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

                                  1360

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, SWEENEY, DESTITO, ABBATE -- Multi-
  Sponsored by -- M. of A. COLTON, DIAZ, EDDINGTON, GALEF, HOOPER, JOHN,
  MAYERSOHN, MILLMAN, PERRY, PHEFFER, RAIA -- read once and referred  to
  the Committee on Aging

AN  ACT to amend the real property tax law, in relation to a program for
  senior citizen rent exemption and tax abatement

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 467-g to read as follows:
  S 467-G. TENANTS SIXTY-FIVE YEARS OF AGE OR OLDER.   1. THE  GOVERNING
BODY  OF  ANY  MUNICIPALITY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT,
AFTER PUBLIC HEARING AND IN ACCORDANCE WITH THIS SECTION, A  LOCAL  LAW,
ORDINANCE  OR  RESOLUTION PROVIDING FOR A PROGRAM OF SENIOR CITIZEN RENT
EXEMPTION AND TAX ABATEMENT. SUCH PROGRAM SHALL APPLY TO PERSONS  SIXTY-
FIVE  YEARS OF AGE OR OLDER, WHO RESIDE IN RESIDENTIAL RENTAL UNITS, AND
WHO ARE HEADS OF HOUSEHOLDS WHOSE INCOMES FALL WITHIN  SPECIFIED  LIMITS
ADOPTED  BY A MUNICIPALITY, AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION
THREE OF THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION, "HEAD OF HOUSEHOLD" SHALL MEAN  A
PERSON  WHO  IS  SIXTY-FIVE YEARS OF AGE OR OLDER AND IS ENTITLED TO THE
POSSESSION OR TO THE USE OR OCCUPANCY OF A RESIDENTIAL RENTAL UNIT.
  3. (A) NO EXEMPTION SHALL BE GRANTED IF THE INCOME OF  THE  RENTER  OR
THE  COMBINED  INCOME OF ALL THE RENTAL HOUSEHOLD MEMBERS FOR THE INCOME
TAX YEAR IMMEDIATELY PRECEDING THE DATE  OF  APPLICATION  FOR  EXEMPTION
EXCEEDS  THE  SUM  OF THREE THOUSAND DOLLARS, OR SUCH OTHER SUM NOT LESS
THAN THREE THOUSAND DOLLARS NOR MORE THAN TWELVE THOUSAND DOLLARS (HERE-
AFTER REFERRED TO IN THIS SECTION AS "M") AS  MAY  BE  PROVIDED  BY  THE
LOCAL  LAW,  ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO THIS SECTION. A
RENTER SHALL BE ELIGIBLE FOR A  REDUCTION  IN  THEIR  RENT  WHICH  SHALL

