Senate Bill S4493

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4493
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- 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
   combined household income limit for eligibility for a  senior  citizen
   rent  increase  exemption  (SCRIE)    and for a municipal property tax
   abatement for rent-controlled and rent regulated property occupied  by
   senior citizens on the basis of the consumer price index
 
   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 amended by section 1 of part U of chapter 55 of the
 laws of 2014, 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, twenty-nine thousand
 dollars beginning July first, two  thousand  nine,  and  fifty  thousand
 dollars  beginning July first, two thousand fourteen, 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.  THE MAXIMUM INCOME THRESHOLD PROVIDED FOR HEREIN
 SHALL BE INCREASED BY ORDER OF THE COMMISSIONER OF THE STATE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL  ON JANUARY FIRST OF EACH YEAR TO  REFLECT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08285-01-7

 S. 4493                             2
 
 ANY  INCREASE  IN  THE  REGIONAL  CONSUMER  PRICE  INDEX  FOR  THE N.Y.,
 N.Y.-NORTHEASTERN, N.J. AREA, BASED UPON THE INDEX FOR ALL URBAN CONSUM-
 ERS (CPI-U) DURING THE PRECEDING TWELVE MONTH PERIOD.
   § 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,  subparagraph 1 as amended by section 2 of part U of chapter 55 of
 the laws of 2014, 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,  twenty-nine thousand dollars beginning July first, two
 thousand nine, and fifty thousand  dollars  beginning  July  first,  two
 thousand fourteen, as may be provided by local law; or (2) a person with
 a disability as defined in this subdivision.  THE MAXIMUM INCOME THRESH-
 OLD  PROVIDED FOR HEREIN SHALL BE INCREASED BY ORDER OF THE COMMISSIONER
 OF THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL  ON JANUARY FIRST
 OF EACH YEAR TO REFLECT ANY INCREASE  IN  THE  REGIONAL  CONSUMER  PRICE
 INDEX  FOR  THE N.Y., N.Y.-NORTHEASTERN, N.J. AREA, BASED UPON THE INDEX
 FOR ALL URBAN CONSUMERS (CPI-U) DURING THE PRECEDING TWELVE MONTH  PERI-
 OD.
   §  3. This act shall take effect immediately, provided that the amend-
 ment to paragraph a of subdivision 3 of section 467-b of the real  prop-
 erty  tax law made by section one of this act shall not affect the expi-
 ration of such paragraph pursuant to section 4 of part U of  chapter  55
 of  the  laws  of  2014,  as  amended, or the expiration of such section
 pursuant to section 17 of chapter 576 of the laws of 1974,  as  amended,
 and  shall  be deemed to expire therewith and provided further, however,
 that the amendments to subparagraph 1 of paragraph d of subdivision 1 of
 section 467-c of the real property tax law, made by section two of  this
 act  shall  not  affect  the expiration of such subparagraph pursuant to
 section 4 of part U of chapter 55 of the laws of 2014, as  amended,  and
 shall be deemed expired therewith.