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S07209 Summary:

BILL NOS07209
 
SAME ASNo Same As
 
SPONSORLANZA
 
COSPNSR
 
MLTSPNSR
 
Amd §§11-245.3 & 11-245.4, NYC Ad Cd
 
Increases the maximum qualifying income for the senior citizen homeowner's exemption and the disabled homeowner's exemption to $70,000 in the city of New York.
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S07209 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7209
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 4, 2025
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
 
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to increasing the maximum qualifying income  for  the  senior
          citizen homeowner's exemption and the disabled homeowner's exemption
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 3 of section 11-245.3  of  the
     2  administrative  code  of  the  city of New York, as amended by local law
     3  number 140 for the year 2017, is amended to read as follows:
     4    (a) if the income of the owner or the combined income of the owners of
     5  the property exceeds the sum of twenty-six  thousand  dollars  beginning
     6  July  first,  two  thousand six, twenty-seven thousand dollars beginning
     7  July first, two thousand seven, twenty-eight thousand dollars  beginning
     8  July  first,  two thousand eight, twenty-nine thousand dollars beginning
     9  July first, two thousand nine, [and] fifty  thousand  dollars  beginning
    10  July  first, two thousand seventeen, and seventy thousand dollars begin-
    11  ning July first, two thousand twenty-five for the income tax year  imme-
    12  diately  preceding  the date of making application for exemption. Income
    13  tax year shall mean the [twelve month] twelve-month period for which the
    14  owner or owners filed a federal personal income tax  return,  or  if  no
    15  such return is filed, the calendar year. Where title is vested in either
    16  [the  husband  or the wife] spouse, their combined income may not exceed
    17  such sum, except where the [husband or wife, or ex-husband  or  ex-wife]
    18  spouse, or ex-spouse is absent from the property as provided in subpara-
    19  graph (ii) of paragraph (d) of this subdivision, then only the income of
    20  the spouse or ex-spouse residing on the property shall be considered and
    21  may  not  exceed such sum. Such income shall include social security and
    22  retirement benefits, interest, dividends, total gain from  the  sale  or
    23  exchange  of a capital asset which may be offset by a loss from the sale
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11437-01-5

        S. 7209                             2
 
     1  or exchange of a capital asset in the same income tax year,  net  rental
     2  income,  salary  or  earnings,  and net income from self-employment, but
     3  shall not include gifts, inheritances, a  return  of  capital,  payments
     4  made  to  individuals  because of their status as victims of Nazi perse-
     5  cution as defined in P.L. 103-286, monies earned through  employment  in
     6  the  federal foster grandparent program, and veterans disability compen-
     7  sation as defined in title 38 of the United States Code,  and  any  such
     8  income  shall  be  offset  by all medical and prescription drug expenses
     9  actually paid which were not reimbursed or paid  for  by  insurance.  In
    10  computing  net  rental  income  and  net  income from self-employment no
    11  depreciation deduction shall be allowed for  the  exhaustion,  wear  and
    12  tear of real or personal property held for the production of income;
    13    §  2.  Subdivision 7 of section 11-245.3 of the administrative code of
    14  the city of New York, as amended by local law number 140  for  the  year
    15  2017, is amended to read as follows:
    16    7.  Notwithstanding  the  maximum  income  exemption eligibility level
    17  provided in subdivision three of this section, an exemption, subject  to
    18  all  other  provisions of this section, shall be granted as indicated in
    19  the following schedule:
 
    20            Annual Income                   Percentage Assessed Valuation
    21         as of July 1, 2006                     Exempt From Taxation
 
    22  More than $26,000 but less than $27,000             45 per centum
    23  $27,000 or more but less than $28,000               40 per centum
    24  $28,000 or more but less than $29,000               35 per centum
    25  $29,000 or more but less than $29,900               30 per centum
    26  $29,900 or more but less than $30,800               25 per centum
    27  $30,800 or more but less than $31,700               20 per centum
    28  $31,700 or more but less than $32,600               15 per centum
    29  $32,600 or more but less than $33,500               10 per centum
    30  $33,500 or more but less than $34,400                5 per centum
 
    31                                            Percentage Assessed Valuation
    32  Annual Income as of July 1, 2007              Exempt From Taxation
 
    33  More than $27,000 but less than $28,000             45 per centum
    34  $28,000 or more but less than $29,000               40 per centum
    35  $29,000 or more but less than $30,000               35 per centum
    36  $30,000 or more but less than $30,900               30 per centum
    37  $30,900 or more but less than $31,800               25 per centum
    38  $31,800 or more but less than $32,700               20 per centum
    39  $32,700 or more but less than $33,600               15 per centum
    40  $33,600 or more but less than $34,500               10 per centum
    41  $34,500 or more but less than $35,400                5 per centum
 
