S03153 Summary:

BILL NOS03153
 
SAME ASNo same as
 
SPONSORKRUEGER
 
COSPNSRADDABBO, AVELLA, HASSELL-THOMPSON, HOYLMAN, MONTGOMERY, PERKINS, SERRANO
 
MLTSPNSR
 
Amd SS467-b & 467-c, RPT L
 
Includes persons with disabilities (defined) within the definition of head of household for purposes of making them eligible for the senior citizens' tax abatement for rent-controlled and rent-regulated property.
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S03153 Actions:

BILL NOS03153
 
01/30/2013REFERRED TO AGING
01/08/2014REFERRED TO AGING
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S03153 Floor Votes:

There are no votes for this bill in this legislative session.
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S03153 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3153
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2013
                                       ___________
 
        Introduced  by  Sens.  KRUEGER, ADDABBO, MONTGOMERY, PERKINS, SERRANO --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Aging
 
        AN  ACT  to  amend the real property tax law, in relation to providing a
          rent increase exemption to 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,  as amended by section 1 of chapter 188 of the
     3  laws of 2005, paragraph a as separately amended by chapter  205  of  the
     4  laws of 2005, 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,  or  is  a  person  with  a  disability
     7  receiving  social  security  disability  insurance  (SSDI)  or currently
     8  receiving medical assistance benefits based on determination of disabil-
     9  ity as provided  in  section  three  hundred  sixty-six  of  the  social
    10  services  law  as  defined  in  subdivision five of this section, no tax

    11  abatement shall be granted if the combined income of all members of  the
    12  household  for  the  income  tax  year immediately preceding the date of
    13  making application exceeds four thousand dollars, or such other sum  not
    14  more  than  twenty-five thousand dollars beginning July first, two thou-
    15  sand five, twenty-six thousand dollars beginning July first,  two  thou-
    16  sand  six, twenty-seven thousand dollars beginning July first, two thou-
    17  sand seven, twenty-eight thousand  dollars  beginning  July  first,  two
    18  thousand  eight,  and twenty-nine thousand dollars beginning July first,
    19  two thousand nine, as may be provided by the  local  law,  ordinance  or
    20  resolution adopted pursuant to this section, provided that when the head
    21  of the household retires before the commencement of such income tax year
    22  and  the date of filing the application, the income for such year may be

    23  adjusted by excluding salary or  earnings  and  projecting  his  or  her
    24  retirement income over the entire period of such year.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08458-01-3

        S. 3153                             2
 
     1    b.  (1)  for a dwelling unit where the head of the household qualifies
     2  as a person with a disability  receiving  supplemental  security  income
     3  (SSI)  benefits under the federal social security act pursuant to subdi-
     4  vision five of this section, no tax abatement shall be  granted  if  the
     5  combined  income for all members of the household for the current income

     6  tax year exceeds the maximum income above which such head of the  house-
     7  hold  would not be eligible to receive cash supplemental security income
     8  benefits under federal law during such tax year.  Provided that when the
     9  head of the household retires before the commencement of such income tax
    10  year and the date of filing the application, the income  for  such  year
    11  may  be  adjusted  by excluding salary or earnings and projecting his or
    12  her retirement income over the entire period of such year.
    13    (2) for a dwelling unit where the head of the household qualifies as a
    14  person with a disability  receiving  disability  pension  or  disability
    15  compensation benefits provided by the United States department of veter-

    16  ans  affairs pursuant to subdivision five of this section, no tax abate-
    17  ment shall be granted if the combined income  for  all  members  of  the
    18  household  for  the  current  income tax year exceeds the maximum income
    19  above which such head of the household would not be eligible to  receive
    20  cash disability pension or disability compensation benefits under feder-
    21  al  law  during such tax year. Provided that when the head of the house-
    22  hold retires before the commencement of such income  tax  year  and  the
    23  date of filing the application, the income for such year may be adjusted
    24  by  excluding  salary  or  earnings and projecting his or her retirement
    25  income over the entire period of such year.

    26    § 2. Paragraphs a and b of subdivision 3 of section 467-b of the  real
    27  property  tax law, as amended by section 2 of chapter 188 of the laws of
    28  2005, are amended to read as follows:
    29    a. for a dwelling unit where the head of the  household  is  a  person
    30  sixty-two  years  of  age  or  older,  or  is a person with a disability
    31  receiving social  security  disability  insurance  (SSDI)  or  currently
    32  receiving medical assistance benefits based on determination of disabil-
    33  ity  as  provided  in  section  three  hundred  sixty-six  of the social
    34  services law as defined in subdivision five  of  this  section,  no  tax
    35  abatement  shall be granted if the combined income of all members of the
    36  household for the income tax year  immediately  preceding  the  date  of

    37  making application exceeds three thousand dollars, or such other sum not
    38  more  than  five  thousand  dollars as may be provided by the local law,
    39  ordinance or resolution adopted pursuant to this section, provided  that
    40  when  the  head of the household retires before the commencement of such
    41  year and the date of filing the application, the income  for  such  year
    42  may  be  adjusted  by  excluding  salary  or earnings and projecting his
    43  retirement income over the entire period of such year.
    44    b. (1) for a dwelling unit where the head of the  household  qualifies
    45  as  a  person  with  a disability receiving supplemental security income
    46  (SSI) benefits under the federal social security act pursuant to  subdi-
    47  vision  five  of  this section, no tax abatement shall be granted if the
    48  combined income for all members of the household for the current  income

    49  tax  year exceeds the maximum income at which such head of the household
    50  would not be eligible to receive cash supplemental security income bene-
    51  fits under federal law during such tax year.   Provided  that  when  the
    52  head of the household retires before the commencement of such income tax
    53  year  and  the  date of filing the application, the income for such year
    54  may be adjusted by excluding salary or earnings and  projecting  his  or
    55  her retirement income over the entire period of such year.

