Relates to tax abatement for rent-controlled and rent regulated property occupied by and real property owned by senior citizens or persons with disabilities.
STATE OF NEW YORK
________________________________________________________________________
2122
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. ROZIC, HEVESI -- read once and referred to the
Committee on Aging
AN ACT to amend the real property tax law, in relation to tax abatement
for rent-controlled and rent regulated property occupied by and real
property owned by senior citizens or persons with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs a and b of subdivision 3 of section 467-b of the
2 real property tax law, paragraph a as amended by section 1 of part U of
3 chapter 55 of the laws of 2014 and paragraph b as amended by chapter 129
4 of the laws of 2014, are amended to read as follows:
5 a. for a dwelling unit where the head of the household is a person
6 sixty-two years of age or older, no tax abatement shall be granted if
7 the combined income of all members of the household for the income tax
8 year immediately preceding the date of making application exceeds four
9 thousand dollars, or such other sum not more than twenty-five thousand
10 dollars beginning July first, two thousand five, twenty-six thousand
11 dollars beginning July first, two thousand six, twenty-seven thousand
12 dollars beginning July first, two thousand seven, twenty-eight thousand
13 dollars beginning July first, two thousand eight, twenty-nine thousand
14 dollars beginning July first, two thousand nine, and fifty thousand
15 dollars beginning July first, two thousand fourteen, and fifty-five
16 thousand dollars beginning July first, two thousand twenty-three, as may
17 be provided by the local law, ordinance or resolution adopted pursuant
18 to this section, provided that when the head of the household retires
19 before the commencement of such income tax year and the date of filing
20 the application, the income for such year may be adjusted by excluding
21 salary or earnings and projecting his or her retirement income over the
22 entire period of such year.
23 b. for a dwelling unit where the head of the household qualifies as a
24 person with a disability pursuant to subdivision five of this section,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04986-01-3
A. 2122 2
1 no tax abatement shall be granted if the combined income for all members
2 of the household for the current income tax year exceeds fifty thousand
3 dollars beginning July first, two thousand fourteen, and fifty-five
4 thousand dollars beginning July first, two thousand twenty-three, as may
5 be provided by the local law, ordinance or resolution adopted pursuant
6 to this section.
7 § 2. Paragraph (a) of subdivision 3 of section 467 of the real proper-
8 ty tax law, as separately amended by chapter 488 and section 1 of part B
9 of chapter 686 of the laws of 2022, is amended to read as follows:
10 (a) if the income of the owner or the combined income of the owners of
11 the property for the income tax year immediately preceding the date of
12 making application for exemption exceeds the sum of three thousand
13 dollars, or such other sum not less than three thousand dollars nor more
14 than twenty-six thousand dollars beginning July first, two thousand six,
15 twenty-seven thousand dollars beginning July first, two thousand seven,
16 twenty-eight thousand dollars beginning July first, two thousand eight,
17 twenty-nine thousand dollars beginning July first, two thousand nine,
18 fifty thousand dollars beginning July first, two thousand twenty-two,
19 fifty-five thousand dollars beginning July first, two thousand twenty-
20 three, and in a city with a population of one million or more fifty
21 thousand dollars beginning July first, two thousand seventeen, as may be
22 provided by the local law, ordinance or resolution adopted pursuant to
23 this section. Where the taxable status date is on or before April four-
24 teenth, income tax year shall mean the twelve-month period for which the
25 owner or owners filed a federal personal income tax return for the year
26 before the income tax year immediately preceding the date of application
27 and where the taxable status date is on or after April fifteenth, income
28 tax year shall mean the twelve-month period for which the owner or
29 owners filed a federal personal income tax return for the income tax
30 year immediately preceding the date of application. Where title is vest-
31 ed in either the husband or the wife, their combined income may not
32 exceed such sum, except where the husband or wife, or ex-husband or
33 ex-wife is absent from the property as provided in subparagraph (ii) of
34 paragraph (d) of this subdivision, then only the income of the spouse or
35 ex-spouse residing on the property shall be considered and may not
36 exceed such sum. Such income shall include social security and retire-
37 ment benefits, interest, dividends, total gain from the sale or exchange
38 of a capital asset which may be offset by a loss from the sale or
39 exchange of a capital asset in the same income tax year, net rental