    42                                            Percentage Assessed Valuation
    43  Annual Income as of July 1, 2008              Exempt From Taxation
 
    44  More than $28,000 but less than $29,000             45 per centum
    45  $29,000 or more but less than $30,000               40 per centum
    46  $30,000 or more but less than $31,000               35 per centum
    47  $31,000 or more but less than $31,900               30 per centum
    48  $31,900 or more but less than $32,800               25 per centum
    49  $32,800 or more but less than $33,700               20 per centum
    50  $33,700 or more but less than $34,600               15 per centum

        S. 7209                             3
 
     1  $34,600 or more but less than $35,500               10 per centum
     2  $35,500 or more but less than $36,400                5 per centum
 
     3                                            Percentage Assessed Valuation
     4  Annual Income as of July 1, 2009              Exempt From Taxation

     5  More than $29,000 but less than $30,000             45 per centum
     6  $30,000 or more but less than $31,000               40 per centum
     7  $31,000 or more but less than $32,000               35 per centum
     8  $32,000 or more but less than $32,900               30 per centum
     9  $32,900 or more but less than $33,800               25 per centum
    10  $33,800 or more but less than $34,700               20 per centum
    11  $34,700 or more but less than $35,600               15 per centum
    12  $35,600 or more but less than $36,500               10 per centum
    13  $36,500 or more but less than $37,400                5 per centum
 
    14                                            Percentage Assessed Valuation
    15  Annual Income as of July 1, 2017              Exempt From Taxation
 
    16  More than $50,000 but less than $51,000             45 per centum
    17  $51,000 or more but less than $52,000               40 per centum
    18  $52,000 or more but less than $53,000               35 per centum
    19  $53,000 or more but less than $53,900               30 per centum
    20  $53,900 or more but less than $54,800               25 per centum
    21  $54,800 or more but less than $55,700               20 per centum
    22  $55,700 or more but less than $56,600               15 per centum
    23  $56,600 or more but less than $57,500               10 per centum
    24  $57,500 or more but less than $58,400               5 per centum
 
    25                                            Percentage Assessed Valuation
    26  Annual Income as of July 1, 2025              Exempt From Taxation
 
    27  More than $70,000 but less than $71,000             45 per centum
    28  $71,000 or more but less than $72,000               40 per centum
    29  $72,000 or more but less than $73,000               35 per centum
    30  $73,000 or more but less than $73,900               30 per centum
    31  $73,900 or more but less than $74,800               25 per centum
    32  $74,800 or more but less than $75,700               20 per centum
    33  $75,700 or more but less than $76,600               15 per centum
    34  $76,600 or more but less than $77,500               10 per centum
    35  $77,500 or more but less than $78,400               5 per centum
 
    36    §  3. Paragraph (a) of subdivision 3 of section 11-245.4 of the admin-
    37  istrative code of the city of New York, as amended by local  law  number
    38  140 for the year 2017, is amended to read as follows:
    39    (a) if the income of the owner or the combined income of the owners of
    40  the  property  for the income tax year immediately preceding the date of
    41  making application for exemption exceeds the sum of twenty-six  thousand
    42  dollars  beginning  July  first, two thousand six, twenty-seven thousand
    43  dollars beginning July first, two thousand seven, twenty-eight  thousand
    44  dollars  beginning  July first, two thousand eight, twenty-nine thousand
    45  dollars beginning July first, two thousand nine,  [and]  fifty  thousand
    46  dollars  beginning July first, two thousand seventeen, and seventy thou-
    47  sand dollars beginning July first, two thousand twenty-five. Income  tax
    48  year  shall  mean  the  [twelve month] twelve-month period for which the
    49  owner or owners filed a federal personal income tax  return,  or  if  no

        S. 7209                             4
 
     1  such return is filed, the calendar year. Where title is vested in either
     2  the  [husband  or the wife] spouse, their combined income may not exceed
     3  such sum, except where the [husband or wife, or ex-husband  or  ex-wife]
     4  spouse,  or  ex-spouse is absent from the property due to divorce, legal
     5  separation or abandonment,  then  only  the  income  of  the  spouse  or
     6  ex-spouse  residing  on  the  property  shall  be considered and may not
     7  exceed such sum. Such income shall include social security  and  retire-
     8  ment benefits, interest, dividends, total gain from the sale or exchange
     9  of  a  capital  asset  which  may  be  offset by a loss from the sale or
    10  exchange of a capital asset in the same  income  tax  year,  net  rental
    11  income,  salary  or  earnings,  and net income from self-employment, but
    12  shall not include a return of capital,  gifts,  inheritances  or  monies
    13  earned  through employment in the federal foster grandparent program and
    14  any such income shall be offset by all  medical  and  prescription  drug
    15  expenses  actually  paid which were not reimbursed or paid for by insur-
    16  ance. In computing net rental income and net income from self-employment
    17  no depreciation deduction shall be allowed for the exhaustion, wear  and
    18  tear of real or personal property held for the production of income;
    19    §  4.  Subdivision 6 of section 11-245.4 of the administrative code of
    20  the city of New York, as amended by local law number  41  for  the  year
    21  2006, the schedule as amended by local law number 140 for the year 2017,
    22  is amended to read as follows:
    23    6.  Notwithstanding  the  maximum  income  exemption eligibility level
    24  provided in subdivision three of this section, an exemption, subject  to
    25  all  other  provisions of this section, shall be granted as indicated in
    26  the following schedule:
 
