A04793 Summary:

BILL NO    A04793 

SAME AS    SAME AS S01930

SPONSOR    Titone (MS)

COSPNSR    Clark, Wright, Colton, Robinson, Rivera, Benedetto, Dinowitz, Perry,
           Rosenthal, Camara, DenDekker, Moya, Mosley

MLTSPNSR   Abbate, Aubry, Brennan, Brook-Krasny, Cahill, Cook, Cusick,
           Cymbrowitz, Farrell, Glick, Gunther, Heastie, Hooper, Jaffee,
           Kellner, Lavine, Miller, Millman, O'Donnell, Ortiz, Paulin, Schimel,
           Simanowitz, Titus, Weisenberg

Amd SS467-b & 467-c, RPT L

Excludes social security payments and supplemental security income from the
definition of "income" for the purposes of determining eligibility under the
senior citizen rent increase exemption (SCRIE).
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A04793 Actions:

BILL NO    A04793 

02/08/2013 referred to real property taxation
05/09/2013 reference changed to aging
01/08/2014 referred to aging
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A04793 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4793

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 8, 2013
                                      ___________

       Introduced  by M. of A. TITONE, CLARK, WRIGHT, COLTON, ROBINSON, RIVERA,
         BENEDETTO, DINOWITZ, PERRY, ROSENTHAL, CAMARA, GIBSON, DenDEKKER, MOYA
         -- Multi-Sponsored by -- M.  of A. ABBATE,  AUBRY,  BOYLAND,  BRENNAN,
         BROOK-KRASNY,  CAHILL,  COOK,  CYMBROWITZ,  FARRELL,  GLICK,  GUNTHER,
         HEASTIE, HOOPER, JAFFEE, KELLNER, LAVINE, V. LOPEZ,  MILLER,  MILLMAN,
         O'DONNELL,  ORTIZ,  PAULIN,  SCHIMEL, SIMANOWITZ, TITUS, WEISENBERG --
         read once and referred to the Committee on Real Property Taxation

       AN ACT to amend the real property tax law, in relation to the definition
         of income for purposes of the senior citizen rent increase  exemptions
         (SCRIE) program

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph c of subdivision 1 of section 467-b of  the  real
    2  property  tax  law,  as  amended  by chapter 500 of the laws of 2001, is
    3  amended to read as follows:
    4    c. "Income" means income from  all  sources  after  deduction  of  all
    5  income  and  social  security  taxes  and  includes  social security and
    6  retirement benefits, supplemental security income and  additional  state
    7  payments,  public  assistance  benefits, interest, dividends, net rental
    8  income, salary or earnings, and net  income  from  self-employment,  but
    9  shall  not  include  gifts or inheritances, payments made to individuals
   10  because of their status as victims of Nazi persecution,  as  defined  in
   11  P.L.  103-286,  or increases in benefits accorded pursuant to the social
   12  security act or a public or private pension paid to any  member  of  the
   13  household which increase, in any given year, does not exceed the consum-
   14  er  price  index  (all  items  United States city average) for such year
   15  which take effect after the date of eligibility of head of the household
   16  receiving benefits hereunder whether received by the head of the  house-
   17  hold  or any other member of the household; PROVIDED HOWEVER THAT INCOME
   18  SHALL NOT INCLUDE INCOME FROM SOCIAL SECURITY BENEFITS  OR  SUPPLEMENTAL
   19  SECURITY  INCOME  PAYMENTS IF THE GOVERNING BOARD OF THE MUNICIPALITY IN

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04368-01-3
       A. 4793                             2

    1  WHICH THE SENIOR CITIZEN RESIDES, AFTER PUBLIC HEARING, ADOPTS  A  LOCAL
    2  LAW,  ORDINANCE,  OR  RESOLUTION  ELECTING  TO  EXEMPT SUCH BENEFITS AND
    3  PAYMENTS;
    4    S 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
    5  ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
    6  read as follows:
    7    f.  "Income"  means income received by the eligible head of the house-
    8  hold combined with the income of all other members of the household from
    9  all sources after deduction of all income and social security taxes  and
   10  includes  without  limitation,  social security and retirement benefits,
   11  supplemental security  income  and  additional  state  payments,  public
   12  assistance  benefits, interest, dividends, net rental income, salary and
   13  earnings, and net income from self employment,  but  shall  not  include
   14  gifts  or  inheritances,  payments  made to individuals because of their
   15  status as victims of Nazi persecution as defined in  P.L.  103-286,  nor
   16  increases  in benefits accorded pursuant to the social security act or a
   17  public or private pension paid to any  member  of  the  household  which
   18  increase,  in  any  given year, does not exceed the consumer price index
   19  (all items United States city average) for such year which  take  effect
   20  after  the eligibility date of an eligible head of the household receiv-
   21  ing benefits hereunder whether received by  the  eligible  head  of  the
   22  household  or  any other member of the household. When the eligible head
   23  of the household has retired on or after the commencement of the taxable
   24  period and prior to the  date  of  making  an  application  for  a  rent
   25  increase  exemption  order/tax  abatement  certificate  pursuant to this
   26  section, such person's income shall be adjusted by excluding  salary  or
   27  earnings  and projecting such person's retirement income over the entire
   28  taxable period.  FOR PURPOSES OF DETERMINING  INCOME  PURSUANT  TO  THIS
   29  PARAGRAPH, INCOME SHALL NOT INCLUDE SOCIAL SECURITY BENEFITS AND SUPPLE-
   30  MENTAL  SECURITY  INCOME  PAYMENTS  IF  THE GOVERNING BOARD OF THE LOCAL
   31  MUNICIPALITY IN WHICH THE SENIOR CITIZEN RESIDES,  AFTER PUBLIC HEARING,
   32  ADOPTS A LOCAL LAW, ORDINANCE, OR RESOLUTION  ELECTING  TO  EXEMPT  SUCH
   33  BENEFITS AND PAYMENTS.
   34    S  3.  This act shall take effect immediately; provided, however, that
   35  the amendments to paragraph c of subdivision 1 of section 467-b  of  the
   36  real property tax law, made by section one of this act, shall not affect
   37  the expiration of such section and shall be deemed to expire therewith.
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