Assembly Bill A3476

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

                                  3476

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. WEPRIN, V. LOPEZ, DINOWITZ -- Multi-Sponsored by
  -- M. of A. JOHN, ORTIZ, PHEFFER -- read  once  and  referred  to  the
  Committee on Real Property Taxation

AN  ACT  to  amend  the  real property tax law, in relation to including
  within the definition of "income" the deduction of  the  out-of-pocket
  expenses  for  all  medical and prescription   drugs not reimbursed or
  paid for by insurance

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

  Section  1.  Paragraph c of subdivision 1 of section 467-b of the real
property tax law, as amended by chapter 500 of  the  laws  of  2001,  is
amended to read as follows:
  c.  "Income"  means  income  from  all  sources after deduction of all
income  [and]  TAXES,  social  security  taxes  AND  ALL   MEDICAL   AND
PRESCRIPTION  DRUG  EXPENSES  ACTUALLY PAID WHICH WERE NOT REIMBURSED OR
PAID FOR BY INSURANCE, and includes social security and retirement bene-
fits, supplemental security income and additional state payments, public
assistance benefits, interest, dividends, net rental income,  salary  or
earnings,  and  net  income  from self-employment, but shall not include
gifts or inheritances, payments made to  individuals  because  of  their
status  as  victims  of Nazi persecution, as defined in P.L. 103-286, or
increases in benefits accorded pursuant to the social security act or  a
public  or  private  pension  paid  to any member of the household which
increase, in any given year, does not exceed the  consumer  price  index
(all  items  United States city average) for such year which take effect
after the date of eligibility of head of the household  receiving  bene-
fits  hereunder  whether  received  by  the head of the household or any
other member of the household;
  S 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06933-01-9
              

A. 3476                             2

  f. "Income" means income received by the eligible head of  the  house-
hold combined with the income of all other members of the household from
all  sources  after deduction of all income [and] TAXES, social security
taxes and OUT-OF-POCKET EXPENSES FOR ALL MEDICAL AND PRESCRIPTION  DRUGS
NOT REIMBURSED OR PAID FOR BY INSURANCE AND includes without limitation,
social  security  and  retirement benefits, supplemental security income
and additional state payments,  public  assistance  benefits,  interest,
dividends,  net  rental income, salary and earnings, and net income from
self employment, but shall not include gifts or  inheritances,  payments
made  to  individuals  because of their status as victims of Nazi perse-
cution as defined in P.L. 103-286, nor increases  in  benefits  accorded
pursuant  to the social security act or a public or private pension paid
to any member of the household which increase, in any given  year,  does
not  exceed the consumer price index (all items United States city aver-
age) for such year which take effect after the eligibility  date  of  an
eligible  head  of  the  household  receiving benefits hereunder whether
received by the eligible head of the household or any  other  member  of
the household. When the eligible head of the household has retired on or
after  the  commencement  of the taxable period and prior to the date of
making an application for a rent increase exemption order/tax  abatement
certificate  pursuant  to  this  section,  such person's income shall be
adjusted by excluding salary or earnings and  projecting  such  person's
retirement income over the entire taxable period.
  S  3. This act shall take effect immediately; provided that the amend-
ment to paragraph c of subdivision 1 of section 467-b of the real  prop-
erty  tax  law  made by section one of this act shall expire on the same
date as such section expires pursuant to section 17 of  chapter  576  of
the laws of 1974, as amended.