Senate Bill S4783

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4783

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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:

  Section 1. Paragraph a of subdivision 3 of section 467-b of  the  real
property  tax  law, as separately amended by chapters 188 and 205 of the
laws of 2005, is amended to read as follows:
  a. for a dwelling unit where the head of the  household  is  a  person
sixty-two  years  of  age or older, no tax abatement shall be granted if
the combined income of all members of the household for the  income  tax
year  immediately  preceding the date of making application exceeds four
thousand dollars, or such other sum not more than [twenty-five  thousand
dollars  beginning  July  first,  two thousand five, twenty-six thousand
dollars beginning July first, two thousand  six,  twenty-seven  thousand
dollars  beginning July first, two thousand seven, twenty-eight thousand
dollars beginning July first, two thousand eight, and twenty-nine  thou-
sand  dollars  beginning  July first, two thousand nine,] FIFTY THOUSAND
DOLLARS as may be provided by the local  law,  ordinance  or  resolution
adopted  pursuant  to  this  section, provided that when the head of the
household retires before the commencement of such income  tax  year  and
the  date  of  filing  the  application, the income for such year may be
adjusted by excluding salary or  earnings  and  projecting  his  or  her
retirement income over the entire period of such year.
  S 2. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, is amended to read as follows:
  d. "Eligible  head  of the household" means (1) a person or his or her
spouse who is sixty-two years of age or older and  is  entitled  to  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09744-01-9
              

S. 4783                             2

possession  or  to  the  use and occupancy of a dwelling unit, provided,
however, with respect to a dwelling which  was  subject  to  a  mortgage
insured  or  initially  insured  by  the  federal government pursuant to
section  two  hundred  thirteen  of the National Housing Act, as amended
"eligible head of the household" shall be limited to that person or  his
or her spouse who was entitled to possession or the use and occupancy of
such  dwelling  unit  at  the  time of termination of such mortgage, and
whose income when combined with the income of all other members  of  the
household,  does  not  exceed  six thousand five hundred dollars for the
taxable period, or such other sum  not  less  than  [sixty-five  hundred
dollars nor more than twenty-five thousand dollars beginning July first,
two thousand five, twenty-six thousand dollars beginning July first, two
thousand  six,  twenty-seven  thousand dollars beginning July first, two
thousand seven, twenty-eight thousand dollars beginning July first,  two
thousand  eight,  and twenty-nine thousand dollars beginning July first,
two thousand nine,] FIFTY THOUSAND DOLLARS as may be provided  by  local
law; or (2) a person with a disability as defined in this subdivision.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law, provided, however, that  the  amendments  to  section
467-b of the real property tax law made by section one of this act shall
not affect the expiration of such section pursuant to chapter 576 of the
laws of 1974, as amended, and shall be deemed to expire therewith.