Columnist Andrew Leahey says other states should use New Jersey’s bill to preserve property tax relief as a model, but they should aim for more targeted benefits.
A New Jersey bill that would allow seniors to keep property tax relief when they downsize balances necessary tax breaks with housing crunch solutions. States with similar programs and housing supply challenges should also consider this model, with some tweaks.
New Jersey’s housing market, like many across the country, is experiencing a shortage of available homes, particularly for younger buyers looking for space to grow. The state simultaneously provides property tax freezes for seniors. This is politically expedient but often inefficient, and it may discourage older homeowners from downsizing.
The bill, S1756, offers a smart solution to this dilemma. By allowing seniors to keep their eligibility for a property tax reimbursement program when they move to a smaller home, the bill removes a major financial barrier to downsizing.
Under New Jersey’s current program, a senior’s property taxes are locked in at a base-year amount—with the state reimbursing them for any future increases. If they decide to sell their home and move, they will lose this frozen tax benefit and will need to restart the process with a new base year. This may be enough to discourage a senior from moving, as an ill-timed property tax hike could leave them with a significantly higher property tax bill than they initially signed on for.
S1756 removes this penalty for moving. A senior who moves to a new home would remain in the program, and their base year would be set as the previous year’s tax bill on that new home—with the state reimbursing them for any increases. This means seniors wouldn’t have to worry about unexpectedly high property taxes without a corresponding reimbursement—they’d know for certain their base-year amount for their new home before closing.
Senior relief programs can improperly impact housing for individual decisions when they aren’t carefully targeted. By locking in tax benefits to a specific property, many tax relief programs peg financial incentives to staying put rather than adapting to changing housing needs.
Without provisions for portability, seniors who might otherwise downsize may fear a financial penalty for moving, forcing them to choose between staying in a home that no longer meets their needs or taking on potentially unpredictable tax costs. Over time, this reduces housing mobility, limits available housing inventory, and puts additional pressure on already tight housing markets.
When declining turnover in the housing market affects exactly the larger, family-friendly homes younger buyers want, the issue gets worse. Any policy that further restricts supply only exacerbates affordability issues.
The New Jersey bill provides tax relief without unnecessary tax expenditures. Seniors wouldn’t be penalized for moving, but they also wouldn’t be given a permanent, transferable discount that further distorts the housing market. This would help free up much-needed housing stock for younger families without removing a financial benefit many seniors rely on. It also would do so without unduly burdening the state budget.
The policy is a good model for how other states can balance tax relief for older residents on fixed incomes with the broader need for a more flexible and accessible housing market. But although it’s a step in the right direction, it’s not perfect.
The bill’s overall income cap of $500,000 for senior property tax benefits should be lowered to better target the program toward seniors who need tax relief, rather than all seniors. If senior tax relief is supposed to help those on fixed or limited incomes, this isn’t a threshold other states should copy.
Lowering the income cap to 500% of the federal poverty level—about $105,000 per year for a two-person household—or implementing income phaseouts beyond that point would ensure tax benefits go to those who need financial relief rather than an entire demographic.
Another way states could improve on New Jersey’s approach is to include a cap on home values for eligibility. Seniors with multimillion-dollar homes and significant wealth, but low taxable income, could qualify for tax breaks meant to assist those who struggle with housing costs.
Instead of disqualifying expensive homes entirely, states could apply tax relief only to the portion of a home’s value up to 150% of the state’s median home price. For example, if the median home is priced at $400,000, tax relief would apply to the first $600,000 of a home’s value. Any taxes on value above that would remain fully payable. This approach would prevent subsidies from disproportionately benefiting high-net-worth homeowners, while still offering relief to those who need it.
New Jersey’s proposed policy tweak helps correct a major flaw in the state’s senior tax relief system. It doesn’t attempt to overhaul the program or eliminate benefits for older homeowners, but it ensures the tax policy doesn’t create market distortions by standing in the way of logical financial decisions. By allowing seniors to move without fear of losing their relief eligibility, and giving them certainty in their future tax savings, the bill removes an unnecessary obstacle to downsizing without incurring significant tax expenditures.
As always, there is still room for reform—a more nuanced approach to senior property tax relief would provide more targeted benefits. Freezing taxes for an entire demographic regardless of financial need isn’t fiscally responsible. States that seek to follow in New Jersey’s policy footsteps should refine their relief programs to target seniors who truly need it rather than create broad-based entitlements.
Andrew Leahey is a tax and technology attorney, principal at Hunter Creek Consulting, and practice professor at Drexel Kline School of Law. Follow him on Mastodon at @andrew@esq.social
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