S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9032
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  authorizing
   eligibility  for  SCRIE  and DRIE for tenants of properties located in
   battery park city (Part A); to amend the real  property  tax  law,  in
   relation to authorizing eligibility for the senior citizen homeowners'
   exemption  (SCHE)  and  the  disabled  homeowners' exemption (DHE) for
   property in battery park city (Part B); to amend the  public  authori-
   ties  law, in relation to freezing an eligible homeowner's ground rent
   in the Battery Park project area (Part C); and directing  the  battery
   park  city  authority  to  extend  its lease with the city of New York
   (Part D)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   This act enacts into law major components of legislation
 relating to Battery Park city. Each component is wholly contained within
 a Part identified as Parts A through D.  The  effective  date  for  each
 particular provision contained within such Part is set forth in the last
 section  of  such  Part. Any provision in any section contained within a
 Part, including the effective date of the Part, which makes a  reference
 to a section "of this act", when used in connection with that particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. The section heading, paragraphs b and i of  subdivision  1,
 subdivision 2, the opening paragraph of paragraph b of subdivision 3 and
 subdivisions  6,  7 and 8 of section 467-c of the real property tax law,
 the section heading as amended by chapter 188 of the laws of 2005, para-
 graph b of subdivision 1 and the opening paragraph  of  paragraph  b  of
 subdivision  3  as  amended and paragraph i of subdivision 1 as added by
 chapter 420 of the laws of 1991, subdivisions 2, 6, 7 and 8 as added  by

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15457-01-2
 S. 9032                             2
 
 chapter 208 of the laws of 1975, are amended and a new subdivision 13 is
 added to read as follows:
   Exemption for property owned by certain housing companies OR LEASED BY
 THE  BATTERY  PARK  CITY  AUTHORITY  and  occupied by senior citizens or
 persons with disabilities.
   b. "Dwelling unit" means that part of a dwelling in which an  eligible
 head  of the household resides and which is subject to the provisions of
 [either]: (1) Article II, IV, V, or XI of the  private  housing  finance
 law; or (2) that part of a dwelling which was or continues to be 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, in which an eligible head of the household resides;  OR  (3)  A
 SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY.
   i.  "Maximum  rent" means the maximum rent, excluding gas and electric
 utility charges, which has been authorized or approved  by  the  commis-
 sioner or the supervising agency or the legal regulated rent established
 for  the  dwelling unit pursuant to the provisions of either Article II,
 IV, V or XI of the private housing finance law,  or  the  rental  estab-
 lished  for  a  cooperatively  owned  dwelling unit previously regulated
 pursuant to the provisions of Article II, IV, V or  XI  of  the  private
 housing  finance  law;  or  such  approved rent for a dwelling unit in a
 dwelling 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; or such rent established for a  dwell-
 ing unit 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; OR THE RENT ESTABLISHED PURSUANT TO  A
 REGULATORY  AGREEMENT  BETWEEN  THE  BATTERY PARK CITY AUTHORITY AND THE
 LANDLORD.
   2. The governing body of any city having a population of  one  million
 or  more,  acting  through its local legislative body or other governing
 agency is hereby authorized and empowered to adopt and amend local  laws
 or ordinances providing that real property of a housing company OR LAND-
 LORD  WHO  IS SUBJECT TO A SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY
 shall be exempt from real property taxes OR PAYMENTS IN  LIEU  OF  TAXES
 (PILOT),  in  an  amount  equal to the rent increase exemptions actually
 credited to eligible heads of households pursuant to this  section.  Any
 such  exemption shall be in addition to any other exemption or abatement
 of taxes authorized by law.
   notwithstanding any other provision of law, when a head of the  house-
 hold  to  whom  a then current, valid tax abatement certificate has been
 issued moves his principal residence from one dwelling unit  subject  to
 this  section, to the local emergency housing rent control law or to the
 emergency tenant protection act of nineteen seventy-four to a subsequent
 dwelling unit which is subject to the provisions of articles II,  IV,  V
 or XI of the private housing finance law or which is or 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,
 OR WHICH IS SUBJECT TO THE PROVISIONS OF A SUBLEASE BETWEEN THE LANDLORD
 AND THE BATTERY PARK CITY AUTHORITY and which is located within the same
 municipal  corporation,  the  head  of the household may apply for a tax
 abatement certificate relating to the subsequent dwelling unit,  subject
 to  any terms and conditions imposed by reason of any fund created under
 subdivision eight of this section, and such certificate may provide that
 the head of the household shall be exempt from paying  that  portion  of
 S. 9032                             3
 
