NY State Senate Bill S3085A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 08, 2022	signed chap.488
Aug 05, 2022	delivered to governor
May 24, 2022	returned to senate passed assembly ordered to third reading rules cal.395 substituted for a3956a
May 10, 2022	referred to ways and means delivered to assembly passed senate
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.974
Apr 27, 2022	print number 3085a
Apr 27, 2022	amend and recommit to aging
Jan 05, 2022	referred to aging returned to senate died in assembly
Feb 23, 2021	referred to aging delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.331
Jan 27, 2021	referred to aging

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S3085 - Details

See Assembly Version of this Bill:: A3956
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467 & 459-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7859, A10335
2017-2018: S772, A10297
2019-2020: S5557, A3149

S3085 - Summary

Increases the amount of income property owners may earn for the purpose of eligibility for the property tax exemption for persons over sixty-five years of age and persons with disabilities and limited income.

S3085 - Sponsor Memo

 
BILL NUMBER: S3085

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to increasing the
amount of income property owners may earn for the purpose of eligibility
for the property tax exemption for persons sixty-five years of age or
over and for persons with disabilities and limited income

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide certain income-eligible senior
citizens and persons with disabilities and limited income with relief
from the burden of increasing real property taxes.

 
SUMMARY OF PROVISIONS:

Section 1 amends real property tax law section 467 (3)(a)to raise the
maximum income eligibility for seniors to obtain a real property tax
exemption from $29,000 to $50,000 beginning July 1, 2021.

Section 2 amends real property tax law section 459- c (5) (a) , to raise
the maximum income eligibility for the disabled to obtain a real proper-
ty tax exemption from $29,000 to $50,000 beginning July 1, 2021.

Section 3 states that the act shall take effect immediately.

 
JUSTIFICATION:

New York State has a growing number of low-income seniors on fixed
incomes and persons with disabilities who have limited income who are
faced with ever increasing property taxes making it difficult for them
to continue to live in and maintain their own homes. To lessen the
burden of ever increasing property taxes this bill provides them with
much needed relief by allowing local governments the option to raise the
maximum income eligibility limit for the Senior Citizen Real Property
Tax Exemption program and the Persons with Disabilities Real Property
Tax Exemption from the current $37,399.99 to $50,000. The maximum income
eligibility for these exemptions has not been raised since 2009.

This bill would help some of New York's most vulnerable citizens stay in
their homes and remain in their communities.

 
PRIOR LEGISLATIVE HISTORY:

2016: 57859 (Stewart-Cousins) passed the Senate the senate; A10335
referred to Assembly aging

2017: 5772(Stewart-Cousins) passed the Senate

2018: 5772(Stewart-Cousins) Referred to Aging

2019:5557(Stewart-Cousins) passed the Senate

2020: S5557A (Stewart-Cousins) passed the Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State; however, this bill might result in the loss of reven-
ue for local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3085 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3085
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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
   amount of income property owners may earn for the purpose of eligibil-
   ity for the property tax exemption for persons sixty-five years of age
   or over and for persons with disabilities and limited income
 
   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,
 FIFTY THOUSAND DOLLARS BEGINNING JULY FIRST,  TWO  THOUSAND  TWENTY-ONE,
 and  in  a  city with a population of one million or more fifty thousand
 dollars beginning July first, two thousand seventeen, 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 property as provided in subparagraph (ii) of paragraph  (d)  of
 this subdivision, then only the income of the spouse or ex-spouse resid-
 ing  on  the  property  shall be considered and may not exceed such sum.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01417-01-1

 S. 3085                             2
 
 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. In addition, an exchange of an annuity for an annui-
 ty 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 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  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  FIFTY  THOUSAND  DOLLARS BEGINNING JULY FIRST, TWO THOUSAND TWENTY-
 ONE, and in a city with a population of one million or more fifty  thou-
 sand  dollars  beginning  July  first, two thousand seventeen, 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

 S. 3085                             3
 
 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  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 munici-
 pality, after a public hearing, adopts a local law or resolution provid-
 ing 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.

Co-Sponsors

S3085A (ACTIVE) - Details

See Assembly Version of this Bill:: A3956
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467 & 459-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7859, A10335
2017-2018: S772, A10297
2019-2020: S5557, A3149

S3085A (ACTIVE) - Summary

S3085A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3085A

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to increasing the
amount of income property owners may earn for the purpose of eligibility
for the property tax exemption for persons sixty-five years of age or
over and for persons with disabilities and limited income

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide certain income-eligible senior
citizens and persons with disabilities and limited income with relief
from the burden of increasing real property taxes.

