NY State Senate Bill 2017-S3817A

Senate Bill S3817A

2017-2018 Legislative Session

Relates to income requirements for the real property school tax exemption granted to certain persons sixty-five years of age or over

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Archive: Last Bill Status - In Senate Committee Aging Committee

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
Jan 31, 2018	print number 3817a
Jan 31, 2018	amend and recommit to aging
Jan 03, 2018	referred to aging
Jan 27, 2017	referred to aging

Bill Amendments

Original

A (Active)

2017-S3817 - Details

See Assembly Version of this Bill:: A3146
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6868, A9408
2019-2020: S3609, A5335
2021-2022: S5311, A5908

2017-S3817 - Summary

Relates to income requirements for the real property school tax exemption granted to certain persons sixty-five years of age or over in high-appreciation municipalities; defines "high-appreciation municipality".

2017-S3817 - Sponsor Memo

                                 BILL NUMBER:  S3817

 TITLE OF BILL :

An act to amend the real property tax law, in relation to income
requirements for the real property school tax exemption granted to
persons sixty-five years of age or over in high-appreciation
municipalities

 PURPOSE :

To provide high appreciation municipalities with the opportunity to
elect to increase the income eligibility level for the real property
school tax exemption granted to persons sixty five years of age or
over.

 SUMMARY OF PROVISIONS :

Paragraph (a) of subdivision 3 of section 467 of the real property tax
law is amended to provide "high appreciation municipalities" with the
opportunity to elect to increase the income eligibility level to
$50,000 for the real property school tax exemption granted to person
sixty five years of age or over beginning July 1, 2017. For the
purposes of the paragraph a "high appreciation municipality" is
defined as: a) a special assessing unit that is a city; b) a county
for which the Commissioner has established a sales price differential

factor for purposes of the STAR exemption authorized by section 425 of
this title in three consecutive years and c) a city, town, village or
school district which is wholly or partly located within such county.

 JUSTIFICATION :

This legislation would allow a "high appreciation municipality" to
adopt a local law, ordinance or resolution to increase the income
eligibility level for the real property school tax exemption granted
to persons sixty five years of age or over from $29,000 to $50,000
beginning July 1, 2017. Under current law, these areas include Long
Island, New York City and the Hudson Valley. Under the State STAR
program, the maximum income level for the Enhanced STAR benefit for
senior citizens is $84,550. It is long over-due that the income
eligibility for the senior citizen property tax exemption be increased
in "high appreciation municipalities" that elect to do so.

 LEGISLATIVE HISTORY :

2016 S.6868/A.9408

 FISCAL IMPLICATIONS :

TBD.

 EFFECTIVE DATE :
Immediately.

2017-S3817 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3817                                                  A. 3146
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Aging
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Aging
 
 AN ACT to amend the  real  property  tax  law,  in  relation  to  income
   requirements  for  the  real  property school tax exemption granted to
   persons sixty-five years of age or over in  high-appreciation  munici-
   palities
 
   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 of  the  real
 property  tax  law,  as  amended  by chapter 259 of the laws of 2009, is
 amended to read as follows:
   (a) if the income of the owner or the combined income of the owners of
 the property for the income tax year immediately preceding the  date  of
 making  application  for  exemption  exceeds  the  sum of three thousand
 dollars, or such other sum not less than three thousand dollars nor more
 than 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
 SEVENTEEN IN A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT WHICH IS A
 "HIGH-APPRECIATION MUNICIPALITY", as may be provided by the  local  law,
 ordinance  or resolution adopted pursuant to this section.  FOR PURPOSES
 OF THIS SUBPARAGRAPH, A "HIGH-APPRECIATION MUNICIPALITY"  MEANS:  (A)  A
 SPECIAL  ASSESSING  UNIT  THAT  IS  A  CITY,  (B) A COUNTY FOR WHICH THE
 COMMISSIONER HAS ESTABLISHED  A  SALES  PRICE  DIFFERENTIAL  FACTOR  FOR
 PURPOSES  OF THE STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWEN-
 TY-FIVE OF THIS TITLE IN THREE CONSECUTIVE YEARS, AND (C) A CITY,  TOWN,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04112-01-7