 the  maximum  rent  or  legal regulated rent for the subsequent dwelling
 unit which is the least of the following:
   6.  Any such local law or ordinance may provide that upon receipt of a
 copy of the rent increase exemption order/tax abatement certificate, the
 housing company managing the dwelling unit OR THE LANDLORD OF THE DWELL-
 ING UNIT, SUBJECT TO A SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY, of
 the eligible head of the household shall promptly accord to the eligible
 head of the household covered by such order/certificate the  appropriate
 credit  against  the monthly maximum rent then or thereafter payable. To
 the extent the full amount of such credit has not been accorded for  any
 past period since the effective date specified in the order/certificate,
 the  housing company OR LANDLORD shall credit the total aggregate amount
 not so credited to the monthly maximum rent  next  payable  or  to  such
 subsequent  monthly  maximum rents as the supervising agency may author-
 ize. It shall be illegal to collect any amount for which a rent increase
 exemption order/tax abatement certificate provides credit or to withhold
 credit for  any  such  amounts  already  collected,  and  collection  or
 retention of any such amount for a dwelling unit occupied by such eligi-
 ble  head  of  the household shall be deemed a rent overcharge, and upon
 conviction therefor the  housing  company  and  its  directors  and  any
 employee  and  any  agent  responsible  therefor OR THE LANDLORD AND ANY
 EMPLOYEE AND ANY AGENT RESPONSIBLE THEREFOR shall be guilty of a  misde-
 meanor,  punishable  by  a  fine  not  to exceed one thousand dollars or
 imprisonment not to exceed six months, or both.
   7. Any such local law or ordinance may provide that in order to obtain
 the [tax] benefits to which it is entitled under this section, a housing
 company OR LANDLORD WHO IS SUBJECT TO A SUBLEASE WITH THE  BATTERY  PARK
 CITY  AUTHORITY  must  file with the collecting officer charged with the
 duty of collecting taxes OR PILOT of the municipality a  sworn  applica-
 tion,  in  such  form  as  such officer may prescribe, for any quarterly
 period in which the housing company OR LANDLORD has accorded an eligible
 head of the household an exemption hereunder from  the  payment  of  the
 maximum  rent.  Subject to prior or subsequent verification thereof, the
 collecting officer shall credit the  total  amount  of  such  exemptions
 actually  accorded to occupants of dwelling units contained in the prop-
 erty against the real property taxes OR  PILOT  otherwise  payable  with
 respect to the property. The housing company OR LANDLORD shall attach to
 such application copies of all rent increase exemption orders/tax abate-
 ment  certificates issued to eligible heads of the household residing in
 dwelling units in such real property.
   8. Any such local law or ordinance may provide that in the event  that
 the  real  property of a housing company OR LANDLORD WHO IS SUBJECT TO A
 SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY  containing  one  or  more
 dwelling  units  shall  be  totally exempt from local and municipal real
 property taxes OR  PILOT  for  any  fiscal  year  as  a  result  of  the
 exemptions  from  maximum  rent  credited  pursuant  to this section, or
 otherwise, such municipality may make or contract to make payments to  a
 housing company OR LANDLORD in an amount not exceeding the amount neces-
 sary  to  reimburse the housing company OR LANDLORD for the total dollar
 amount of all exemptions from the payment of the maximum  rent  accorded
 pursuant  to this section to eligible heads of the household residing in
 dwelling units in such real property.
   A municipality may create and establish a fund in order to provide for
 the payments made in accordance with contracts entered into pursuant  to
 this subdivision. There may be paid into such fund (1) all of the rental
 surcharges  collected  by the municipality from housing companies organ-
 S. 9032                             4
 
