Provides for the issuance by an assessor of a receipt for the submission of an application for the STAR exemption, upon request of the applicant; requires the applicant to provide a self-addressed, postpaid envelope when the request is made other than in person.
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan
BILL NUMBER: S3087
TITLE OF BILL : An act to amend the real property tax law, in relation to the issuance of a receipt for the filing of a STAR application
PURPOSE OR GENERAL IDEA OF BILL : To direct assessors to provide receipts upon request.
SUMMARY OF SPECIFIC PROVISIONS : This bill would direct the assessor to provide a receipt, upon request of the applicant, as proof of having received a STAR application. If the request is made in person, the assessor will write out a receipt. If the request is made by mail, the request must be accompanied by a self addressed stamped envelope in which the assessor will mail the receipt.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Real Property Tax Law § 425 paragraph (a) of subdivision 6.
JUSTIFICATION : Many cases have occurred in which an individual has not received the STAR exemption even though they claimed to have applied and have been approved for it. Since the assessor, in these cases, maintains that no application was ever submitted, the recently enacted legislation that requires that a notice of denial be sent to the homeowner does not address this situation. This bill would serve to help protect both applicants and assessors by providing a formal type of proof that an individual has in fact submitted an application.
PRIOR LEGISLATIVE HISTORY : 2001-02: A.2503 - Passed Assembly 2003-04: A.928 - Passed Assembly 2005-06: A.2689 - Passed Assembly 2007-08: A.291 - Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None to the state, minimal to localities.
EFFECTIVE DATE : Immediately upon enactment.
STATE OF NEW YORK ________________________________________________________________________ 3087 2009-2010 Regular Sessions IN SENATE March 10, 2009 ___________Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the real property tax law, in relation to the issuance of a receipt for the filing of a STAR application THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 6 of section 425 of the real property tax law, as added by section 1 of part B of chapter 389 of the laws of 1997, is amended to read as follows: (a) Generally. All owners of the property who primarily reside thereon must jointly file an application for exemption with the assessor on or before the appropriate taxable status date. Such application may be filed by mail if it is enclosed in a postpaid envelope properly addressed to the appropriate assessor, deposited in a post office or official depository under the exclusive care of the United States postal service, and postmarked by the United States postal service on or before the applicable taxable status date. Each such application shall be made on a form prescribed by the state board, which shall require the appli- cant or applicants to agree to notify the assessor if their primary residence changes while their property is receiving the exemption. The assessor may request that proof of residency be submitted with the application. IF THE APPLICANT REQUESTS A RECEIPT FROM THE ASSESSOR AS PROOF OF SUBMISSION OF THE APPLICATION, THE ASSESSOR SHALL PROVIDE SUCH RECEIPT. IF SUCH REQUEST IS MADE BY OTHER THAN PERSONAL REQUEST, THE APPLICANT SHALL PROVIDE THE ASSESSOR WITH A SELF-ADDRESSED POSTPAID ENVELOPE IN WHICH TO MAIL THE RECEIPT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04129-01-9