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

                                                           LBD04203-01-9

A. 1360                             2

REFLECT  THE  GRANTING  OF  A  ONE HUNDRED PERCENT EXEMPTION OF THE REAL
PROPERTY TAXES APPORTIONED TO THE RENTAL UNIT, THAT HAVE AN INCOME EQUAL
TO "M".  FOR THE PURPOSES OF THIS SECTION "INCOME TAX YEAR"  SHALL  MEAN
THE  TWELVE  MONTH  PERIOD FOR WHICH THE RENTER FILED A FEDERAL PERSONAL
INCOME TAX RETURN, OR IF NO SUCH RETURN IS  FILED,  THE  CALENDAR  YEAR.
SUCH  INCOME  SHALL  INCLUDE  SOCIAL  SECURITY  AND RETIREMENT BENEFITS,
INTEREST, DIVIDENDS, TOTAL GAIN FROM THE SALE OR EXCHANGE OF  A  CAPITAL
ASSET WHICH MAY BE OFFSET BY A LOSS FROM THE SALE OR EXCHANGE OF A CAPI-
TAL  ASSET  IN  THE  SAME  INCOME TAX YEAR, NET RENTAL INCOME, SALARY OR
EARNINGS, AND NET INCOME FROM SELF-EMPLOYMENT, BUT SHALL NOT  INCLUDE  A
RETURN  OF CAPITAL, GIFTS, INHERITANCES OR MONIES EARNED THROUGH EMPLOY-
MENT IN THE FEDERAL FOSTER GRANDPARENT PROGRAM. PROVIDED, HOWEVER,  WHEN
THE  HEAD  OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF SUCH YEAR
AND THE DATE OF FILING THE APPLICATION, THE INCOME FOR SUCH 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.
  (B)  ANY LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION MAY BE AMENDED, OR A LOCAL LAW, ORDINANCE  OR
RESOLUTION MAY BE ADOPTED, TO PROVIDE AN EXEMPTION SO AS TO INCREASE THE
INCOME  ELIGIBILITY  LEVEL FOR A RENTER DEEMED ELIGIBLE FOR AN EXEMPTION
WHO IS RESIDING IN REAL PROPERTY LOCATED IN A MUNICIPAL  CORPORATION  AS
PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, TO THE EXTENT PROVIDED IN
THE FOLLOWING SCHEDULE:
     ANNUAL HOUSEHOLD                   ANNUAL PERCENT OF ASSESSED
     INCOME OF SENIOR                      TAX EXEMPTION GRANTED
          RENTER
     MORE THAN (M) BUT
          LESS THAN (M + $650)                              95%
     (M + $650 OR MORE) BUT
          LESS THAN (M + $1,300)                            90%
     (M + $1,300 OR MORE) BUT
          LESS THAN (M + $1,950)                            85%
     (M + $1,950 OR MORE) BUT
          LESS THAN (M +$2,600)                             80%
     (M + $2,600 OR MORE) BUT
          LESS THAN (M + $3,250)                            75%
     (M + $3,250 OR MORE) BUT
          LESS THAN (M + $3,900)                            70%
     (M + $3,900 OR MORE) BUT
          LESS THAN (M + $4,500)                            65%
     (M + $4,500 OR MORE) BUT
          LESS THAN (M + $5,200)                            60%
     (M + $5,200 OR MORE) BUT
          LESS THAN (M + $5,850)                            55%
     (M + $5,850 OR MORE) BUT
          LESS THAN (M + $6,500)                            50%
     (M + $6,500 OR MORE) BUT
          LESS THAN (M + $7,500)                            45%
     (M + $7,500 OR MORE) BUT
          LESS THAN (M + $8,500)                            40%
     (M + $8,500 OR MORE) BUT
          LESS THAN (M + $9,500)                            35%
     (M + $9,500 OR MORE) BUT
          LESS THAN (M + $10,400)                           30%
     (M + $10,400 OR MORE) BUT