 ized and existing pursuant to Articles II, IV, V and XI of  the  private
 housing  finance  law  and (2) any moneys appropriated or otherwise made
 available by the municipality for the purpose of such fund.
   13. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW,  ORDINANCE  OR  RESOLUTION  MAY  PROVIDE FOR THE ABATEMENT OF PILOT
 IMPOSED ON REAL PROPERTY SUBJECT TO THE PROVISIONS OF  A  SUBLEASE  WITH
 THE  BATTERY  PARK  CITY  AUTHORITY  WHERE SUCH LANDLORD IS SUBJECT TO A
 REGULATORY AGREEMENT TO LIMIT INCREASES IN MAXIMUM RENT.
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Section 467 of the real property tax law, as added by chap-
 ter 616 of the laws of 1966, subdivisions 1 and 3 as amended by  chapter
 440  of  the  laws of 1985, paragraph (a) of subdivision 1 as amended by
 chapter 348 of the laws of 2007,  paragraph  (b)  of  subdivision  1  as
 amended  by chapter 261 of the laws of 1994, subparagraph 3 of paragraph
 (b) of subdivision 1 as added by chapter 402 of the laws of 1995,  para-
 graph (c) of subdivision 1 as amended by section 11 of part E of chapter
 83  of  the  laws of 2002, subdivision 2 as amended by chapter 72 of the
 laws of 2005, paragraph (a) of subdivision 3 as amended by  chapter  558
 of  the laws of 2021, paragraph (b) of subdivision 3 as amended by chap-
 ter 409 of the laws of 1995, paragraph (d) of subdivision 3  as  amended
 by  chapter 145 of the laws of 1992, subdivision 3-a as added and subdi-
 vision 4 as amended by chapter 406 of the laws of 1995,  paragraphs  (a)
 and  (b)  of  subdivision  3-a  as amended by chapter 407 of the laws of
 1995, paragraph (c) of subdivision 3-a as amended by chapter 49  of  the
 laws  of  1996,  subdivision  3-b as added by chapter 313 of the laws of
 1996 and as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, subdivision 4-a as added by chapter  434
 of the laws of 2007, paragraph (a) of subdivision 4-a as further amended
 by  subdivision  (b) of section 1 of part W of chapter 56 of the laws of
 2010, subdivision 5 as amended by chapter 309 of the laws of 1990 and as
 further amended by subdivision (b) of section 1 of part W of chapter  56
 of the laws of 2010, subdivision 5-a as added by chapter 769 of the laws
 of  1992,  subdivision  5-b as added by chapter 571 of the laws of 1996,
 subdivision 5-c as added by chapter 362 of the laws of 1997, subdivision
 6 as amended by chapter 395 of the laws of 1989, paragraph (a) of subdi-
 vision 6 as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, paragraphs (b) and (c) of subdivision  6
 as amended by chapter 471 of the laws of 1990, paragraph (b) of subdivi-
 sion  6  as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, subdivision 7 as added by chapter 616 of
 the laws of 1966 and as renumbered by chapter 710 of the laws  of  1976,
 subdivision  8  as added by chapter 534 of the laws of 1984, subdivision
 8-a as added by section 2 of part D of chapter 60 of the laws  of  2016,
 subdivision  9 as added by chapter 410 of the laws of 1995, subparagraph
 (i) of paragraph (a) and subparagraph (i) of paragraph (b)  of  subdivi-
 sion  9  as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, subdivision 10 as amended by chapter 270
 of the laws of 1999, and subdivision 11 as added by section 1 of part QQ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   § 467. Persons sixty-five years of age or over. 1.  (a) Real  property
 owned by one or more persons, each of whom is sixty-five years of age or
 over,  or real property 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
 S. 9032                             5
 
 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,
 shall  be  exempt  from PAYMENTS IN LIEU OF TAXES (PILOT) TO THE BATTERY
 PARK  CITY  AUTHORITY  OR  FROM taxation by any municipal corporation in
 which located to the extent of fifty per centum of  the  assessed  valu-
 ation  thereof, provided the governing board of such municipality, after
 public hearing, adopts a local law, ordinance  or  resolution  providing
 therefor. For the purposes of this section, sibling shall mean a brother
 or  a  sister,  whether  related  through  half  blood,  whole  blood or
 adoption.
   (b) (1) Any local law, ordinance or  resolution  adopted  pursuant  to
 paragraph  (a) of this subdivision may be amended, or a local law, ordi-
 nance or resolution may be adopted, to provide an  exemption  so  as  to
 increase  the  maximum income eligibility level of such municipal corpo-
 ration as provided in subdivision three of this section (represented  in
 the  hereinbelow schedule as M), to the extent provided in the following
 schedule:
 
     ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION
                                           EXEMPT FROM TAXATION OR PILOT
 
 More than (M) but
    less than (M+ $1,000)                           45 per centum
 (M+ $1,000 or more) but
    less than (M+ $2,000)                           40 per centum
 (M+ $2,000 or more) but
    less than (M+ $3,000)                           35 per centum
 (M+ $3,000 or more) but
    less than (M+ $3,900)                           30 per centum
 (M+ $3,900 or more) but
    less than (M+ $4,800)                           25 per centum
 (M+ $4,800 or more) but
    less than (M+ $5,700)                           20 per centum
 
   (2) Any local law, ordinance or resolution adopted pursuant to subpar-
 agraph one of this paragraph may be amended, or a local  law,  ordinance
 or  resolution may be adopted, to provide an exemption so as to increase
 the maximum income eligibility level of such  municipal  corporation  as
 provided  in subdivision three of this section (represented in the here-
 inbelow schedule as M), and as increased as provided for in such subpar-
 agraph one to the extent provided in the following schedule:
 
     ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION
                                           EXEMPT FROM TAXATION OR PILOT
 
 (M+ $5,700 or more) but
    less than (M+ $6,600)                            15 per centum
 (M+ $6,600 or more) but
    less than (M+ $7,500)                            10 per centum
 
   (3) Any local law, ordinance or resolution adopted pursuant to subpar-
 agraphs one and two of this paragraph may be amended, or  a  local  law,
 ordinance or resolution may be adopted, to provide an exemption so as to
 increase  the  maximum income eligibility level of such municipal corpo-
 ration as provided in subdivision three of this section (represented  in
 S. 9032                             6
 
 the hereinbelow schedule as M), and as increased as provided for in such
 subparagraph one to the extent provided in the following schedule:
 
     ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION
                                           EXEMPT FROM TAXATION OR PILOT
 
