In the state of New York is/wamy landlord required to tell me about the star program?

[Shebarb]

New York. I am a tenant in a mobile home park and have owned my home for almost 10 years. My landlord never told me about the star program. I never registered or applied for the star program at my local assessor's office back when you had to. I know the system has changed now where you have to apply through the state and you receive the credit in the form of a check. I lost out on many years because I was never told about it. Was my landlord required by law to tell me about the star program?

 

[PayrollHRGuy]

Why would you landlord have any responsibility to advise you on tax matters?

 

[xylene]

They run ads on TV and in the newspaper for STAR.

Your claim to not know is baseless.

 

[PayrollHRGuy]

There is no law that says she has to watch TV or read the newspaper.

There is also no law that LLs have to give tax advice.

 

[xylene]

There is no law that says she has to watch TV or read the newspaper.

True enough, but I'm quite sure that by design the major annual STAR advertisement campaigns actually rise to, and well above and then beyond, any public notice requirements in New York.

 

[Shebarb]

There is no law that says she has to watch TV or read the newspaper.

There is also no law that LLs have to give tax advice.

Thank you for the reply. My landlord has been receiving the Star credit on his school tax bill for many years, but has not credited anyone's rent. It's a small park with just 8 units. My local assessor's office sent me a copy of one of his school tax bills because the state asked for it. I did receive a credit in the form of a check very recently. I applied for because someone in another park told me about. This person is not a lawyer, but told me by law he should have told me about it all these years. I wanted to ask a professional here if they knew this to be true or not. Maybe it's a civil matter between me and my landlord. Maybe not.

 

[adjusterjack]

Thank you for the reply. My landlord has been receiving the Star credit on his school tax bill for many years, but has not credited anyone's rent. It's a small park with just 8 units. My local assessor's office sent me a copy of one of his school tax bills because the state asked for it. I did receive a credit in the form of a check very recently. I applied for because someone in another park told me about. This person is not a lawyer, but told me by law he should have told me about it all these years. I wanted to ask a professional here if they knew this to be true or not. Maybe it's a civil matter between me and my landlord. Maybe not.

The NY State Department of Taxation and Finance has a lot of questions and answers about STAR on its website:

https://www.tax.ny.gov/pit/property/star/assessorguide.htm

A quick look didn't answer your question. Check for yourself and, if an answer doesn't present itself, call up the agency and ask.

 

[PayrollHRGuy]

He should only be able to get the credit on the land that he owns and lives on. He shouldn't be getting any credit for any land that you rent from him.

 

[Shebarb]

The NY State Department of Taxation and Finance has a lot of questions and answers about STAR on its website:

https://www.tax.ny.gov/pit/property/star/assessorguide.htm

A quick look didn't answer your question. Check for yourself and, if an answer doesn't present itself, call up the agency and ask.

The agency does not know the answer. Someone from DHCS sent me a complaint form which I don't want to fill out. The landlord could be heavily fined. I'm waiting for someone from DHCS to return my call. Thanks very much for the info. I had already checked, but also don't see an answer to my question. Thank you again

 

[Shebarb]

He should only be able to get the credit on the land that he owns and lives on. He shouldn't be getting any credit for any land that you rent from him.

I appreciate your reply very much and your expertise. He owns a home in another town and gets the credit on that home. He does not live in the park. You answered my next question already. He actually does receive and has been getting close to a couple thousand dollars credit every year on his school tax bill for the mobile home park. The receiver of taxes in my town told me this and they also sent me a copy of one of those years. I don't know if they should have done that, but I'm grateful they did. I didn't mean for all of these problems to come up and I cannot say he did or is doing anything intentionally. I have not filled out a complaint form from DHCS because I don't want to hurt him. I could be mistaken, but it's possible the SOL is 3 years for them to take action with him. Please forgive me if I'm not being clear. This is what a rep from the state for STAR told me. I would think that if you owe for the last 10 years there'd be no SOL. I am not sure. I am sure though that he has been receiving the credit all these years and keeping it. He really may not have realized it. I showed him a copy of the school tax bill and to try and talk with him first. I told him if I let the DHCS investigate it might not be good. I really don't want to do that. Thanks very much again! I appreciate your time. I do wish I was informed about the STAR. I don't think it's my fault or his, but not sure. At least from here forward I will be getting it.