 S. 3817                             2                            A. 3146
 
 VILLAGE OR SCHOOL DISTRICT WHICH IS WHOLLY OR PARTLY LOCATED WITHIN SUCH
 A  COUNTY.  Income tax year shall mean the twelve month period for which
 the owner or owners filed a federal personal income tax return, or if no
 such  return  is  filed,  the  calendar year.   Where title is vested in
 either the husband or the wife, their combined  income  may  not  exceed
 such  sum, except where the husband or wife, or ex-husband or ex-wife is
 absent from the property as provided in subparagraph (ii)  of  paragraph
 (d) of this subdivision, then only the income of the spouse or ex-spouse
 residing  on  the  property  shall be considered and may not exceed such
 sum. 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,  payments  made  to  individuals
 because  of  their  status as victims of Nazi persecution, as defined in
 P.L. 103-286 or monies earned through employment in the  federal  foster
 grandparent  program  and any such income shall be offset by all medical
 and prescription drug expenses actually paid which were  not  reimbursed
 or  paid  for  by  insurance,  if the governing board of a municipality,
 after a public hearing, adopts a  local  law,  ordinance  or  resolution
 providing  therefor.    Furthermore,  such  income shall not include the
 proceeds of a reverse mortgage, as authorized by section  six-h  of  the
 banking law, and sections two hundred eighty and two hundred eighty-a of
 the  real  property  law; provided, however, that monies used to repay a
 reverse mortgage may not be deducted from  income,  and  provided  addi-
 tionally  that any interest or dividends realized from the investment of
 reverse mortgage proceeds shall be considered income. The provisions  of
 this  paragraph  notwithstanding, such income shall not include veterans
 disability compensation, as defined in Title 38  of  the  United  States
 Code  provided  the  governing  board of such municipality, after public
 hearing, adopts a local law, ordinance or resolution providing therefor.
 In computing net rental income and net income  from  self-employment  no
 depreciation  deduction  shall  be  allowed for the exhaustion, wear and
 tear of real or personal property held for the production of income;
   § 2. This act shall take effect immediately.

2017-S3817A (ACTIVE) - Details

See Assembly Version of this Bill:: A3146
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6868, A9408
2019-2020: S3609, A5335
2021-2022: S5311, A5908

2017-S3817A (ACTIVE) - Summary

2017-S3817A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3817A

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to income
requirements for the real property school tax exemption granted to
persons sixty-five years of age or over in high-appreciation munici-
palities

 
PURPOSE:

To provide high appreciation municipalities with the opportunity to
elect to increase the income eligibility level for the real property
school tax exemption granted to persons sixty five years of age or over.

 
SUMMARY OF PROVISIONS:

Paragraph (a) of subdivision 3 of section 467 of the real property tax
law is amended to provide "high appreciation municipalities" with the
opportunity to elect to increase the income eligibility level to $50,000

for the real property school tax exemption granted to person sixty five
years of age or over beginning July 1, 2017. For the purposes of the
paragraph a "high appreciation municipality" is defined as: a) a special
assessing unit that is a city; b) a county for which the Commissioner
has established a sales price differential factor for purposes of the
STAR exemption authorized by section 425 of this title in three consec-
utive years and c) a city, town, village or school district which is
wholly or partly located within such county.

 
JUSTIFICATION:

This legislation would allow a "high appreciation municipality" to adopt
a local law, ordinance or resolution to increase the income eligibility
level for the real property school tax exemption granted to persons
sixty five years of age or over from $29,000 to $50,000 beginning July
1, 2017. Under current law, these areas include Long Island, New York
City and the Hudson Valley. Under the State STAR program, the maximum
income level for the Enhanced STAR benefit for senior citizens is
$84,550. It is long over-due that the income eligibility for the senior
citizen property tax exemption be increased in "high appreciation muni-
cipalities" that elect to do so.

 
LEGISLATIVE HISTORY:

2016 S.6868/A.9408

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
Immediately.

