Increases allowable maximum income (from $20,000 to $50,000) of persons occupying rental units otherwise eligible for tax abatement in certain cases under provisions applicable to senior citizens' rent increase exemption (SCRIE).
STATE OF NEW YORK
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910
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sen. KRUEGER -- 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 increasing the
allowable maximum income of persons occupying rental units otherwise
eligible for tax abatement in certain cases
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 467-b of the real
2 property tax law, as separately amended by chapters 188 and 205 of the
3 laws of 2005, is amended to read as follows:
4 a. for a dwelling unit where the head of the household is a person
5 sixty-two years of age or older, no tax abatement shall be granted if
6 the combined income of all members of the household for the income tax
7 year immediately preceding the date of making application exceeds four
8 thousand dollars, or such other sum not more than [twenty-five thousand
9 dollars beginning July first, two thousand five, twenty-six thousand
10 dollars beginning July first, two thousand six, twenty-seven thousand
11 dollars beginning July first, two thousand seven, twenty-eight thousand
12 dollars beginning July first, two thousand eight, and twenty-nine thou-
13 sand dollars beginning July first, two thousand nine,] fifty thousand
14 dollars as may be provided by the local law, ordinance or resolution
15 adopted pursuant to this section, provided that when the head of the
16 household retires before the commencement of such income tax year and
17 the date of filing the application, the income for such year may be
18 adjusted by excluding salary or earnings and projecting his or her
19 retirement income over the entire period of such year.
20 § 2. Paragraph d of subdivision 1 of section 467-c of the real proper-
21 ty tax law, as separately amended by chapters 188 and 205 of the laws of
22 2005, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04043-01-1
S. 910 2
1 d. "Eligible head of the household" means (1) a person or his or her
2 spouse who is sixty-two years of age or older and is entitled to the
3 possession or to the use and occupancy of a dwelling unit, provided,
4 however, with respect to a dwelling which was subject to a mortgage
5 insured or initially insured by the federal government pursuant to
6 section two hundred thirteen of the National Housing Act, as amended
7 "eligible head of the household" shall be limited to that person or his
8 or her spouse who was entitled to possession or the use and occupancy of
9 such dwelling unit at the time of termination of such mortgage, and
10 whose income when combined with the income of all other members of the
11 household, does not exceed six thousand five hundred dollars for the
12 taxable period, or such other sum not less than [sixty-five hundred
13 dollars nor more than twenty-five thousand dollars beginning July first,
14 two thousand five, twenty-six thousand dollars beginning July first, two
15 thousand six, twenty-seven thousand dollars beginning July first, two
16 thousand seven, twenty-eight thousand dollars beginning July first, two
17 thousand eight, and twenty-nine thousand dollars beginning July first,
18 two thousand nine,] fifty thousand dollars as may be provided by local
19 law; or (2) a person with a disability as defined in this subdivision.
20 § 3. This act shall take effect on the thirtieth day after it shall
21 have become a law, provided, however, that the amendments to section
22 467-b of the real property tax law made by section one of this act shall
23 not affect the expiration of such section pursuant to chapter 576 of the
24 laws of 1974, as amended, and shall be deemed to expire therewith.
