title of bill

An act to amend the real property tax law, in relation to eligibility for the enhanced school tax relief exemption for senior citizens for properties purchased after the levy of taxes

Purpose or general idea of bill

This bill provides that where a senior citizen purchases real property after the taxable status date, such person shall be eligible for the enhanced STAR exemption.

Summary of specific provisions

§ 1- Amends subdivision 6 of § 425 of the Real Property Tax Law by adding a new paragraph (g).

§ 2- Effective date.

Existing law

Current law does not allow the retention of the STAR exemption for those over 65 who move subsequent to the taxable status date.

Justification

Real property tax law 467 subdivision (9) presently allows a senior citizen who moves after a municipal taxable status date to retain their eligibility for the regular senior citizens property tax exemption. This bill will correct a technical oversight that occurred when the STAR program was enacted by making a similar opportunity to transfer an existing exemption available to STAR applicants who are over 65.

This bill will allow a senior citizen to move after a municipal taxable status date and still be eligible for the enhanced senior citizen exemption for that year. The property owner must file an application for exemption within 30 days after receiving title to the property. The assessor, no later than 30 days after receiving such application. shall notify both the applicant and the Board of Assessment review by first class mail of the exempt amount which is then subject to the assessment review process. This process will ensure that senior citizens do not lose an exemption for which they are otherwise qualified.

Legislative history

2009-10: S.2925 2007-08: S.941 2005-06: S.1559 2003-04: S.2583: 2001-02: S.2311 1999-00: S 3246

Fiscal implications

None. There will be no new costs because the exemption has already been allotted for in state funds and is merely shifting.

Effective date

This act shall take effect immediately and shall apply to real property transferred to qualified senior citizens after taxable status dates occurring on or after such date.