New York A 5776: Establishes an exemption for reservists

Bill Text

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A05776 Summary:

BILL NOA05776 

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SAME ASNo Same As

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SPONSORGiglio

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COSPNSR

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MLTSPNSR

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Add §458-d, RPT L

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Establishes an exemption for members of the federal reserve force of the United States military, whether or not such member was ordered to active duty.

Go to top A05776 Actions:

BILL NOA05776 

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02/20/2025referred to real property taxation

01/07/2026referred to real property taxation

Go to topA05776 Committee&nbspVotes:

Go to topA05776 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05776 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5776

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
 on Real Property Taxation

 AN ACT to amend the real property tax law, in relation to establishing
 an exemption for reservists

 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. Reservist exemption. 1. The following terms whenever used or
 4 referred to in this section shall have the following meanings unless a
 5 different meaning clearly appears in the context:
 6 (a) "Reservist" means any member, whether or not such member was
 7 ordered to active duty, of the federal reserve force of the United
 8 States military.
 9 (b) "Period of war" means the Spanish-American war; the Mexican border
 10 period; World War I; World War II; the hostilities, known as the Korean
 11 war, which commenced June twenty-seventh, nineteen hundred fifty and
 12 terminated on January thirty-first, nineteen hundred fifty-five; the
 13 hostilities, known as the Vietnam war, which commenced February twenty-
 14 eighth, nineteen hundred sixty-one and terminated on May seventh, nine-
 15 teen hundred seventy-five; and the hostilities, known as the Persian
 16 Gulf conflict, which commenced August second, nineteen hundred ninety.
 17 (c) "Service connected" means, with respect to disability or death,
 18 that such disability was incurred or aggravated, or that the death
 19 resulted from a disability incurred or aggravated, in line of duty in
 20 the active military, naval or air service.
 21 (d) "Qualified owner" means a reservist, the spouse of a reservist or
 22 the unremarried surviving spouse of a reservist. Where property is owned
 23 by more than one qualified owner, the exemption to which each is enti-
 24 tled may be combined. Where a reservist is also the unremarried surviv-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02333-01-5

 A. 5776 2

 1 ing spouse of a reservist or veteran, such person may also receive any
 2 exemption to which the deceased spouse was entitled.
 3 (e) "Qualifying residential real property" means property owned by a
 4 qualified owner which is used exclusively for residential purposes;
 5 provided however, that in the event any portion of such property is not
 6 so used exclusively for residential purposes but is used for other
 7 purposes, such portion shall be subject to taxation and the remaining
 8 portion only shall be entitled to the exemption provided by this
 9 section. Such property must be the primary residence of the reservist or
 10 unremarried surviving spouse of the reservist, unless the reservist or
 11 unremarried surviving spouse is absent from the property due to medical
 12 reasons or institutionalization. In the event the reservist dies and
 13 there is no unremarried surviving spouse, "qualifying residential real
 14 property" shall mean the primary residence owned by a qualified owner
 15 prior to death, provided that the title to the property becomes vested
 16 in the dependent parent or dependent child or children under twenty-one
 17 years of age of a reservist by virtue of devise by or descent from the
 18 deceased qualified owner, provided that the property is the primary
 19 residence of one or all of the devisees.
 20 (f) "Latest state equalization rate" means the latest final state
 21 equalization rate or special equalization rate established by the
 22 comm