S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    247
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. BRAUNSTEIN, BARNWELL -- 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02931-01-9

 A. 247                              2
 
 HOWEVER,  THAT NO INDIVIDUAL SHALL BE ELIGIBLE FOR THE EXEMPTION AT MORE
 THAN ONE DWELLING UNIT.
   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.