STATE OF NEW YORK ________________________________________________________________________ 2068--A Cal. No. 265 2025-2026 Regular Sessions IN SENATE January 15, 2025 ___________ Introduced by Sens. SCARCELLA-SPANTON, ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Veter- ans, Homeland Security and Military Affairs -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the real property tax law, in relation to a real proper- ty tax exemption for property owned by certain persons performing active duty in a combat zone The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property tax law is amended by adding a new 2 section 458-d to read as follows: 3 § 458-d. Active service exemption. 1. For the purposes of this 4 section: 5 (a) "active military service member" shall mean an individual serving 6 on active duty. 7 (b) "active duty" shall have the same meaning as such term is used in 8 section 101 of title 10 of the United States code. 9 (c) "armed forces" shall mean the army, navy, marine corps, air force, 10 space force, coast guard, or army or air national guard of the United 11 States, or New York naval militia. 12 (d) "combat zone" shall mean areas designated by an executive order 13 from the President of the United States in which the United States armed 14 forces are engaging or have engaged in combat. 15 (e) "military duty station" shall mean the permanent location to which 16 an active military service member is assigned for duty as specified on 17 the individual's permanent change of status orders. 18 (f) "qualified owner" means an active military service member whose 19 military duty station places such active military service member's resi- 20 dence within the boundaries of New York state. 21 (g) "qualified residential real property" means property owned by a 22 qualified owner which is used exclusively for residential purposes; 23 provided, however, that in the event that any portion of such property EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05775-04-5S. 2068--A 2 1 is not used exclusively for residential purposes, but is used for other 2 purposes, such portion shall be subject to taxation and only the remain- 3 ing portion used exclusively for residential purposes shall be subject 4 to the exemption provided by this section. 5 (h) "latest state equalization rate" means the latest final equaliza- 6 tion rate established by the state board pursuant to article twelve of 7 this chapter. 8 (i) "latest class ratio" means the latest final class ratio estab- 9 lished by the state board pursuant to title one of article twelve of 10 this chapter for use in a special assessing unit as defined in section 11 eighteen hundred one of this chapter. 12 2. The governing body of any county, city, town or village may adopt a 13 local law or resolution to provide an active military service member, 14 who at any time during the taxable year performed active duty in the 15 armed forces in a combat zone as documented by a copy of such active 16 military service member's military orders or certified letter from such 17 active military service member's commanding officer, an exemption from 18 taxation on qualifying residential real property up to twenty-five 19 percent of the assessed value of such property, provided, that such 20 exemption shall not exceed twenty thousand dollars or the product of 21 twenty thousand dollars multiplied by the latest state equalization rate 22 for the assessing unit, or in the case of a special assessing unit, the 23 class ratio, whichever is less. Such local law or resolution shall 24 establish a maximum exemption percentage or maximum exempt dollar amount 25 not to exceed the levels outlined in this subdivision. 26 3. The exemption from taxation provided by this section shall be 27 applicable to any county, city, town, or village, but shall not be 28 applicable to taxes levied for school purposes. If an active military 29 service member is currently receiving an exemption under section four 30 hundred fifty-eight, four hundred fifty-eight-a or four hundred fifty- 31 eight-b of this title in any given taxable year, the active duty service 32 member shall not be eligible to receive the exemption under this section 33 during the same taxable year. 34 4. Application for exemption shall be made by the owner, or all of the 35 owners, of the property on a form prescribed by the state board. The 36 owner or owners shall file the completed form in the assessor's office 37 on or before the first appropriate taxable status date. The owner or 38 owners of the property shall be required to refile each year. Appli- 39 cants shall refile on or before the appropriate taxable status date. Any 40 applicant convicted of willfully making any false statement in the 41 application for such exemption shall be subject to the penalties 42 prescribed in the penal law. 43 5. In a city having a population of one million or more, applications 44 for the exemption authorized pursuant to this section shall be consid- 45 ered timely filed if they are on or before the fifteenth day of March of 46 the appropriate year. 47 6. A local law or resolution adopted pursuant to this section may be 48 repealed by the governing body of the applicable county, city, town, or 49 village. Such repeal shall occur at least ninety days prior to the taxa- 50 ble status date of such county, city, town, or village. 51 § 2. This act shall take effect on the second day of January next 52 succeeding the date on which it shall have become a law and shall apply 53 to real property having a taxable status date on or after such effective 54 date.