 (M+ $7,500 or more)
     but less than (M+ $8,400)                        5 per centum
 
   (c) Any exemption provided by this section shall be computed after all
 other partial exemptions allowed by law, excluding the school tax relief
 (STAR)  exemption authorized by section four hundred twenty-five of this
 title, have been subtracted from the total amount assessed.
   (d) The real property tax OR PILOT exemption on real property owned by
 husband and wife, one of whom is sixty-five years of age or  over,  once
 granted,  shall  not  be  rescinded  by any municipal corporation solely
 because of the death of the older spouse so long as the surviving spouse
 is at least sixty-two years of age.
   2. Exemption from taxation for school purposes shall not be granted in
 the case of real property where a child resides if such child attends  a
 public school of elementary or secondary education, unless the governing
 board  of  the  school  district in which the property is located, after
 public hearing,  adopts  a  resolution  providing  for  such  exemption;
 provided  that  any  such resolution shall condition such exemption upon
 satisfactory proof that the child was not brought into the residence  in
 whole  or  in substantial part for the purpose of attending a particular
 school within the district. The procedure for such  hearing  and  resol-
 ution  must  be  conducted separately from the procedure for any hearing
 and local law, ordinance or resolution conducted pursuant  to  paragraph
 (a) of subdivision one of this section.
   3. No exemption shall be granted:
   (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, 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
 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,
 S. 9032                             7
 
 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;
   (b) unless the owner shall have held an exemption under  this  section
 for  his  previous  residence  or unless the title of the property shall
 have been vested in the owner or one of the owners of the  property  for
 at  least twelve consecutive months prior to the date of making applica-
 tion for exemption, provided, however, that in the event of the death of
 either a husband or wife in whose name title of the property shall  have
 been  vested  at the time of death and then becomes vested solely in the
 survivor by virtue of devise by or descent from the deceased husband  or
 wife,  the  time of ownership of the property by the deceased husband or
 wife shall be deemed also a time of ownership by the survivor  and  such
 ownership  shall be deemed continuous for the purposes of computing such
 period of twelve consecutive months. In  the  event  of  a  transfer  by
 either a husband or wife to the other spouse of all or part of the title
 to the property, the time of ownership of the property by the transferor
 spouse shall be deemed also a time of ownership by the transferee spouse
 and  such  ownership  shall  be  deemed  continuous  for the purposes of
 computing such period of twelve consecutive months.  Where  property  of
 the owner or owners has been acquired to replace property formerly owned
 by such owner or owners and taken by eminent domain or other involuntary
 proceeding,  except  a  tax  sale, the period of ownership of the former
 property shall be combined with the period of ownership of the  property
 for  which  application is made for exemption and such periods of owner-
 ship shall be deemed to be consecutive for  purposes  of  this  section.
 Where  a residence is sold and replaced with another within one year and
 S. 9032                             8
 
 both residences are within the state, the period of  ownership  of  both
 properties  shall  be  deemed  consecutive for purposes of the exemption
 from  taxation  by  a  municipality  within  the  state  granting   such
 exemption. Where the owner or owners transfer title to property which as
 of  the  date  of  transfer  was exempt from taxation OR PILOT under the
 provisions of this section, the reacquisition of title by such owner  or
 owners  within  nine  months  of the date of transfer shall be deemed to
 satisfy the requirement of this paragraph that the title of the property
 shall have been vested in the owner or one of the owners for such period
 of twelve consecutive months. Where, upon or subsequent to the death  of
 an owner or owners, title to property which as of the date of such death
 was exempt from taxation OR PILOT under such provisions, becomes vested,
 by  virtue of devise or descent from the deceased owner or owners, or by
 transfer by any other means within nine months after such death,  solely
 in  a  person or persons who, at the time of such death, maintained such
 property as a primary residence, the requirement of this paragraph  that
 the  title of the property shall have been vested in the owner or one of
 the owners for such period of twelve consecutive months shall be  deemed
 satisfied;
   (c)  unless the property is used exclusively for residential purposes,
 provided, however, that in the event any portion of such property is not
 so used exclusively for residential  purposes  but  is  used  for  other
 purposes,  such  portion  shall  be subject to taxation OR PILOT and the
 remaining portion only shall be entitled to the  exemption  provided  by
 this section;
   (d) unless the real property is the legal residence of and is occupied
 in  whole or in part by the owner or by all of the owners of the proper-
 ty: except where, (i) an  owner  is  absent  from  the  residence  while
 receiving  health-related  care  as an inpatient of a residential health
 care facility, as defined in section twenty-eight  hundred  one  of  the
 public  health  law,  provided  that  any income accruing to that person
 shall only be income only to the extent that it exceeds the amount  paid
 by  such  owner,  spouse,  or  co-owner  for  care  in the facility, and
 provided further, that during such  confinement  such  property  is  not
 occupied  by  other  than the spouse or co-owner of such owner; or, (ii)
 the real property is owned by a husband and/or wife,  or  an  ex-husband
 and/or  an  ex-wife,  and  either  is  absent  from the residence due to
 divorce, legal separation or abandonment and  all  other  provisions  of
 this  section  are  met  provided that where an exemption was previously
 granted when both resided on the property, then the person remaining  on
 the real property shall be sixty-two years of age or over.
   3-a.  (a)  For  the purposes of this section, title to that portion of
 real property owned by a cooperative apartment corporation  in  which  a
 tenant-stockholder  of such corporation resides and which is represented
 by his share or shares of stock in such corporation as determined by its
 or their proportional relationship to the total outstanding stock of the
 corporation, including that owned by the corporation, shall be deemed to
 be vested in such tenant-stockholder.
   (b) That proportion of the assessment of such real property owned by a
 cooperative apartment corporation determined by the relationship of such
 real property vested in such tenant-stockholder to  such  entire  parcel
 and  the  buildings  thereon  owned by such cooperative apartment corpo-
 ration in which such tenant-stockholder  resides  shall  be  subject  to
 exemption  from  taxation  OR  PILOT  pursuant  to  this section and any
 exemption so granted shall be credited by the appropriate taxing author-
 ity against the assessed valuation of such real property; the  reduction
 S. 9032                             9
 
