S5052-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• May 16, 2012: ADVANCED TO THIRD READING
• May 15, 2012: 2ND REPORT CAL.
• May 14, 2012: 1ST REPORT CAL.749
• Jan 25, 2012: COMMITTEE DISCHARGED AND COMMITTED TO AGING
• Jan 11, 2012: PRINT NUMBER 5052A
• Jan 11, 2012: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• May 3, 2011: REFERRED TO LOCAL GOVERNMENT

S5052-2011 Votes

S5052-2011 Memo

BILL NUMBER:S5052

TITLE OF BILL:  An act to amend the real property tax law, in relation
to establishing a capped real property school tax rate for persons
sixty-seven years of age or older whose combined annual income is fifty
thousand dollars or less

PURPOSE:  This legislation will establishes a capped property school tax
rate for persons sixty-seven years of age or older who have a combined
annual income of $50,000 or less.

SUMMARY OF PROVISIONS:  Section 1- The real property tax lawns amended
by adding a new section 431 to cap the real property school tax rate on
homeowners who are 67 years of age and over and whose combined annual
income is $50,000 or less.

Requirements are included to determine annual applications, taxable
status date and proof of age. Also provides every school district to
notify, or cause to be notified the provisions of this section. A sample
notice of form is offered to fulfill such requirement.

JUSTIFICATION:  Due to skyrocketing property and school taxes, seniors
are being forced out of their homes and out of New York State at an
alarming rate. Often, our seniors live on fixed incomes and a strict
budget. New York residents have fallen victim to rising taxes fueled by
over spending and waste.

This legislation seeks to remedy New York's property and school tax
crisis for seniors by establishing a capped property school tax rate for
those individuals sixty seven years or older and have a combined income
of 50,000 dollars or less a year. By establishing a capped real property
school tax rate it would be providing much needed financial relief to
our senior citizens.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect January 1, 2013 and shall
apply to assessment rolls prepared on the basis of taxable status dates
occurring on or after such date.

S5052-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5052
 2011-2012 Regular Sessions
 I N  SENATE
 May 3, 2011
 
 Introduced  by  Sen.  BALL  --  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 establishing a
 capped real property school tax rate for persons sixty-seven years  of
 age or older whose combined annual income is fifty thousand dollars or
 less
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 431 to read as follows:

 

S  431. PERSONS SIXTY-SEVEN YEARS OF AGE OR OVER; CAPPED REAL PROPERTY
 SCHOOL TAX RATE. 1. (A) RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED  BY
 ONE  OR  MORE  PERSONS, EACH OF WHOM IS SIXTY-SEVEN YEARS OF AGE OR OVER
 AND WHOSE COMBINED ANNUAL INCOME IS FIFTY THOUSAND DOLLARS OR  LESS,  OR
 RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND WIFE, ONE OF
 WHOM  IS  SIXTY-SEVEN  YEARS  OF  AGE  OR OVER AND WHOSE COMBINED ANNUAL
 INCOME IS FIFTY THOUSAND DOLLARS OR LESS,  SHALL  BE  ELIGIBLE  FOR  THE
 CAPPED REAL PROPERTY SCHOOL TAX RATE SET FORTH IN THIS SECTION.
 (B)  FOR  PURPOSES  OF  THIS  SECTION,  THE TERM "CAPPED REAL PROPERTY
 SCHOOL TAX RATE" SHALL MEAN THE LOWER OF:

 (I) THE REAL PROPERTY SCHOOL  TAX  RATE  ESTABLISHED  ON  THE  TAXABLE
 STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
 THE AGE OF SIXTY-SEVEN YEARS; OR
 (II)  THE  REAL  PROPERTY  SCHOOL  TAX RATE ESTABLISHED ON ANY TAXABLE
 STATUS DATE SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE  PERSON  ATTAINS
 THE  AGE  OF  SIXTY-SEVEN  YEARS,  WHICH IS LOWER THAN THE REAL PROPERTY
 SCHOOL TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA
 GRAPH.
 (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU
 ALLY  FOR  EACH  ELIGIBLE  PERSON  SIXTY-SEVEN  YEARS OF AGE OR OLDER IN
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09982-01-1
 
       S. 5052                             2
 ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS  SUBDI
 VISION.
 2.  ANY  PERSON  ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE
 SHALL APPLY ANNUALLY FOR SUCH CAPPED RATE.  SUCH  APPLICATION  SHALL  BE
 MADE  IN  A  MANNER  AND  FORM  DETERMINED BY THE COMMISSIONER AND SHALL
 REQUIRE PROOF OF THE APPLICANT'S AGE. SUCH APPLICATION  SHALL  BE  FILED
 WITH  THE  LOCAL  ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE FOR SUCH
 DISTRICT.
 3. EVERY SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE  NOTIFIED,  EACH
 PERSON  OWNING  RESIDENTIAL  REAL PROPERTY IN THE SCHOOL DISTRICT OF THE
 PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS  SUBDIVISION  MAY  BE
 MET  BY  A  NOTICE  SENT  TO SUCH PERSONS IN SUBSTANTIALLY THE FOLLOWING
 FORM: "RESIDENTIAL REAL PROPERTY OWNED BY PERSONS SIXTY-SEVEN  YEARS  OF
 AGE OR OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE.
 TO RECEIVE SUCH CAPPED RATE, ELIGIBLE OWNERS OF QUALIFYING PROPERTY MUST
 FILE  AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE APPLICA
 BLE TAXABLE STATUS DATE. FOR FURTHER INFORMATION,  PLEASE  CONTACT  YOUR
 LOCAL ASSESSOR."
 

S  2.  This  act  shall take effect January 1, 2013 and shall apply to
 assessment rolls prepared on the basis of taxable status dates occurring
 on or after such date.

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