    27                                            Percentage Assessed Valuation
    28  Annual Income as of July 1, 2006              Exempt From Taxation
 
    29    More than $26,000 but less than $27,000           45 per centum
    30    $27,000 or more but less than $28,000             40 per centum
    31    $28,000 or more but less than $29,000             35 per centum
    32    $29,000 or more but less than $29,900             30 per centum
    33    $29,900 or more but less than $30,800             25 per centum
    34    $30,800 or more but less than $31,700             20 per centum
    35    $31,700 or more but less than $32,600             15 per centum
    36    $32,600 or more but less than $33,500             10 per centum
    37    $33,500 or more but less than $34,400              5 per centum
 
    38                                            Percentage Assessed Valuation
    39  Annual Income as of July 1, 2007              Exempt From Taxation
 
    40  More than $27,000 but less than $28,000             45 per centum
    41  $28,000 or more but less than $29,000               40 per centum
    42  $29,000 or more but less than $30,000               35 per centum
    43  $30,000 or more but less than $30,900               30 per centum
    44  $30,900 or more but less than $31,800               25 per centum
    45  $31,800 or more but less than $32,700               20 per centum
    46  $32,700 or more but less than $33,600               15 per centum
    47  $33,600 or more but less than $34,500               10 per centum
    48  $34,500 or more but less than $35,400                5 per centum

        S. 7209                             5

     1                                            Percentage Assessed Valuation
     2  Annual Income as of July 1, 2008              Exempt From Taxation
 
     3  More than $28,000 but less than $29,000             45 per centum
     4  $29,000 or more but less than $30,000               40 per centum
     5  $30,000 or more but less than $31,000               35 per centum
     6  $31,000 or more but less than $31,900               30 per centum
     7  $31,900 or more but less than $32,800               25 per centum
     8  $32,800 or more but less than $33,700               20 per centum
     9  $33,700 or more but less than $34,600               15 per centum
    10  $34,600 or more but less than $35,500               10 per centum
    11  $35,500 or more but less than $36,400                5 per centum
 
    12                                            Percentage Assessed Valuation
    13  Annual Income as of July 1, 2009              Exempt From Taxation

    14  More than $29,000 but less than $30,000             45 per centum
    15  $30,000 or more but less than $31,000               40 per centum
    16  $31,000 or more but less than $32,000               35 per centum
    17  $32,000 or more but less than $32,900               30 per centum
    18  $32,900 or more but less than $33,800               25 per centum
    19  $33,800 or more but less than $34,700               20 per centum
    20  $34,700 or more but less than $35,600               15 per centum
    21  $35,600 or more but less than $36,500               10 per centum
    22  $36,500 or more but less than $37,400                5 per centum
 
    23                                            Percentage Assessed Valuation
    24  Annual Income as of July 1, 2017              Exempt From Taxation
 
    25  More than $50,000 but less than $51,000             45 per centum
    26  $51,000 or more but less than $52,000               40 per centum
    27  $52,000 or more but less than $53,000               35 per centum
    28  $53,000 or more but less than $53,900               30 per centum
    29  $53,900 or more but less than $54,800               25 per centum
    30  $54,800 or more but less than $55,700               20 per centum
    31  $55,700 or more but less than $56,600               15 per centum
    32  $56,600 or more but less than $57,500               10 per centum
    33  $57,500 or more but less than $58,400               5 per centum
 
    34                                            Percentage Assessed Valuation
    35  Annual Income as of July 1, 2025              Exempt From Taxation
 
    36  More than $70,000 but less than $71,000             45 per centum
    37  $71,000 or more but less than $72,000               40 per centum
    38  $72,000 or more but less than $73,000               35 per centum
    39  $73,000 or more but less than $73,900               30 per centum
    40  $73,900 or more but less than $74,800               25 per centum
    41  $74,800 or more but less than $75,700               20 per centum
    42  $75,700 or more but less than $76,600               15 per centum
    43  $76,600 or more but less than $77,500               10 per centum
    44  $77,500 or more but less than $78,400               5 per centum
 
    45    §  5.  This  act  shall  take  effect  immediately  and shall apply to
    46  exemption applications made for the fiscal year commencing in  2017  and
    47  all fiscal years thereafter.
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