Home/Bills/S 8638New York · 2025–2026 Legislative Session
Senate BillIntroduced

S 8638: Expands the real property tax exemption for persons with disabilities to property owners who are a parent or parents of an individual with a disability and such individual lives at such property.

New York · Senate · 2025–2026 Legislative Session · last verified January 12, 2026

What S 8638 does, verified January 12, 2026

The proposed legislation aims to expand the real property tax exemption for individuals with disabilities. This exemption is currently available for certain family members, such as spouses, siblings, or a person with a disability who has their primary residence in a special needs trust. The new provision would also grant the exemption to a parent or parents of an individual with a disability who lives at the property, as long as the individual's disability requires regular significant spending of a parent's income to care for them. The exemption would be available for real property owned by individuals with disabilities or their family members, and would exempt 50% of the assessed valuation of the property from taxation. The exemption would be granted by a local law or resolution, subject to a public hearing. The legislation would take effect immediately.

Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO LOCAL GOVERNMENT (2026-01-07)Alert me
Quick answers about S 8638
What is the current status of S 8638?
As of January 12, 2026, S 8638 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO LOCAL GOVERNMENT".
Did S 8638 pass?
Not yet. S 8638 has been introduced and has not passed either house.
Who wrote S 8638, and where is it now?
S 8638 was authored by Sen. Monica Martinez. Its committee of record is Senate Local Government.
Recent actions1 total · showing 1
Jan. 07, 2026REFERRED TO LOCAL GOVERNMENT
Latest bill textIntroduced version, January 7, 2026 · 487 words
  
  STATE OF NEW YORK ________________________________________________________________________ 8638  IN SENATE January 7, 2026 ___________ Introduced by Sen. MARTINEZ -- 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 expanding the real property tax exemption for persons with disabilities to property owners who are a parent or parents of an individual with a disability The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 459-c of the real 2 property tax law, as amended by chapter 209 of the laws of 2024, is 3 amended to read as follows: 4 (a) Real property owned by one or more persons with disabilities, or 5 real property owned by a married person or a married couple, or by 6 siblings, at least one of whom has a disability, or a person with a 7 disability who has their primary residence in a special needs trust, or 8 a property owner who has a tenant with a disability whose lease provides 9 them with a life interest in the property as long as the tenant remains 10 in residence, or real property owned by one or more persons, some of 11 whom qualify under this section and the others of whom qualify under 12 section four hundred sixty-seven of this title, and whose income, as 13 hereafter defined, is limited by reason of such disability, shall be 14 exempt from payments in lieu of taxes (PILOT) to the battery city park 15 authority or from taxation by any municipal corporation in which located 16 to the extent of fifty per centum of the assessed valuation thereof as 17 hereinafter provided. After a public hearing, the governing board of a 18 county, city, town or village may adopt a local law and a school 19 district, other than a school district subject to article fifty-two of 20 the education law, may adopt a resolution to grant the exemption author- 21 ized pursuant to this section. After a public hearing, the governing 22 board of a county, city, town or village may adopt a local law and a 23 school district, other than a school district subject to article fifty- 24 two of the education law, may adopt a resolution to grant an exemption 25 to real property owned by a parent or parents of an individual with a 26 disability who lives at such property when such individual's disability 27 requires regular significant spending of a parent or parents' income to 28 care for such individual, in accordance with this section. 29 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06682-01-5 
Text of S 8638 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions
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