S T A T E O F N E W Y O R K
________________________________________________________________________
4870--A
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sens. DIAZ, HASSELL-THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Aging --
recommitted to the Committee on Aging in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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
thousand dollars beginning July first, two thousand nine, AND FIFTY
THOUSAND DOLLARS BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00482-02-0
S. 4870--A 2
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
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, AND FIFTY THOUSAND DOLLARS BEGINNING JULY FIRST, TWO
THOUSAND ELEVEN, 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 immediately, 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.
