What's happening
This bill allows eligible senior citizens who buy property after taxes are levied to apply for the enhanced STAR exemption within 30 days of purchase.
Why it matters
Addresses a gap for new senior homeowners. This bill ensures that seniors who buy property after tax bills are set aren't penalized by missing out on the enhanced STAR exemption, which can significantly lower their school tax burden.
Creates a fair and timely process. By allowing a 30-day application window after purchase, and requiring assessors and review boards to act quickly, the bill provides a clear and fair path to receive the tax exemption.
Enhances transparency and appeal rights. The process includes written notifications and a formal opportunity for applicants to challenge exemption decisions, ensuring that eligible seniors have recourse if they feel their application was unfairly denied.
May encourage property turnover among seniors. Knowing they won’t lose out on valuable tax relief could encourage more seniors to buy and sell homes, potentially benefiting the real estate market and aiding seniors in moving to more suitable housing.
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Who cares
Headline styles
Senior Homebuyers Get Tax Break
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to aging
- Referred to aging
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Senior Property Tax Relief
In Assembly Committee · Real Property Taxation · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3228 A. 2681
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 20, 2017
IN SENATE -- Introduced by Sens. LAVALLE, GOLDEN, LARKIN, RITCHIE, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Aging
IN ASSEMBLY -- Introduced by M. of A. THIELE, BRINDISI, SKOUFIS, SANTA- BARBARA -- read once and referred to the Committee on Real Property Taxation
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 425 of the real property tax law is amended by adding a new paragraph (f) to read as follows:
(f) Notwithstanding the provisions of paragraph (a) of this subdivision, where a person who meets the requirements for an enhanced exemption for property owned by senior citizens pursuant to this section purchases property after the levy of taxes, such person may file an application for exemption with the assessor within thirty days of the transfer of title to such person. The assessor shall make a determination of whether or not the parcel would have qualified for exempt status on the tax roll on which the taxes were levied had title to the parcel been in the name of the applicant on the taxable status date applicable to the tax roll. The application shall be on a form prescribed by the commissioner. The assessor, no later than thirty days after receipt of such application, shall notify both the applicant and the board of assessment review, by first class mail, of the exempt amount, if any, and the right of the owner to a review of the exempt amount upon the filing of a written complaint. Such complaint shall be on a form prescribed by the commissioner and shall be filed with the board of assessment review within twenty days of the mailing of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04083-01-7
S. 3228 2 A. 2681
notice. If no complaint is received, the board of assessment review shall so notify the assessor, and the exempt amount determined by the assessor shall be final. If the applicant files a complaint, the board of assessment review shall schedule a time and place for a hearing with respect thereto no later than thirty days after the mailing of the notice by the assessor. The board of assessment review shall meet and determine the exempt amount and shall immediately notify the assessor and the applicant, by first class mail, of its determination. The amount of exemption determined pursuant to this paragraph shall be subject to review as provided in article seven of this chapter. Such a proceeding shall be commenced within thirty days of the mailing of the notice of the board of assessment review to the new owner as provided in this paragraph.
§ 2. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 (f).
§ 2- Effective 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
2015-16 S.4152/A.5635; 2013-14 S.3310/A.4119; 2011-12 S.1942; 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.