2017-S3817A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3817--A                                            A. 3146--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  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

 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to  the Committee on Aging -- recommitted to the Committee on Aging in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  real  property  tax  law,  in  relation  to  income
   requirements  for  the  real  property school tax exemption granted to
   persons sixty-five years of age or over in  high-appreciation  munici-
   palities
 
   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 of  the  real
 property  tax  law, as separately amended by chapters 131 and 279 of the
 laws of 2017, is amended to read as follows:
   (a) if the income of the owner or the combined income of the owners of
 the property for the income tax year immediately preceding the  date  of
 making  application  for  exemption  exceeds  the  sum of three thousand
 dollars, or such other sum not less than three thousand dollars nor more
 than 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,
 twenty-nine thousand dollars beginning July first,  two  thousand  nine,
 [and]  in a city with a population of one million or more fifty thousand
 dollars beginning July first, two thousand seventeen, AND FIFTY THOUSAND
 DOLLARS BEGINNING JULY FIRST, TWO THOUSAND SEVENTEEN IN A COUNTY,  CITY,

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

                                                            LBD04112-02-8

 S. 3817--A                          2                         A. 3146--A
 
 TOWN,  VILLAGE  OR SCHOOL DISTRICT WHICH IS A "HIGH-APPRECIATION MUNICI-
 PALITY", as may be provided by the local law,  ordinance  or  resolution
 adopted  pursuant  to  this section.   FOR PURPOSES OF THIS PARAGRAPH, A
 "HIGH-APPRECIATION  MUNICIPALITY"  MEANS:  (I)  A SPECIAL ASSESSING UNIT
 THAT IS A CITY, (II) A COUNTY FOR WHICH THE COMMISSIONER HAS ESTABLISHED
 A SALES PRICE DIFFERENTIAL FACTOR FOR PURPOSES  OF  THE  STAR  EXEMPTION
 AUTHORIZED  BY  SECTION  FOUR HUNDRED TWENTY-FIVE OF THIS TITLE IN THREE
 CONSECUTIVE YEARS, AND (III) A CITY, TOWN, VILLAGE  OR  SCHOOL  DISTRICT
 WHICH  IS WHOLLY OR PARTLY LOCATED WITHIN SUCH A COUNTY. Income tax year
 shall mean the twelve month period for which the owner or owners filed a
 federal personal income tax return, or if no such return is  filed,  the
 calendar  year. Where title is vested in either the husband or the wife,
 their combined income may not exceed such sum, except where the  husband
 or  wife,  or  ex-husband  or  ex-wife  is  absent  from the property as
 provided in subparagraph (ii) of paragraph (d) of this subdivision, then
 only the income of the spouse or  ex-spouse  residing  on  the  property
 shall  be  considered  and  may  not  exceed such sum. 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  capital  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,  payments  made  to  individuals  because of their
 status as victims of Nazi persecution, as defined  in  P.L.  103-286  or
 monies  earned  through  employment  in  the  federal foster grandparent
 program and  any  such  income  shall  be  offset  by  all  medical  and
 prescription  drug  expenses  actually paid which were not reimbursed or
 paid for by insurance, if the governing board of a municipality, after a
 public hearing, adopts a local law, ordinance  or  resolution  providing
 therefor.  In  addition,  an  exchange  of  an  annuity  for  an annuity
 contract, which resulted in non-taxable gain, as determined  in  section
 one thousand thirty-five of the internal revenue code, shall be excluded
 from  such income. Provided that such exclusion shall be based on satis-
 factory proof that such an exchange was solely an exchange of an annuity
 for an annuity contract that resulted in a non-taxable  transfer  deter-
 mined  by  such  section of the internal revenue code. Furthermore, such
 income shall not include the proceeds of a reverse mortgage, as  author-
 ized  by  section  six-h  of  the  banking law, and sections two hundred
 eighty and two hundred eighty-a of  the  real  property  law;  provided,
 however,  that  monies  used  to  repay  a  reverse  mortgage may not be
 deducted from income, and provided additionally  that  any  interest  or
 dividends  realized  from  the  investment  of reverse mortgage proceeds
 shall be considered income. The provisions of  this  paragraph  notwith-
 standing,  such  income  shall  not  include veterans disability compen-
 sation, as defined in Title 38 of the United States  Code  provided  the
 governing  board  of  such  municipality, after public hearing, adopts a
 local law, ordinance or resolution providing therefor. In computing  net
 rental  income  and  net  income  from  self-employment  no depreciation
 deduction shall be allowed for the exhaustion, wear and tear of real  or
 personal property held for the production of income;
   § 2. This act shall take effect immediately.

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