S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6515
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2019
                                ___________
 
 Introduced  by  M.  of  A. GALEF, PAULIN, ABINANTI, LAVINE, ENGLEBRIGHT,
   D'URSO, JEAN-PIERRE, RAIA, MONTESANO -- Multi-Sponsored 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  municipal
   corporations  within  counties  having  a  population of between three
   hundred ten thousand and three hundred thirteen thousand,  or  with  a
   population of nine hundred forty-five thousand or more
 
   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 MUNICIPAL
 CORPORATION WITHIN A COUNTY WITH A POPULATION BETWEEN THREE HUNDRED  TEN
 THOUSAND  AND  THREE  HUNDRED THIRTEEN THOUSAND, OR WITH A POPULATION OF
 NINE HUNDRED FORTY-FIVE THOUSAND OR MORE, ACCORDING TO THE LAST DECENNI-
 AL CENSUS, FIFTY THOUSAND DOLLARS BEGINNING  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10208-01-9

 A. 6515                             2
 
 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 subpar-
 agraph  (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 perse-
 cution, 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  deter-
 mined  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  satisfactory  proof  that  such an exchange was solely an
 exchange of an annuity for an annuity contract that resulted in  a  non-
 taxable  transfer  determined  by  such  section of the internal revenue
 code. 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 proper-
 ty  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
 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.