S T A T E O F N E W Y O R K
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7444
I N S E N A T E
May 17, 2012
___________
Introduced by Sen. GOLDEN -- 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, increasing the combined
household income limit for eligibility for a senior citizen rent
increase exemption (SCRIE)
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, 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 applica-
tion, 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] (I) FOR A DWELLING UNIT WHERE THE HEAD OF THE
HOUSEHOLD IS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER, WITH NO RESIDING
SPOUSE, 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 THIRTY THOUSAND DOLLARS, PROVIDED THAT WHEN THE
HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF SUCH INCOME TAX
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15843-01-2
S. 7444 2
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; AND
(II) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD IS A PERSON
SIXTY-TWO YEARS OF AGE OR OLDER, WITH A RESIDING SPOUSE, NO TAX ABATE-
MENT 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 FIFTY-FIVE THOUSAND DOLLARS, 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. 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
and shall be deemed to expire therewith.