        S. 3153                             3
 
     1    (2) for a dwelling unit where the head of the household qualifies as a
     2  person  with  a  disability  receiving  disability pension or disability
     3  compensation benefits provided by the United States department of veter-

     4  ans affairs pursuant to subdivision five of this section, no tax  abate-
     5  ment  shall  be  granted  if  the combined income for all members of the
     6  household for the current income tax year  exceeds  the  maximum  income
     7  above  which such head of the household would not be eligible to receive
     8  cash disability pension or disability compensation benefits under feder-
     9  al law during such tax year. Provided that when the head of  the  house-
    10  hold  retires  before  the  commencement of such income tax year and the
    11  date of filing the application, the income for such year may be adjusted
    12  by excluding salary or earnings and projecting  his  or  her  retirement
    13  income over the entire period of such year.

    14    § 3. Paragraph d of subdivision 1 of section 467-c of the real proper-
    15  ty tax law, as separately amended by chapters 188 and 205 of the laws of
    16  2005, is amended to read as follows:
    17    d. "Eligible  head  of the household" means (1) a person or his or her
    18  spouse who is sixty-two years of age or older, or is  a  person  with  a
    19  disability  receiving  social  security  disability  insurance (SSDI) or
    20  currently receiving medical assistance benefits based  on  determination
    21  of  disability  as  provided  in  section three hundred sixty-six of the
    22  social services law as defined in subdivision five of this section,  and
    23  is  entitled to the possession or to the use and occupancy of a dwelling
    24  unit, provided, however, with respect to a dwelling which was subject to

    25  a mortgage insured or initially insured by the federal government pursu-
    26  ant to section two hundred thirteen of  the  National  Housing  Act,  as
    27  amended "eligible head of the household" shall be limited to that person
    28  or his or her spouse who was entitled to possession or the use and occu-
    29  pancy of such dwelling unit at the time of termination of such mortgage,
    30  and  whose  income when combined with the income of all other members of
    31  the household, does not exceed six thousand five hundred dollars for the
    32  taxable period, or such other  sum  not  less  than  sixty-five  hundred
    33  dollars nor more than twenty-five thousand dollars beginning July first,
    34  two thousand five, twenty-six thousand dollars beginning July first, two
    35  thousand  six,  twenty-seven  thousand dollars beginning July first, two
    36  thousand seven, twenty-eight thousand dollars beginning July first,  two

    37  thousand  eight,  and twenty-nine thousand dollars beginning July first,
    38  two thousand nine, as may be provided by local law; or (2) a person with
    39  a disability as defined in this subdivision.
    40    § 4. Paragraph m of subdivision 1 of section 467-c of the real proper-
    41  ty tax law, as added by chapter 188 of the laws of 2005, is  amended  to
    42  read as follows:
    43    m.  "Person  with  a  disability" means an individual who is currently
    44  receiving social security disability insurance  (SSDI)  or  supplemental
    45  security  income (SSI) benefits under the federal social security act or
    46  disability pension or disability compensation benefits provided  by  the
    47  United  States department of veterans affairs or those previously eligi-
    48  ble by virtue of receiving disability benefits  under  the  supplemental
    49  security  income  program  or the social security disability program and

    50  currently receiving medical assistance benefits based  on  determination
    51  of  disability  as  provided  in  section three hundred sixty-six of the
    52  social services law [and whose]. Provided, however,  for  an  individual
    53  who  is currently receiving supplemental security income (SSI) benefits,
    54  income for the current income tax year, together with the income of  all
    55  members  of  such  individual's  household,  [does] shall not exceed the
    56  maximum income at which such individual would  be  eligible  to  receive

        S. 3153                             4
 
     1  cash supplemental security income benefits under federal law during such
     2  tax year.  Provided, further, for an individual who is currently receiv-
     3  ing  disability  pension or disability compensation benefits provided by

     4  the United States department of veterans affairs, income for the current
     5  income  tax  year, together with the income of all members of such indi-
     6  vidual's household, shall not exceed the maximum income  at  which  such
     7  individual would be eligible to receive cash disability pension or disa-
     8  bility compensation benefits under federal law during such tax year.
     9    § 5. This act shall take effect on the one hundred twentieth day after
    10  it  shall  have  become  a  law, provided that the amendments to section
    11  467-b of the real property tax law made by section one of this act shall
    12  be subject to the expiration and reversion of such section  pursuant  to
    13  section  17  of  chapter  576 of the laws of 1974, as amended, when upon
    14  such date the provisions of section two of this act shall take effect.
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