 in  real  property  taxes OR PILOT realized thereby shall be credited by
 the cooperative apartment corporation against the amount of  such  taxes
 OR PILOT otherwise payable by or chargeable to such tenant-stockholder.
   (c)  Real  property  may  be exempt from taxation OR PILOT pursuant to
 this subdivision by a municipality in which  such  property  is  located
 only  if the governing board of such municipality, after public hearing,
 adopts  a  local  law,  ordinance  or  resolution  providing   therefor.
 Notwithstanding  any  provision  of  law to the contrary, any local law,
 ordinance or resolution adopted pursuant to this paragraph may  provide,
 or  be  amended  to  provide, that a tenant-stockholder who resides in a
 dwelling which is subject to the provisions of either article two, four,
 five or eleven of the private housing finance law and  who  is  eligible
 for  a  rent  increase exemption pursuant to section four hundred sixty-
 seven-c of this title shall not be eligible for an exemption pursuant to
 this subdivision and that a tenant-stockholder who resides in a dwelling
 which is subject to the provisions of either article two, four, five  or
 eleven  of the private housing finance law and who is not eligible for a
 rent increase exemption pursuant to section four  hundred  sixty-seven-c
 of  this  title  but  who  meets the requirements for eligibility for an
 exemption pursuant to this section shall be eligible for such  exemption
 provided  that such exemption shall be in an amount determined by multi-
 plying the exemption otherwise allowable pursuant to this section  by  a
 fraction  having  a numerator equal to the amount of real property taxes
 or payments in lieu of taxes that were paid with respect to such  dwell-
 ing  and  a  denominator equal to the full amount of real property taxes
 that would have been owed with respect to such dwelling had it not  been
 granted an exemption or abatement of real property taxes pursuant to any
 provision of law, provided, however, that any reduction in real property
 taxes received with respect to such dwelling pursuant to this section or
 section four hundred sixty-seven-c of this title shall not be considered
 in  calculating  such numerator. Any such local law, ordinance or resol-
 ution that so provides, or is amended to so provide, shall also  provide
 that a tenant-stockholder who resides in a dwelling which was or contin-
 ues  to  be  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, and who is eligible for both a rent
 increase exemption pursuant to section  four  hundred  sixty-seven-c  of
 this  title and an exemption pursuant to this subdivision, may apply for
 and receive either a rent increase exemption pursuant  to  section  FOUR
 hundred  sixty-seven-c  of  this  title or an exemption pursuant to this
 subdivision, but not both.
   3-b. The commissioner shall develop, make available and distribute  to
 any  municipal  corporation which requests it, a form for the purpose of
 administering the provisions of paragraph (a) of  subdivision  three  of
 this section.
   4.  Every municipal corporation in which such real property is located
 shall notify, or cause to be notified, each  person  owning  residential
 real  property  in  such municipal corporation of the provisions of this
 section. The provisions of this subdivision may be met by  a  notice  or
 legend  sent  on  or with each tax OR PILOT bill to such persons reading
 "You may be eligible for senior citizen tax exemptions. Senior  citizens
 have  until  month.........., day.......,  year......, to apply for such
 exemptions.  For information please call or write....," followed by  the
 name, telephone number and/or address of a person or department selected
 by  the municipal corporation to explain the provisions of this section.
 Each cooperative apartment corporation shall notify  each  tenant-stock-
 S. 9032                            10