 

[Zigner]

He should only be able to get the credit on the land that he owns and lives on. He shouldn't be getting any credit for any land that you rent from him.

That is false. The state of New York even has guidance on the matter: https://www.tax.ny.gov/pdf/publications/orpts/manuals/vol4/app_a_mfghous.pdf


Responsibilities of Owners of
Manufactured Housing Communities
Most people who receive the STAR exemption
will see the tax savings directly on their school
tax bills. However, for most people who own
manufactured homes that are located in
communities (also known as mobile home
parks), the tax savings will appear on the school
tax bill for the manufactured housing community.
The owner of the manufactured housing
community is responsible for crediting the tax
savings against the rent payable on the home
that has received the exemption.
The owner or operator of a manufactured
housing community may credit the tax savings
against the monthly rent in 12 installments,
beginning with the first monthly rental payment
due 60 days after the penalty-free period for the
payment of taxes and continuing for 11 months.
Alternatively, the community owner (or operator
or agent) may either: (1) credit the total
reduction against the first month’s rent, with any
balance credited against the following month(s)’
rent(s) until exhausted, or (2) pay the total
reduction to the manufactured home owner
within 60 days of the interest-free collection
period.
Failure of an owner or operator of a
manufactured housing community to comply
shall be a violation punishable by a fine not to
exceed $500 per violation.

 

[PayrollHRGuy]

You dug deeper than I did Zinger. I stopped at a point where it talked about landlords that live on the property.

 

[Shebarb]

You dug deeper than I did Zinger. I stopped at a point where it talked about landlords that live on the property.

That ok. I read all of that recently. I still wonder though if he is allowed to keep that $2000 if no one in the park has ever applied for STAR. This of course was before the whole system was changed. Let me try another way. Let's say in the past, before the system changed, I had applied through my local assessor's office. Is it possible my landlord would have received a credit on his tax bill of $2500 instead of $2000? Meaning that extra $500 would be what he would need to pay me the credit or however he chooses. The $500 is not an exact amount of course. Just using as an example. And it's quite alright if you or anyone else is not sure of the answer. I appreciate your time.- My rent does indeed go towards school taxes.

 

[Shebarb]

That is false. The state of New York even has guidance on the matter: https://www.tax.ny.gov/pdf/publications/orpts/manuals/vol4/app_a_mfghous.pdf


Responsibilities of Owners of
Manufactured Housing Communities
Most people who receive the STAR exemption
will see the tax savings directly on their school
tax bills. However, for most people who own
manufactured homes that are located in
communities (also known as mobile home
parks), the tax savings will appear on the school
tax bill for the manufactured housing community.
The owner of the manufactured housing
community is responsible for crediting the tax
savings against the rent payable on the home
that has received the exemption.
The owner or operator of a manufactured
housing community may credit the tax savings
against the monthly rent in 12 installments,
beginning with the first monthly rental payment
due 60 days after the penalty-free period for the
payment of taxes and continuing for 11 months.
Alternatively, the community owner (or operator
or agent) may either: (1) credit the total
reduction against the first month’s rent, with any
balance credited against the following month(s)’
rent(s) until exhausted, or (2) pay the total
reduction to the manufactured home owner
within 60 days of the interest-free collection
period.
Failure of an owner or operator of a
manufactured housing community to comply
shall be a violation punishable by a fine not to
exceed $500 per violation.

Thank you for the reply. It is much appreciated.

 

[Zigner]

That ok. I read all of that recently. I still wonder though if he is allowed to keep that $2000 if no one in the park has ever applied for STAR. This of course was before the whole system was changed. Let me try another way. Let's say in the past, before the system changed, I had applied through my local assessor's office. Is it possible my landlord would have received a credit on his tax bill of $2500 instead of $2000? Meaning that extra $500 would be what he would need to pay me the credit or however he chooses. The $500 is not an exact amount of course. Just using as an example. And it's quite alright if you or anyone else is not sure of the answer. I appreciate your time.- My rent does indeed go towards school taxes.

You don't have to apply for it at all. The owner of the park is supposed to distribute any credits. Read through the information on the PDF link I posted and contact that agency with any further questions.