Bill S4679-2011

Authorizes municipal corporations to grant partial exemption on real property owned by persons totally and permanently disabled

Provides that the current real property tax exemption for persons over 65 may also be extended to those persons who are totally and permanently disabled; provides that municipalities shall provide by local law that such shall be granted to either those 65 years of age or older or to those who are totally and permanently disabled, or to both categories of persons.

Details

Actions

  • Jan 4, 2012: REFERRED TO AGING
  • Jun 24, 2011: COMMITTED TO RULES
  • May 25, 2011: ADVANCED TO THIRD READING
  • May 24, 2011: 2ND REPORT CAL.
  • May 23, 2011: 1ST REPORT CAL.793
  • Apr 14, 2011: REFERRED TO AGING

Votes

VOTE: COMMITTEE VOTE: - Aging - May 23, 2011
Ayes (11): Ball, Farley, Golden, LaValle, Robach, Zeldin, Valesky, Diaz, Addabbo, Avella, Stavisky
Excused (1): Kruger

Memo

BILL NUMBER:S4679

TITLE OF BILL:

An act to amend the real property tax law, in relation to granting partial exemption from real property taxation to persons who are totally and permanently disabled

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of §467 of the Real Property Tax Law as amended by chapter 506 of the laws of 1992. Those individuals who are totally and permanently disabled will be able to receive the same tax exemption. that persons over the age of sixty-five currently receive. They shall be exempt from taxation by any municipal corporation in which they are located to the extent of fifty per cent of the assessed valuation thereof, provided the governing board of such municipality, after public hearing, adopts a local law, ordinance or resolution.

JUSTIFICATION:

Under present law, a local municipality may grant tax exemptions to those persons who are 65 years of age or older. This is intended to provide some relief to that group of property owners to which such exemptions could be granted, namely, those who are "totally and permanently disabled." Members of this group also have had their earning power severely reduced, and find it difficult to meet the tax obligations that are concomitant with owning their own homes. Thus this bill would help alleviate some of the economic problems faced by these people.

FISCAL IMPLICATIONS:

None to the state.

PRIOR LEGISLATIVE HISTORY:

1995-96: Assembly Real Property Tax Cmte. 1997-98: Assembly Real Property Tax Cmte. 1999-00: Assembly Real Property Tax Cmte. 2001-02: Assembly Real Property Tax Cmte. 2003-04: Assembly Real Property Tax Cmte./Senate Aging Cmte. 2005-06: Assembly Real Property Tax Cmte./Senate 3rd Reading Calendar. 2007-08: Assembly Real Property Tax Cmte./Senate Aging Cmte. 2009: Aging Cmte. 2010: S.4179 Aging Cmte; Notice of Committee Consideration Requested, Reported and Committed to Finance.

EFFECTIVE DATE:

This act shall take effect on the first day of January after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4679 2011-2012 Regular Sessions IN SENATE April 14, 2011 ___________
Introduced by Sen. FLANAGAN -- 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 granting partial exemption from real property taxation to persons who are totally and permanently disabled THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 467 of the real property tax law, as amended by chapter 348 of the laws of 2007, is amended to read as follows: (a) Real property owned by one or more persons, each of whom is sixty-five years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five years of age or over OR TOTALLY AND PERMANENTLY DISABLED, or real property owned by one or more persons, some of whom qualify under this section and the others of whom qualify under section four hundred fifty-nine-c of this title, shall be exempt from taxation by any municipal corporation in which located to the extent of fifty per centum of the assessed valuation thereof, provided the governing board of such municipality, after public hearing, adopts a local law, ordinance or resolution providing [therefor] THAT SUCH EXEMPTION SHALL BE GRANTED TO EITHER THOSE SIXTY-FIVE YEARS OF AGE OR OVER, OR TO THOSE TOTALLY AND PERMANENTLY DISABLED, OR TO BOTH CATE- GORIES. For the purposes of this section, sibling shall mean a brother or a sister, whether related through half blood, whole blood or adoption. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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