NY State Senate Bill 2017-S9146

Senate Bill S9146

2017-2018 Legislative Session

Increases allowable maximum income of certain persons otherwise eligible for tax abatement in the county of Nassau

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2018	referred to rules

co-Sponsors

2017-S9146 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467 & 459-c, RPT L

2017-S9146 (ACTIVE) - Summary

Increases allowable maximum income of certain persons otherwise eligible for tax abatement in the county of Nassau.

2017-S9146 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9146

SPONSOR: PHILLIPS
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to increasing the
allowable maximum income of certain persons otherwise eligible for tax
abatement in certain cases

 
PURPOSE:

To enhance the Senior Citizen Homeowners' Exemption (SCHE), and the
Disabled Homeowners' Exemption (DHE) programs for counties with a popu-
lation of between one million and one million four hundred

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 467 (3)(a) of the real property tax
law - for the SCHE program, beginning July 1, 2019, this bill permits a
county with a population of between one million and one million four
hundred to grant a fifty percent property-tax assessment reduction to

senior property owners whose income, or the combined income of all
owners of the property, does not exceed fifty thousand dollars.

Section 2 of the bill amends section 459-c (5) (a) of the real property
tax law - for the DHE program, beginning July 1, 2019, this bill permits
a county with a population of between one million and one million four
hundred to grant a fifty percent property-tax assessment reduction to
disabled property owners receiving enumerated disability benefits whose
income, or the combined income of all owners of the property, does not
exceed fifty thousand dollars.

 
EXISTING LAW:

The Senior Citizen Homeowners' Exemption (SCHE), and the Disabled Home
owners' Exemption (DHE) are statewide programs that help seniors and
disabled individuals to remain in their homes/communities by providing
tax exemptions.

SCHE provides a property tax exemption of up to 50 percent of the
assessed property value for senior residents who own one-, two-, or
three-family homes, condos, or co-op apartments who will be at least 65
years of age in the year they apply. DHE provides this exemption to
households where at least one owner has a documented physical or mental
disability not due to alcohol/drug use. SCHE/DHE have a combined income
limit of $29,000 for owners of households. The "sliding scale" option
permits localities to extend smaller assessed value reductions to owners
with a combined income above $29,000 but less than $37,400. EX: An
eligible senior or disabled homeowner with a combined income of $36,500
may receive, a 5% reduction in the assessed value of their home for
property tax purposes.

 
JUSTIFICATION:

This legislation will allow counties with a population of between one
million and one million four hundred to provide a fifty percent
exemption of the value of real property if the owner's income is $50,000
or less under the Senior Citizen Housing Exemption Program and the Disa-

bled Homeowners Exemption Program. This expansion of the SCHE and DHE
program will provide real relief to approximately 8,000 households.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately

2017-S9146 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9146
 
                             I N  S E N A T E
 
                              August 3, 2018
                                ___________
 
 Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the real property tax law, in relation to increasing the
   allowable maximum income of certain persons 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 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 IN A COUNTY
 WITH A POPULATION OF BETWEEN ONE MILLION AND ONE  MILLION  FOUR  HUNDRED
 THOUSAND  AS  OF THE LAST DECENNIAL CENSUS FIFTY THOUSAND DOLLARS BEGIN-
 NING JULY FIRST, TWO THOUSAND NINETEEN, as may be provided by the  local
 law,  ordinance  or  resolution adopted pursuant to this section. 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 proper-
 ty as provided in subparagraph (ii) of paragraph (d)  of  this  subdivi-
 sion,  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, divi-
 dends, total gain from the sale or exchange of a capital asset which may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14917-03-8

 S. 9146                             2
 
 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. Paragraph (a) of subdivision 5 of section 459-c of the real prop-
 erty  tax law, as amended by chapter 131 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  IN  A  COUNTY
 WITH  A  POPULATION  OF BETWEEN ONE MILLION AND ONE MILLION FOUR HUNDRED
 THOUSAND AS OF THE LAST DECENNIAL CENSUS FIFTY THOUSAND  DOLLARS  BEGIN-
 NING  JULY FIRST, TWO THOUSAND NINETEEN, as may be provided by the local
 law or resolution adopted pursuant to  this  section.  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  due  to
 divorce,  legal  separation  or abandonment, 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

 S. 9146                             3
 
 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  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 insur-
 ance, if the governing board of a municipality, after a public  hearing,
 adopts  a  local  law 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;
   § 3. This act shall take effect immediately and shall apply to  appli-
 cation  made for an exemption pursuant to this act for the county fiscal
 year commencing in 2019 and all county fiscal years thereafter.   Appli-
 cations  received for the county fiscal year commencing in 2019 shall be
 considered timely if they are filed on or before the one hundred twenti-
 eth day following the effective date of the local law  implementing  the
 provisions of this act.

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Senate Bill S9146

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Sponsored By

Elaine Phillips