 
SUMMARY OF PROVISIONS:

Section 1 amends real property tax law section 467 (3)(a)to raise the
maximum income eligibility for seniors to obtain a real property tax
exemption from $29,000 to $50,000 beginning July 1, 2022.

Section 2 amends real property tax law section 459- c (5) (a) , to raise
the maximum income eligibility for the disabled to obtain a real proper-
ty tax exemption from $29,000 to $50,000 beginning July 1, 2022.

Section 3 states that the act shall take effect immediately.

 
JUSTIFICATION:

New York State has a growing number of low-income seniors on fixed
incomes and persons with disabilities who have limited income who are
faced with ever increasing property taxes making it difficult for them
to continue to live in and maintain their own homes. To lessen the
burden of ever increasing property taxes this bill provides them with
much needed relief by allowing local governments the option to raise the
maximum income eligibility limit for the Senior Citizen Real Property
Tax Exemption program and the Persons with Disabilities Real Property
Tax Exemption from the current $37,399.99 to $50,000.  The maximum
income eligibility for these exemptions has not been raised since 2009.

This bill would help some of New York's most vulnerable citizens stay in
their homes and remain in their communities.

 
PRIOR LEGISLATIVE HISTORY:

2016: 57859 (Stewart-Cousins) passed the Senate the senate; A10335
referred to Assembly aging

2017: 5772(Stewart-Cousins) passed the Senate

2018: 5772(Stewart-Cousins) Referred to Aging

2019:5557(Stewart-Cousins) passed the Senate

2020: S5557A (Stewart-Cousins) passed the Senate

2021: S3085 (Stewart-Cousins) passed the Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State; however, this bill might result in the loss of reven-
ue for local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3085A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3085--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Aging  --  recom-
   mitted  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

 AN ACT to amend the real property tax law, in relation to increasing the
   amount of income property owners may earn for the purpose of eligibil-
   ity for the property tax exemption for persons sixty-five years of age
   or over and for persons with disabilities and limited income
 
   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 558 of the laws of 2021, 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,
 FIFTY  THOUSAND  DOLLARS  BEGINNING JULY FIRST, TWO THOUSAND TWENTY-TWO,
 and in a city with a population of one million or  more  fifty  thousand
 dollars beginning July first, two thousand seventeen, as may be provided
 by  the  local  law,  ordinance  or  resolution adopted pursuant to this
 section. Where the taxable status date is on or before April fourteenth,
 income tax year shall mean the twelve-month period for which  the  owner
 or owners filed a federal personal income tax return for the year before
 the  income  tax  year immediately preceding the date of application and
 where the taxable status date is on or after April fifteenth, income tax
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01417-02-2

 S. 3085--A                          2
 
 year shall mean the twelve-month period for which the  owner  or  owners
 filed a federal personal income tax return for the income tax year imme-
 diately  preceding  the  date  of  application. 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. In addition, an exchange of an annuity for an annui-
 ty 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 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  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  FIFTY  THOUSAND  DOLLARS BEGINNING JULY FIRST, TWO THOUSAND TWENTY-
 TWO, and in a city with a population of one million or more fifty  thou-
 sand  dollars  beginning  July  first, two thousand seventeen, as may be
 provided by the  local  law  or  resolution  adopted  pursuant  to  this
 S. 3085--A                          3
 
 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 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 insurance, if the governing board of a munici-
 pality, after a public hearing, adopts a local law or resolution provid-
 ing 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.

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The New York State Senate

senate Bill S3085A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

May 3, 2022 - Aging committee Vote

Aging Committee Vote: May 3, 2022

Feb 23, 2021 - floor Vote

Floor Vote: Feb 23, 2021

Feb 9, 2021 - Aging committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

S3085 - Details

S3085 - Summary

S3085 - Sponsor Memo

S3085 - Bill Text download pdf

Co-Sponsors

S3085A (ACTIVE) - Details

S3085A (ACTIVE) - Summary

S3085A (ACTIVE) - Sponsor Memo

S3085A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3085A

Share this bill

Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

May 3, 2022 - Aging committee Vote

Aging Committee Vote: May 3, 2022

Feb 23, 2021 - floor Vote

Floor Vote: Feb 23, 2021

Feb 9, 2021 - Aging committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

S3085 - Details

S3085 - Summary

S3085 - Sponsor Memo

S3085 - Bill Text download pdf

Co-Sponsors

Pamela Helming

Anna M. Kaplan

S3085A (ACTIVE) - Details

S3085A (ACTIVE) - Summary

S3085A (ACTIVE) - Sponsor Memo

S3085A (ACTIVE) - Bill Text download pdf

Comments