S T A T E O F N E W Y O R K
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4139
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
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Introduced by M. of A. ENGLEBRIGHT, SWEENEY, ABBATE, COLTON -- Multi-
Sponsored by -- M. of A. GALEF, HOOPER, MILLMAN, PERRY, 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
REFLECT THE GRANTING OF A ONE HUNDRED PERCENT EXEMPTION OF THE REAL
PROPERTY TAXES APPORTIONED TO THE RENTAL UNIT, THAT HAVE AN INCOME EQUAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07544-01-3
A. 4139 2
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
LESS THAN (M + $11,300) 25%
(M + $11,300 OR MORE) BUT
A. 4139 3
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 PROPERTY 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.
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
A. 4139 4
DOLLARS AND SHALL DISQUALIFY THE APPLICANT HEAD OF HOUSEHOLD 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.