S T A T E   O F   N E W   Y O R K
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                                 439--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

  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
thousand dollars beginning July first,  two  thousand  nine,  AND  FIFTY
THOUSAND  DOLLARS  BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN, 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  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.

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

                                                           LBD00448-02-4

S. 439--A                           2

  S 2. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, is amended to read as follows:
  d. "Eligible  head  of the household" means (1) a person or his or her
spouse who is sixty-two years of age or older and  is  entitled  to  the
possession  or  to  the  use and occupancy of a dwelling unit, provided,
however, with respect to a dwelling which  was  subject  to  a  mortgage
insured  or  initially  insured  by  the  federal government pursuant to
section two hundred thirteen of the National  Housing  Act,  as  amended
"eligible  head of the household" shall be limited to that person or his
or her spouse who was entitled to possession or the use and occupancy of
such dwelling unit at the time of  termination  of  such  mortgage,  and
whose  income  when combined with the income of all other members of the
household, does not exceed six thousand five  hundred  dollars  for  the
taxable  period,  or  such  other  sum  not less than sixty-five hundred
dollars nor 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 thousand dollars beginning July first,
two thousand nine, AND FIFTY THOUSAND DOLLARS BEGINNING JULY FIRST,  TWO
THOUSAND  SIXTEEN, as may be provided by local law; or (2) a person with
a disability as defined in this subdivision.
  S 3. 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
pursuant  to  chapter  576 of the laws of 1974, as amended, and shall be
deemed to expire therewith.