Relates to prorating a veteran's exemption if such veteran moves within the same county

3 Co-sponsors

• Rich Funke
• Terrence P. Murphy
• Susan Serino

BILL NUMBER:S2938A

Title of bill

An act to amend the real property tax law, in relation to prorating a veteran's exemption if such veteran moves within the same county

Purpose

To ensure that veterans already receiving property tax exemptions, continue to receive such exemptions upon moving within the same county.

Summary of provisions

Section 1: Amends Section 458 of the real property tax law, as added by chapter 166 of the laws of 2006.

Currently, a veteran already receiving a property tax exemption can sell the property receiving the exemption and purchase property within the same city, town, or village and have the exemption transferred and prorated for the remainder of the fiscal year.

Section 458 is amended, replacing "city, town, or village" with "county, or in the case of a city having a population of one million or more persons, within the same city".

Section 2: Amends Section 458-a of the real property tax law, as added by chapter 166 of the laws of 2006, also replacing "city, town, or village" with "county, or in the case of a city having a population of one million or more persons, within the same city".

Section 3: Provides that this act shall take effect on the second of January next succeeding 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 and after such date.

Justification

This Legislature has supported and defended the rights of New York State's veterans. New York continues to thank and reward our servicemen and women for the personal sacrifices they have made while protecting our state and our nation. Our veterans have served in peacetime and during wartime, whenever they were needed.

Veterans living in New York State are currently entitled to a tax exemption on their primary home. Unfortunately though, this exemption is not transferable unless the veteran moves within the locality he or she currently resides. Like most other residents, many veterans may choose to, or need to, move into a new home at least once in their lives. Because of the unnecessarily specific nature of the current law, veterans moving out of one home and into another home will lose the modest tax exemptions they have earned if their new home is in a city, town or village different than that of the first, original home. This legislation would ensure that veterans are able to move anywhere within the same county, without losing the tax exemptions they have been promised, and deserve.

Legislative history

S.2652 of 2013/14: Passed the Senate S.7701A of 2011/12: Referred to Veterans, Homeland Security and Military Affairs

Fiscal implications

None to the State.

Effective date

This act shall take effect on the second of January next succeeding 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 and after such date.