 holder  thereof  in  residence  of  such provisions as set forth herein.
 Failure to notify, or cause to be notified any person who  is  in  fact,
 eligible  to receive the exemption provided by this section or the fail-
 ure  of  such  person  to  receive  the same shall not prevent the levy,
 collection and enforcement of the payment of the taxes OR PILOT on prop-
 erty owned by such person.
   4-a. (a) A senior citizen eligible for the exemption provided  for  in
 subdivision  one of this section may request that a notice be sent to an
 adult third party. Such request shall be made on a  form  prescribed  by
 the commissioner and shall be submitted to the assessor of the assessing
 unit  in  which  the  eligible taxpayer resides no later than sixty days
 before the last application date for the first taxable  status  date  to
 which  it  is  to  apply.  Such form shall provide a section whereby the
 designated third party shall consent to such designation.  Such  request
 shall  be  effective  upon  receipt  by the assessor. The assessor shall
 maintain a list of all  eligible  property  owners  who  have  requested
 notices pursuant to this paragraph.
   (b)  A  notice  shall  be  sent to the designated third party at least
 thirty days prior to the last application date for each ensuing  taxable
 status date; provided that no such notice need be sent in the first year
 if  the  request  was  not  received by the assessor at least sixty days
 before the last application date for the applicable taxable status date.
 Such notice shall read substantially as follows: "On behalf of (identify
 senior citizen or citizens), you are advised that  his,  her,  or  their
 renewal  application  for  the  senior  exemption must be filed with the
 assessor no later than (enter date). You are encouraged to  remind  him,
 her,  or  them of that fact, and to offer assistance if needed, although
 you are under no legal obligation to do so. Your cooperation and assist-
 ance are greatly appreciated."
   (c) A notice shall be sent to the designated third party whenever  the
 assessor  sends  a  notice  to the senior citizen regarding the possible
 removal of the senior exemption. Such notice shall read substantially as
 follows: "On behalf of (identify senior citizen or  citizens),  you  are
 advised  that  his,  her,  or their senior exemption is at risk of being
 removed. You are encouraged to make sure that he, she or they are  aware
 of  that fact, and to offer assistance if needed, although you are under
 no legal obligation to do so. Your cooperation and assistance are great-
 ly appreciated."
   (d) The obligation to mail such notices shall cease  if  the  eligible
 taxpayer  cancels  the  request  or  ceases  to  qualify  for the senior
 exemption.
   (e) Failure to mail any notice required by this  subdivision,  or  the
 failure of a party to receive same, shall not affect the validity of the
 levy,  collection, or enforcement of taxes OR PILOT on property owned by
 such person, or in the case of a third party notice, on  property  owned
 by the senior citizen.
   5. Application for such exemption must be made by the owner, or all of
 the  owners  of the property, on forms prescribed by the commissioner to
 be furnished by the appropriate assessing authority  and  shall  furnish
 the  information and be executed in the manner required or prescribed in
 such forms, and shall be filed in such assessor's office  on  or  before
 the appropriate taxable status date. Notwithstanding any other provision
 of law, at the option of the municipal corporation, any person otherwise
 qualifying  under  this  section shall not be denied the exemption under
 this section if he becomes sixty-five years of age after the appropriate
 S. 9032                            11
 
 taxable status date and on or before December thirty-first of  the  same
 year.
   5-a.  Any  local law or ordinance adopted pursuant to paragraph (a) of
 subdivision one of this section may be amended, or a local law or  ordi-
 nance  may  be  adopted  to provide, notwithstanding subdivision five of
 this section, that an application for such exemption may be  filed  with
 the  assessor  after  the  appropriate taxable status date but not later
 than the last date on which a petition with  respect  to  complaints  of
 assessment  may  be  filed,  where  failure to file a timely application
 resulted from: (a) a death of the  applicant's  spouse,  child,  parent,
 brother  or  sister; or (b) an illness of the applicant or of the appli-
 cant's spouse, child, parent, brother or sister, which actually prevents
 the applicant from filing on a timely basis, as certified by a  licensed
 physician.  The assessor shall approve or deny such application as if it
 had been filed on or before the taxable status date.
   5-b. Notwithstanding the provisions  of  this  section  or  any  other
 provision of law, a county with an annual taxable status date of January
 first  or  January  second and with a population of one million or more,
 may, at its option and by amendment or adoption of a local law or  ordi-
 nance,  authorize  its assessor to accept applications for the exemption
 from real property taxes OR PILOT authorized pursuant to this section on
 a date later than such county's statutory deadline  date  for  receiving
 applications  for  such exemption. Any application filed later than such
 statutory deadline date which is in compliance with such  local  law  or
 ordinance  amended  or  adopted  pursuant  to this subdivision and which
 meets all  other  necessary  requirements  for  granting  the  exemption
 authorized  by  this  section  shall be deemed to have been timely filed
 prior to such statutory deadline date, and any individual or individuals
 for whom such an application  has  been  filed  shall  be  granted  such
 exemption  and  shall  receive  such exemption on the assessment [roles]
 ROLLS prepared for such county on the basis of the taxable  status  date
 immediately preceding the date such application was filed.
   5-c.  Notwithstanding  the  provisions  of  this  section or any other
 provision of law, in a city having a population of one million or  more,
 applications for the exemption authorized pursuant to this section shall
 be  considered timely filed if they are filed on or before the fifteenth
 day of March of the appropriate year.
   6. (a) At least sixty days prior to  the  appropriate  taxable  status
 date,  the assessing authority shall mail to each person who was granted
 exemption pursuant to this section on the  latest  completed  assessment
 roll  an  application  form  and  a notice that such application must be
 filed on or before THE taxable status date and be approved in order  for
 the exemption to be granted. The assessing authority shall, within three
 days  of  the  completion  and  filing of the tentative assessment roll,
 notify by mail any applicant who has included with  his  application  at
 least  one  self-addressed, pre-paid envelope, of the approval or denial
 of the application; provided,  however,  that  the  assessing  authority
 shall,  upon  the  receipt  and  filing of the application, send by mail
 notification of receipt to any applicant who has included  two  of  such
 envelopes  with  the  application.  Where  an applicant is entitled to a
 notice of denial pursuant to this subdivision, such notice shall be on a
 form prescribed by the commissioner and shall state the reasons for such
 denial and shall further state that the applicant may have such determi-
 nation reviewed in the manner provided by law. Failure to mail any  such
 application form or notices or the failure of such person to receive any
 S. 9032                            12
 
