A02082 Summary:

BILL NOA02082
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSR
 
Amd §467-b, RPT L
 
Relates to pension income and tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities.
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A02082 Actions:

BILL NOA02082
 
01/15/2025referred to aging
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A02082 Committee Votes:

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A02082 Floor Votes:

There are no votes for this bill in this legislative session.
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A02082 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2082
 
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the real property tax law, in relation to pension income and tax abatement for rent-controlled and rent regulated property occu- pied by senior citizens or persons with disabilities   PURPOSE: This bill requires that no increases in a household member's pension or Social Security benefits may be• considered income for the purpose of determining eligibility for the Senior Citizen Rent Increase Exemption (SCRIE) or Disability Rent Increase Exemption (DRIB) following such household's initial application for either program.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends paragraph c of subdivision 1 of section 467-b of the real property tax law. Section two sets forth the effective date. •   JUSTIFICATION: Currently, Social Security and pension benefit increases are not consid- ered to be income as long as they are less than the Consumer Price Index (CPI), United States City average, for the year in question. In recent years, the CPI has been so low that even negligible pension and Social Security increases are countable and can render tenants ineligible for SCRIE or DRIE. The bill would also simplify application processing by local governments. Rather than requiring administering agencies to cross-check potentially decades of benefit increases against the year's CPI, the agencies would be able to use the annual pension or Social Security benefit income when a household initially applies for determi- nation of eligibility for all subsequent applications.   LEGISLATIVE HISTORY: 2023-24: A.1079 - Referred to Aging; S.707 - Referred to Aging 2021-22: A.3206 - Referred to Aging 2019-20: A.1312 - Referred to Aging 2017-18: A.4774 - Referred to Aging 2015-16: A.861 - Referred to Aging 2013-14: A.8642 - Referred to Aging   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect immediately.
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A02082 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2082
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Aging
 
        AN ACT to amend the real property tax law, in relation to pension income
          and tax abatement for  rent-controlled  and  rent  regulated  property
          occupied 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. Clause (B) of subparagraph (ii) of paragraph c of  subdivi-
     2  sion  1  of  section  467-b  of the real property tax law, as amended by
     3  chapter 276 of the laws of 2023, is amended to read as follows:
     4    (B) provided, however, that income may be  calculated  as  the  income
     5  from all sources after deduction of all income and social security taxes
     6  and includes social security and retirement benefits, supplemental secu-
     7  rity  income  and additional state payments, public assistance benefits,
     8  interest, dividends, net rental income,  salary  or  earnings,  and  net
     9  income  from self-employment, but shall not include gifts or inheritanc-
    10  es, payments made to individuals because of their status as  victims  of
    11  Nazi  persecution,  as  defined in federal P.L. 103-286, or increases in
    12  benefits accorded pursuant to the social security act  or  a  public  or
    13  private  pension paid to any member of the household [which increase, in
    14  any given year, does not exceed the  consumer  price  index  (all  items
    15  United  States  city average)] for such year which take effect after the
    16  date of eligibility of head of the household  receiving  benefits  here-
    17  under  whether received by the head of the household or any other member
    18  of the household, when the following conditions are met:
    19    (1) a rent increase exemption order was granted to the head of  house-
    20  hold prior to July first, two thousand twenty-four;
    21    (2)  such  rent  increase exemption order is either renewed after each
    22  benefit period or granted pursuant to paragraph (d) of  subdivision  two
    23  of this section to account for a temporary increase in income;
    24    (3)  income calculated as described in this subparagraph would yield a
    25  lower amount than income calculated as described in subparagraph (i)  of
    26  this paragraph; and
    27    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05818-01-5
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A02082 LFIN:

 NO LFIN
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A02082 Chamber Video/Transcript:

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