NY State Senate Bill 2009-S1384

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to veterans, homeland security and military affairs
Jul 16, 2009	committed to rules
Mar 05, 2009	advanced to third reading
Mar 04, 2009	2nd report cal.
Mar 03, 2009	1st report cal.84
Jan 29, 2009	referred to veterans, homeland security and military affairs

co-Sponsors

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2009-S1384 (ACTIVE) - Details

See Assembly Version of this Bill:: A4206
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L

2009-S1384 (ACTIVE) - Summary

Authorizes a municipal corporation to allow disabled veterans who are not receiving public assistance, but who are entitled to the possession or to the use or occupancy of a dwelling unit, to be considered heads of households for purpose of eligibility for a tax abatement for rent regulated property.

2009-S1384 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1384

 TITLE OF BILL :
An act to amend the real property tax law, in relation to authorizing
a tax abatement for certain rental property occupied by disabled
veterans


 PURPOSE OR GENERAL IDEA OF BILL :
To give municipalities that have rent controlled or rent stabilized
dwelling units the power to extend the tax abatement law, which now
applies only to senior citizens, to disabled veterans who qualify
under the income eligibility provision.

 SUMMARY OF SPECIFIC PROVISIONS :
The Section heading and paragraph b of subdivision 1 of section 467 b
of the real property tax law as amended by section 1 of chapter 188 of
the laws of 2005 are amended.

A municipality is empowered to pass a local law, ordinance, or
resolution granting a partial tax abatement to persons sixty-two years
or older who live in dwelling units subject to rent control or rent
stabilization where the increase over the legal regulated rent exceeds
one third of the householder's income.

Eligibility is tied to a household income ceiling of not more that six

thousand five hundred dollars. This amendment extends this tax
abatement formula to disabled veterans who live in rent controlled or
rent stabilized apartments.

 JUSTIFICATION :
This bill is a natural and appropriate extension to the tax abatement
for senior citizens who live in rent controlled or rent stabilized
dwelling units. Many disabled veterans live on fixed incomes. The
devastation of inflation hurts the disabled veteran no less than the
senior citizen. Affected language need not be used to argue for the
passage of this bill. Simply put, these men and women deserve a decent
standard of living. Those municipalities sensitive to disabled
veterans' needs should have this enabling legislation.

 PRIOR LEGISLATIVE HISTORY :
This bill was introduced in prior legislative sessions.

 FISCAL IMPLICATIONS :
This bill simply authorizes a locality to provide an exemption.

 EFFECTIVE DATE :
Immediately provided that the amendments made to section 467 -b of the
real property tax law made by section one of this act shall be subject
to the expiration and reversion of such section pursuant to section 17
of chapter 576 of the laws of 1974, as amended, when upon such date
the provisions of section two of this act shall take effect.

2009-S1384 (ACTIVE) - Bill Text download pdf

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

                                  1384

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced  by Sens. STAVISKY, ADAMS, DIAZ, C. JOHNSON, ONORATO, PARKER,
  SAMPSON, SERRANO -- read twice and ordered printed, and  when  printed
  to  be  committed  to the Committee on Veterans, Homeland Security and
  Military Affairs

AN ACT to amend the real property tax law, in relation to authorizing  a
  tax  abatement for certain rental property occupied by disabled veter-
  ans

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

  Section  1.  The  section  heading and paragraph b of subdivision 1 of
section 467-b of the real property tax law, as amended by section  1  of
chapter 188 of the laws of 2005, are amended to read as follows:
  Tax abatement for rent-controlled and rent regulated property occupied
by  senior  citizens [or], persons with CERTAIN disabilities OR VETERANS
WITH CERTAIN DISABILITIES.
  b. "Head of the household" means a person (i) who is  sixty-two  years
of  age  or  older,  or (ii) who qualifies as a person with a disability
pursuant to subdivision five of  this  section,  OR,  UPON  APPROVAL  BY
RESOLUTION, ORDINANCE OR LOCAL LAW BY A MUNICIPAL CORPORATION, (III) WHO
IS  A  DISABLED  VETERAN  AS DEFINED IN SECTION EIGHTY-FIVE OF THE CIVIL
SERVICE LAW, and is entitled to the possession or to the use or occupan-
cy of a dwelling unit;
  S 2. The section heading and paragraph b of subdivision 1  of  section
467-b  of  the real property tax law, as amended by section 2 of chapter
188 of the laws of 2005, are amended to read as follows:
  Tax abatement for rent controlled property occupied by senior citizens
[or], persons with CERTAIN disabilities OR VETERANS WITH  CERTAIN  DISA-
BILITIES.
  b.  "Head  of the household" means a person (i) who is sixty-two years
of age or older, or (ii) who qualifies as a  person  with  a  disability
pursuant  to  subdivision  five  of  this  section, OR, UPON APPROVAL BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04889-01-9

S. 1384                             2

RESOLUTION, ORDINANCE OR LOCAL LAW BY A MUNICIPAL CORPORATION, (III) WHO
IS A DISABLED VETERAN AS DEFINED IN SECTION  EIGHTY-FIVE  OF  THE  CIVIL
SERVICE LAW, AND is not a recipient of public assistance pursuant to the
social  services  law and is entitled to the possession or to the use or
occupancy of a dwelling unit;
  S 3. This act shall take effect immediately; provided that the  amend-
ments  to section 467-b of the real property tax law made by section one
of this act shall be subject to the expiration  and  reversion  of  such
section  pursuant  to  section 17 of chapter 576 of the laws of 1974, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.

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Senate Bill S1384

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2009-S1384 (ACTIVE) - Details

2009-S1384 (ACTIVE) - Summary

2009-S1384 (ACTIVE) - Sponsor Memo

2009-S1384 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1384

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Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2009-S1384 (ACTIVE) - Details

2009-S1384 (ACTIVE) - Summary

2009-S1384 (ACTIVE) - Sponsor Memo

2009-S1384 (ACTIVE) - Bill Text download pdf

Comments