 of  the  same  shall not prevent the levy, collection and enforcement of
 the payment of the taxes OR PILOT on property owned by such person.
   (b)  Except  in cities of one million or more, any person who has been
 granted exemption pursuant to  this  section  on  five  (5)  consecutive
 completed  assessment  rolls, including any years when the exemption was
 granted to a property owned by a husband and/or wife while both  resided
 in  such property, shall not be subject to the requirements set forth in
 paragraph (a) of this subdivision provided the governing  board  of  the
 municipality  in  which  said  property is situated after public hearing
 adopts a local law, ordinance or resolution providing  therefor  however
 said  person  shall be mailed an application form and a notice informing
 him of his rights. Such exemption shall be automatically granted on each
 subsequent assessment roll. Provided, however, that when tax payment  is
 made by such person a sworn affidavit must be included with such payment
 which  shall  state  that  such person continues to be eligible for such
 exemption. Such affidavit shall be on a form prescribed by  the  commis-
 sioner.  If  such  affidavit  is  not included with the tax payment, the
 collecting officer  shall  proceed  pursuant  to  section  five  hundred
 fifty-one-a of this chapter.
   (c)  In cities of one million or more, any person who has been granted
 exemption pursuant to this section shall file the completed  application
 with  the  appropriate assessing authority every twenty-four months from
 the date such exemption was granted without the necessity of having been
 granted exemption pursuant to  this  section  on  five  (5)  consecutive
 completed  assessment  rolls  including any years when the exemption was
 granted to a property owned by a husband and/or wife while both  resided
 in such property.
   7.  Any  conviction  of  having made any wilful false statement in the
 application for such exemption, shall be punishable by  a  fine  of  not
 more  than  one  hundred  dollars  and shall disqualify the applicant or
 applicants from further exemption for a period of five years.
   8. Notwithstanding the provisions of subdivisions five and six of this
 section, the local governing body of a city,  town,  village  or  county
 having  the power to assess may adopt a local law authorizing the asses-
 sor or assessors of such city, town, village or county to accept  appli-
 cations for renewal of exemptions pursuant to this section after taxable
 status  date.  Such local law shall provide that in the event the owner,
 or all of the owners, of property which has received an exemption pursu-
 ant to this section on the preceding assessment roll fail  to  file  the
 application  required  pursuant  to  this  section  on or before taxable
 status date such owner or owners may file the application,  executed  as
 if such application had been filed on or before the taxable status date,
 with the assessor on or before the date for the hearing of complaints.
   8-a.  Notwithstanding  any provision of law to the contrary, the local
 governing body of a municipal corporation that is authorized to adopt  a
 local  law  pursuant  to  subdivision  eight  of this section is further
 authorized to adopt a local law providing that where a renewal  applica-
 tion  for the exemption authorized by this section has not been filed on
 or before the taxable status date, and  the  owner  believes  that  good
 cause  existed  for  the failure to file the renewal application by that
 date, the owner may, no later than the last  day  for  paying  taxes  OR
 PILOT without incurring interest or penalty, submit a written request to
 the  assessor  asking him or her to extend the filing deadline and grant
 the exemption. Such request shall contain  an  explanation  of  why  the
 deadline  was missed, and shall be accompanied by a renewal application,
 reflecting the facts and circumstances as they existed  on  the  taxable
 S. 9032                            13
 
