S T A T E O F N E W Y O R K
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8128
2017-2018 Regular Sessions
I N A S S E M B L Y
May 31, 2017
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Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Cities
AN ACT to amend the real property tax law, in relation to providing
certain elderly individuals with an exemption from increases in water
rates
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-aa to read as follows:
§ 467-AA. WATER RATE FREEZE IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "QUALIFIED RESIDENT" MEANS A PERSON WHO IS AT LEAST SIXTY-TWO
YEARS OF AGE AND HAS HAD A TOTAL HOUSEHOLD INCOME OF LESS THAN FIFTY
THOUSAND DOLLARS FOR TWO CONSECUTIVE INCOME TAX YEARS BEGINNING IN TWO
THOUSAND FIFTEEN, AS VERIFIED BY THE NEW YORK CITY DEPARTMENT OF
FINANCE;
(B) "EXEMPTION" MEANS THE EXEMPTION TO FUTURE WATER RATE INCREASES
PROVIDED IN SUBDIVISION TWO OF THIS SECTION; AND
(C) "PRIMARY DOMICILE" MEANS REAL PROPERTY OWNED BY ONE OR MORE
PERSONS, EACH OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OVER, OR REAL PROP-
ERTY OWNED BY HUSBAND AND WIFE OR BY SIBLINGS, ONE OF WHOM IS SIXTY-FIVE
YEARS OF AGE OR OVER, OR REAL PROPERTY OWNED BY ONE OR MORE PERSONS,
SOME OF WHOM QUALIFY UNDER THIS SECTION AND THE OTHERS OF WHOM QUALIFY
UNDER SECTION FOUR HUNDRED FIFTY-NINE-C OF THIS TITLE. FOR THE PURPOSES
OF THIS SECTION, SIBLING SHALL MEAN A BROTHER OR A SISTER, WHETHER
RELATED THROUGH HALF BLOOD, WHOLE BLOOD OR ADOPTION.
2. EXEMPTION. A QUALIFIED RESIDENT OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE SHALL BE ELIGIBLE FOR AN EXEMPTION TO ANY FUTURE WATER
RATE INCREASES AT THE PRIMARY DWELLING OF SUCH INDIVIDUAL; PROVIDED,
HOWEVER, THAT NO INDIVIDUAL SHALL BE ELIGIBLE FOR THE EXEMPTION AT MORE
THAN ONE DWELLING UNIT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11047-04-7
A. 8128 2
3. TEMPORARY SUSPENSION OF EXEMPTION. THE EXEMPTION MAY BE SUSPENDED
FOR NO MORE THAN ONE CALENDAR YEAR IN THE EVENT OF A DROUGHT OR EXTRAOR-
DINARY CATASTROPHIC ENVIRONMENTAL EVENT AS DETERMINED JOINTLY BY THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION AND THE COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK.
4. ELIGIBILITY. AN INDIVIDUAL'S ENROLLMENT IN THE SENIOR CITIZEN HOME-
OWNER EXEMPTION PROVIDED IN SECTION 11-245.3 OF THE ADMINISTRATIVE CODE
OF THE CITY OF NEW YORK OR THE EXEMPTION FOR PERSONS WITH DISABILITIES
PROVIDED IN SECTION 11-245.4 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK SHALL NOT PRECLUDE AN OTHERWISE QUALIFIED RESIDENT FROM ELIGI-
BILITY FOR THE EXEMPTION PROVIDED IN THIS SECTION.
5. PREEMPTION. THE PROVISIONS OF THIS SECTION SHALL EXCLUSIVELY GOVERN
THE EXEMPTION ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION NOTWITH-
STANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY; AND FURTHER,
NO LOCAL LAW SHALL BE ENACTED WHICH SHALL PURPORT TO EXPAND OR CURTAIL
THE EXEMPTION ESTABLISHED HEREIN.
§ 2. This act shall take effect immediately.