40 income, salary or earnings, and net income from self-employment, but
41 shall not include a return of capital, gifts, inheritances, payments
42 made to individuals because of their status as victims of Nazi perse-
43 cution, as defined in P.L. 103-286 or monies earned through employment
44 in the federal foster grandparent program and any such income shall be
45 offset by all medical and prescription drug expenses actually paid which
46 were not reimbursed or paid for by insurance, if the governing board of
47 a municipality, after a public hearing, adopts a local law, ordinance or
48 resolution providing therefor. In addition, an exchange of an annuity
49 for an annuity contract, which resulted in non-taxable gain, as deter-
50 mined in section one thousand thirty-five of the internal revenue code,
51 shall be excluded from such income. Provided that such exclusion shall
52 be based on satisfactory proof that such an exchange was solely an
53 exchange of an annuity for an annuity contract that resulted in a non-
54 taxable transfer determined by such section of the internal revenue
55 code. Furthermore, such income shall not include the proceeds of a
56 reverse mortgage, as authorized by section six-h of the banking law, and
A. 2122 3
1 sections two hundred eighty and two hundred eighty-a of the real proper-
2 ty law; provided, however, that monies used to repay a reverse mortgage
3 may not be deducted from income, and provided additionally that any
4 interest or dividends realized from the investment of reverse mortgage
5 proceeds shall be considered income. The provisions of this paragraph
6 notwithstanding, such income shall not include veterans disability
7 compensation, as defined in Title 38 of the United States Code provided
8 the governing board of such municipality, after public hearing, adopts a
9 local law, ordinance or resolution providing therefor. In computing net
10 rental income and net income from self-employment no depreciation
11 deduction shall be allowed for the exhaustion, wear and tear of real or
12 personal property held for the production of income;
13 § 3. Paragraph (a) of subdivision 5 of section 459-c of the real prop-
14 erty tax law, as separately amended by chapter 488 and section 2 of part
15 B of chapter 686 of the laws of 2022, is amended to read as follows:
16 (a) if the income of the owner or the combined income of the owners of
17 the property for the income tax year immediately preceding the date of
18 making application for exemption exceeds the sum of three thousand
19 dollars, or such other sum not less than three thousand dollars nor more
20 than twenty-six thousand dollars beginning July first, two thousand six,
21 twenty-seven thousand dollars beginning July first, two thousand seven,
22 twenty-eight thousand dollars beginning July first, two thousand eight,
23 twenty-nine thousand dollars beginning July first, two thousand nine,
24 [and] fifty thousand dollars beginning July first, two thousand twenty-
25 two, and fifty-five thousand dollars beginning July first, two thousand
26 twenty-three, and in a city with a population of one million or more
27 fifty thousand dollars beginning July first, two thousand seventeen, as
28 may be provided by the local law or resolution adopted pursuant to this
29 section. Income tax year shall mean the twelve month period for which
30 the owner or owners filed a federal personal income tax return, or if no
31 such return is filed, the calendar year. Where title is vested in either
32 the husband or the wife, their combined income may not exceed such sum,
33 except where the husband or wife, or ex-husband or ex-wife is absent
34 from the property due to divorce, legal separation or abandonment, then
35 only the income of the spouse or ex-spouse residing on the property
36 shall be considered and may not exceed such sum. Such income shall
37 include social security and retirement benefits, interest, dividends,
38 total gain from the sale or exchange of a capital asset which may be
39 offset by a loss from the sale or exchange of a capital asset in the
40 same income tax year, net rental income, salary or earnings, and net
41 income from self-employment, but shall not include a return of capital,
42 gifts, inheritances or monies earned through employment in the federal
43 foster grandparent program and any such income shall be offset by all
44 medical and prescription drug expenses actually paid which were not
45 reimbursed or paid for by insurance, if the governing board of a munici-
46 pality, after a public hearing, adopts a local law or resolution provid-
47 ing therefor. In computing net rental income and net income from self-
48 employment no depreciation deduction shall be allowed for the
49 exhaustion, wear and tear of real or personal property held for the
50 production of income;
51 § 4. This act shall take effect immediately, provided that the amend-
52 ments to paragraphs a and b of subdivision 3 of section 467-b of the
53 real property tax law made by section one of this act shall not affect
54 the expiration of such paragraphs and shall be deemed to expire there-
55 with.