Bill S1094-2013

Prohibits rescinding certain real property tax exemptions on real property owned by siblings

Provides for a real property tax exemption on real property owned by siblings, one of whom is over 65, once granted, shall not be rescinded solely because of the death of the older sibling as long as the surviving sibling owner is at least 62.

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Actions

  • Jan 8, 2014: REFERRED TO AGING
  • Jan 9, 2013: REFERRED TO AGING

Memo

BILL NUMBER:S1094

TITLE OF BILL: An act to amend the real property tax law, in relation to not rescinding certain tax exemptions for real property owned by siblings

PURPOSE: To allow siblings who co-own property and are eligible for the enhanced School Tax Relief (STAR) Exemption and/or Senior Citizen Real Property Tax Exemption to continue to receive such exemption in the case of the death of one of the older sibling co-owners, so long as the surviving sibling is at least sixty-two years of age.

SUMMARY OF PROVISIONS: Amends sections 425(4)(a) (iii) and 467(1)(d) of the real property tax law to allow siblings who co-own property to continue to receive the exemptions provided under these sections in the event of the death of an older sibling co-owner, so long as the surviving sibling is at least sixty-two years of age.

JUSTIFICATION: Under existing law, a husband and wife who jointly own property and are eligible for the enhanced STAR Exemption and/or Senior Citizen Real Property Tax Exemption can continue to receive the exemption(s) in the event the older spouse dies and the surviving spouse is at least sixty-two years old. Although the law allows sibling co-owners of property to qualify for the enhanced STAR Exemption and Senior Citizen Real Property Tax Exemption as long as at least one of the siblings is age sixty-five or over and the income criteria is met, the existing law does not extend the benefit in regard to the death of an older spouse to a sibling. This is an inequitable situation. A surviving younger sibling co-owner should realize the same protection as a surviving spouse in the event of an older sibling. The death of a sibling is traumatic enough, without the added worry of additional financial strain and the prospect of not being able to maintain one's home due to property tax burdens. This bill seeks to address this unfair situation by extending the same protection to sibling co-owners as is provided to spouses.

LEGISLATIVE HISTORY: S.223/A.3848 of 2011/2012; Referred to Local Government S.1455/ A.1365 of 2009/2010; Referred to Senate Aging Committee S.515/A.819 of 2007/2009; Referred to Senate Aging Committee S.695 of 2005; Referred to Aging S.1317 of 2003/2004; Ordered to Third Reading in 2004 S.2116 of 2001/2002 S.7735 of 2000

FISCAL IMPLICATIONS: This legislation, if enacted, would have no fiscal impact since it would allow certain older Persons already receiving the exemptions provided under sections 425 and 467 of the real property tax law to continue to do so.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1094 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- 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 not rescinding certain tax exemptions for real property owned by siblings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (iii) of paragraph (a) of subdivision 4 of section 425 of the real property tax law, as added by section 4 of part A of chapter 405 of the laws of 1999, is amended to read as follows: (iii) In the case of property owned by husband and wife OR BY SIBLINGS, one of whom is sixty-five years of age or over, the exemption, once granted, shall not be rescinded solely because of the death of the older spouse OR SIBLING, so long as the surviving spouse OR SIBLING is at least sixty-two years of age as of the date specified in this para- graph. S 2. Paragraph (d) of subdivision 1 of section 467 of the real proper- ty tax law, as amended by chapter 440 of the laws of 1985, is amended to read as follows: (d) The real property tax exemption on real property owned by husband and wife OR BY SIBLINGS, one of whom is sixty-five years of age or over, once granted, shall not be rescinded by any municipal corporation solely because of the death of the older spouse OR SIBLING so long as the surviving spouse OR SIBLING is at least sixty-two years of age. S 3. This act shall take effect immediately.

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