STATE OF NEW YORK ________________________________________________________________________ 3864 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Real Property Taxation AN ACT to amend the real property tax law, in relation to a property tax exemption for active duty service members of the armed forces of the United States The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading of section 458-a of the real property 2 tax law, as added by chapter 525 of the laws of 1984, is amended to read 3 as follows: 4 Veterans; active military; alternative exemption. 5 § 2. Paragraphs (c) and (d) of subdivision 1 of section 458-a of the 6 real property tax law, paragraph (c) as amended by chapter 100 of the 7 laws of 1988, paragraph (d) as amended by chapter 899 of the laws of 8 1985, are amended and a new paragraph (h) is added to read as follows: 9 (c) "Qualified owner" means a veteran, the spouse of a veteran [or], 10 the unremarried surviving spouse of a veteran or an active duty service 11 member of the armed forces of the United States. Where property is 12 owned by more than one qualified owner, the exemption to which each is 13 entitled may be combined. Where a veteran is also the unremarried 14 surviving spouse of a veteran, such person may also receive any 15 exemption to which the deceased spouse was entitled. 16 (d) "Qualifying residential real property" means property owned by a 17 qualified owner which is used exclusively for residential purposes; 18 provided however, that in the event any portion of such property is not 19 so used exclusively for residential purposes but is used for other 20 purposes, such portion shall be subject to taxation and the remaining 21 portion only shall be entitled to the exemption provided by this 22 section. Such property must be the primary residence of the veteran or 23 unremarried surviving spouse of the veteran or active duty service 24 member, unless the veteran or unremarried surviving spouse or active EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07810-01-5
A. 3864 2 1 duty service member is absent from the property due to medical reasons 2 or institutionalization. In the event the veteran or active duty service 3 member dies and there is no unremarried surviving spouse, "qualifying 4 residential real property" shall mean the primary residence owned by a 5 qualified owner prior to death, provided that the title to the property 6 becomes vested in the dependent [father or mother] parent or dependent 7 child or children under twenty-one years of age of a veteran or active 8 duty service member by virtue of devise by or descent from the deceased 9 qualified owner, provided that the property is the primary residence of 10 one or all of the devisees. 11 (h) "Active duty service member" shall mean an individual performing 12 active miliary service in the armed forces of the United States as set 13 forth in subdivision eight of section one of the military law. 14 § 3. Paragraph (b) of subdivision 2 of section 458-a of the real prop- 15 erty tax law, as amended by chapter 473 of the laws of 2004, is amended 16 to read as follows: 17 (b) In addition to the exemption provided by paragraph (a) of this 18 subdivision, where the veteran or active duty service member served in a 19 combat theatre or combat zone of operations, as documented by the award 20 of a United States campaign ribbon or service medal, or the armed forces 21 expeditionary medal, navy expeditionary medal, marine corps expedition- 22 ary medal, or global war on terrorism expeditionary medal, qualifying 23 residential real property also shall be exempt from taxation to the 24 extent of ten percent of the assessed value of such property; provided, 25 however, that such exemption shall not exceed eight thousand dollars or 26 the product of eight thousand dollars multiplied by the latest state 27 equalization rate for the assessing unit, or in the case of a special 28 assessing unit, the class ratio, whichever is less. 29 § 4. Subdivisions 8 and 9 of section 458-a of the real property tax 30 law, subdivision 8 as amended by chapter 538 of the laws of 2015, subdi- 31 vision 9 as amended by section 83 of part PP of chapter 56 of the laws 32 of 2022, are amended to read as follows: 33 8. Notwithstanding the provisions of paragraph (c) of subdivision one 34 of this section and subdivision three of this section, the governing 35 body of any municipality may, after public hearing, adopt a local law, 36 ordinance or resolution providing that where a veteran, the spouse of 37 the veteran [or], unremarried surviving spouse or active duty service 38 member already receiving an exemption pursuant to this section sells the 39 property receiving the exemption and purchases property within the same 40 county, or in the case of a city having a population of one million or 41 more persons, within the same city, the assessor shall transfer and 42 prorate, for the remainder of the fiscal year, the exemption received. 43 The prorated exemption shall be based upon the date the veteran, the 44 spouse of the veteran [or], unremarried surviving spouse or active duty 45 service member obtains title to the new property and shall be calculated 46 by multiplying the tax rate or rates for each municipal corporation 47 which levied taxes, or for which taxes were levied, on the appropriate 48 tax roll used for the fiscal year or years during which the transfer 49 occurred times the previously granted exempt amount times the fraction 50 of each fiscal year or years remaining subsequent to the transfer of 51 title. Nothing in this section shall be construed to remove the require- 52 ment that any such veteran, the spouse of the veteran [or], unremarried 53 surviving spouse or active duty service member transferring an exemption 54 pursuant to this subdivision shall reapply for the exemption authorized 55 pursuant to this section on or before the following taxable status date, 56 in the event such veteran, the spouse of the veteran [or], unremarried
A. 3864 3 1 surviving spouse or active duty service member wishes to receive the 2 exemption in future fiscal years. 3 9. The commissioner shall develop in consultation with the commission- 4 er of the New York state department of veterans' services, and the 5 United States department of defense, a listing of documents to be used 6 to establish eligibility under this section, including but not limited 7 to, military service records or a certificate of release or discharge 8 from active duty also known as a DD-214 form or an Honorable Service 9 Certificate/Report of Casualty from the department of defense. Such 10 information shall be made available to each county, city, town or 11 village assessor's office, or congressional chartered veterans service 12 officers who request such information. The listing of acceptable mili- 13 tary records shall be made available on the internet websites of the 14 department of veterans' services and the office of real property tax 15 services. 16 § 5. This act shall take effect immediately.