A. 1360                             3

          LESS THAN (M + $11,300)                           25%
     (M + $11,300 OR MORE) BUT
          LESS THAN (M + $12,200)                           20%
     (M + $12,200 OR MORE) BUT
          LESS THAN (M + $13,000)                           15%
     (M + $13,000 OR MORE) BUT
          LESS THAN (M + $14,000)                           10%
     (M + $14,000 OR MORE) BUT
          LESS THAN (M + $14,900)                            5%.
  4. THE EXEMPTION SHALL BE GRANTED ON THAT PROPORTION OF THE ASSESSMENT
OF  SUCH  REAL  PROPERTY  AND  SHALL BE ATTRIBUTABLE TO THE PROPORTIONAL
AMOUNT OF THE TOTAL ASSESSMENT OF SUCH REAL PROPERTY IN WHICH THE RENTAL
UNIT IS LOCATED. SUCH RENTAL UNIT SHALL BE  SUBJECT  TO  EXEMPTION  FROM
TAXATION  PURSUANT TO THIS SECTION AND ANY EXEMPTION SO GRANTED SHALL BE
CREDITED BY THE APPROPRIATE TAXING AUTHORITY AGAINST THE ASSESSED  VALU-
ATION OF SUCH REAL PROPERTY.
  THE REDUCTION IN REAL PROPERTY TAXES REALIZED THEREBY SHALL BE CREDIT-
ED  BY  THE  PROPERTY  OWNER  AGAINST  THE  PROPORTIONAL AMOUNT OF TAXES
CHARGEABLE TO A TENANT IN THE FORM OF RENT.
  5. THE ELIGIBLE HEAD OF HOUSEHOLD SHALL APPLY EACH YEAR, PRIOR TO  THE
TAXABLE STATUS DATE PRESCRIBED BY LAW, TO THE APPROPRIATE LOCAL ASSESSOR
FOR  A  TAX  ABATEMENT  CERTIFICATE,  ON  A FORM PRESCRIBED BY THE STATE
BOARD. AS A REQUIRED PART OF THE  APPLICATION  PROCESS,  EACH  APPLICANT
SHALL  ALSO SUBMIT AN ACCESSORY AGREEMENT SIGNED BY HIS OR HER LANDLORD,
ATTESTING TO THE LANDLORD'S WILLINGNESS TO PARTICIPATE IN  THE  PROGRAM.
SUCH  AGREEMENT  SHALL  INCLUDE  THE  LANDLORD'S RESPONSIBILITIES TO (A)
REDUCE THE TENANT'S RENT ON A MONTHLY BASIS BY ONE-TWELFTH OF THE AMOUNT
OF ANNUAL EXEMPTION GRANTED, (B) REIMBURSE, TO THE RECEIVER OF TAXES  OF
THE  MUNICIPAL  CORPORATION  WHICH  GRANTED  THE  EXEMPTION, A PRO-RATED
PORTION OF THE TAX ABATEMENT IF HIS QUALIFYING TENANT SHOULD MOVE DURING
THE TAXABLE PERIOD, (C) PERMIT ALL QUALIFYING TENANTS TO PARTICIPATE  IN
THE  PROGRAM  AND (D) LIMIT INCREASES IN RENT TO ELIGIBLE RENTER TENANTS
TO AMOUNTS ESTABLISHED BY A LOCAL GOVERNMENT AS SET FORTH BY SUCH  LOCAL
LAW,  ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO GUIDELINES ADOPTED FOR
RENT ADJUSTMENTS.  ADJUSTMENTS IN RENT SHALL BE SET ACCORDING TO BUT NOT
LIMITED TO THE FOLLOWING FACTORS: (1)  THE  ECONOMIC  CONDITION  OF  THE
RESIDENTIAL  REAL  ESTATE  INDUSTRY  IN THE AFFECTED AREA INCLUDING SUCH
FACTORS AS THE PREVAILING AND PROJECTED (I) REAL ESTATE TAXES AND  SEWER
AND  WATER  RATES,  (II)  GROSS  OPERATING  MAINTENANCE COSTS (INCLUDING
INSURANCE RATES, GOVERNMENTAL FEES, COST OF FUEL AND LABOR COST),  (III)
COSTS AND AVAILABILITY OF FINANCING (INCLUDING EFFECTIVE RATES OF INTER-
EST)  AND  (IV)  OVERALL  SUPPLY  OF  HOUSING ACCOMMODATIONS AND OVERALL
VACANCY RATES, (2) RELEVANT DATA FROM THE CURRENT AND PROJECTED COST  OF
LIVING  INDICES  FOR THE AFFECTED AREA AND (3) SUCH OTHER DATA AS MAY BE
MADE AVAILABLE TO THE LOCAL GOVERNMENT. THE STANDARDS FOR  RENT  ADJUST-
MENTS  ESTABLISHED  ANNUALLY  SHALL  BE  EFFECTIVE FOR LEASES COMMENCING
OCTOBER FIRST OF EACH YEAR AND DURING THE NEXT SUCCEEDING TWELVE MONTHS.
  6. A TAX ABATEMENT CERTIFICATE SETTING AN AMOUNT OF EXEMPTION FOR  THE
TAXABLE  PERIOD  SHALL  BE  ISSUED  TO EACH HEAD OF THE HOUSEHOLD WHO IS
ELIGIBLE. COPIES OF THE CERTIFICATE SHALL BE ISSUED TO THE OWNER OF  THE
REAL  PROPERTY  CONTAINING  THE RENTAL UNIT OF THE HEAD OF THE HOUSEHOLD
AND TO THE RECEIVER OF TAXES OF EACH MUNICIPALITY WHICH HAS GRANTED  THE
ABATEMENT  OF  TAXES.  THE  EXEMPTION  FOR THE TAX PERIOD SET IN THE TAX
ABATEMENT CERTIFICATE SHALL BE DEDUCTED FROM THE TOTAL TAXES  LEVIED  BY
THE MUNICIPALITY WHICH GRANTED THE ABATEMENT ON REAL PROPERTY CONTAINING
THE RENTAL UNIT.

A. 1360                             4

  7.  THE  MAKING  OF ANY WILLFUL FALSE STATEMENT IN THE APPLICATION FOR
THE EXEMPTION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED
DOLLARS AND SHALL DISQUALIFY THE APPLICANT SENIOR CITIZEN  AND/OR  HOME-
MAKER FROM FURTHER EXEMPTIONS FOR A PERIOD OF FIVE YEARS.
  8.  THE  PROVISIONS  OF THIS SECTION SHALL BE APPLICABLE TO ALL RENTAL
UNITS WHICH COMPLY WITH ALL RELEVANT HOUSING CODES, LOCAL LAWS OR  ORDI-
NANCES.
  9.  AN  INDIVIDUAL'S  ELIGIBILITY FOR SUCH EXEMPTION AS ESTABLISHED BY
THIS SECTION SHALL BE CONTINGENT UPON THE PRECLUSION OF THE INDIVIDUAL'S
ELIGIBILITY FOR AN EXEMPTION PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEV-
EN, FOUR HUNDRED  SIXTY-SEVEN-B,  FOUR  HUNDRED  SIXTY-SEVEN-C  OR  FOUR
HUNDRED SIXTY-SEVEN-D OF THIS TITLE.
  S 2. This act shall take effect immediately.