 status  date.  The assessor may extend the filing deadline and grant the
 exemption if he or she is satisfied that (i) good cause existed for  the
 failure  to file the renewal application by the taxable status date, and
 that  (ii)  the  applicant  is  otherwise entitled to the exemption. The
 assessor shall mail notice of his or her determination to the owner.  If
 the determination states that the assessor has granted the exemption, he
 or she shall thereupon be authorized and directed to correct the assess-
 ment  roll  accordingly, or, if another person has custody or control of
 the assessment roll, to direct  that  person  to  make  the  appropriate
 corrections.  If the correction is not made before taxes are levied, the
 failure to take the exemption into account in the computation of the tax
 shall be deemed a "clerical error" for purposes of title three of  arti-
 cle five of this chapter, and shall be corrected accordingly.
   9.  (a) (i) Notwithstanding the provisions of subdivision five of this
 section, where a person who meets  the  requirements  for  an  exemption
 pursuant  to this section, purchases property after the levy of taxes OR
 PILOT, such person may file an application for exemption to the assessor
 within thirty days of the transfer of title to such person. The assessor
 shall make a determination of whether the parcel  would  have  qualified
 for  exempt  status FOR PILOT OR on the tax roll on which the taxes were
 levied, had title to the parcel been in the name of the applicant on the
 taxable status date applicable to the tax roll. The application shall be
 on a form prescribed by the commissioner. The assessor,  no  later  than
 thirty  days  after  receipt  of such application, shall notify both the
 applicant and the board of assessment review, by first  class  mail,  of
 the exempt amount, if any, and the right of the owner to a review of the
 exempt  amount  upon  the  filing of a written complaint. Such complaint
 shall be on a form prescribed by the commissioner  and  shall  be  filed
 with the board of assessment review within twenty days of the mailing of
 this notice. If no complaint is received, the board of assessment review
 shall  so  notify  the  assessor and the exempt amount determined by the
 assessor shall be final. If the applicant files a complaint,  the  board
 of  assessment review shall schedule a time and place for a hearing with
 respect thereto no later than thirty  days  after  the  mailing  of  the
 notice  by  the  assessor. The board of assessment review shall meet and
 determine the exempt amount, and shall immediately notify  the  assessor
 and the applicant, by first class mail, of its determination. The amount
 of  exemption  determined pursuant to this paragraph shall be subject to
 review as provided in article seven of this chapter. Such  a  proceeding
 shall  be  commenced  within thirty days of the mailing of the notice of
 the board of assessment review to the new  owner  as  provided  in  this
 paragraph.
   (ii)  Upon  receipt of a determination of exempt amount as provided in
 subparagraph (i) of this paragraph, the assessor shall determine the pro
 rata exemption to be credited toward such property  by  multiplying  the
 tax rate or tax rates for each municipal corporation which levied taxes,
 or for which taxes were levied, on the appropriate tax roll used for the
 fiscal year or years during which the transfer occurred times the exempt
 amount,  as  determined in subparagraph (i) of this paragraph, times the
 fraction of each fiscal year or years remaining subsequent to the trans-
 fer of title. The assessor shall immediately transmit a statement of the
 pro rata exemption credit due to each municipal corporation which levied
 taxes or for which taxes were levied on the tax roll used for the fiscal
 year or years during which the transfer occurred and to the applicant.
   (iii) Each municipal corporation which receives  notice  of  pro  rata
 exemption  credits  pursuant to this subdivision shall include an appro-
 S. 9032                            14
 
 priation in its budget for the next fiscal year equal to  the  aggregate
 amount  of  such  credits  to  be applied in that fiscal year.   Where a
 parcel, the owner of which is entitled to a pro rata  exemption  credit,
 is  subject  to taxation OR PILOT in said next fiscal year, the receiver
 or collector shall apply the credit to reduce the  amount  of  taxes  OR
 PILOT  owed for the parcel in such fiscal year. Pro rata exemption cred-
 its in excess of the amount of taxes OR PILOT,  if  any,  owed  for  the
 parcel  shall  be paid by the treasurer of a municipal corporation which
 levies such taxes OR PILOT for or on behalf of the municipal corporation
 to all owners of property entitled to such credits within thirty days of
 the expiration of the warrant to collect taxes OR THE  DEADLINE  TO  PAY
 PILOT in said next fiscal year.
   (b)  (i)  Notwithstanding  the  provisions of subdivision five of this
 section, where a person who meets  the  requirements  for  an  exemption
 pursuant  to  this  section, purchases property after the taxable status
 date but prior to the levy of taxes OR PILOT, such person  may  file  an
 application  for  an exemption to the assessor within thirty days of the
 transfer of title to such person. The assessor  shall  make  a  determi-
 nation  within  thirty days after receipt of such application of whether
 the applicant would qualify for an exemption pursuant to this section on
 the assessment roll if title had been in the name of  the  applicant  on
 the taxable status date applicable to such assessment roll. The applica-
 tion shall be made on a form prescribed by the commissioner.
   (ii)  If  the  assessor's determination is made prior to the filing of
 the tentative assessment roll,  the  assessor  shall  enter  the  exempt
 amount,  if  any,  on the tentative assessment roll and, within ten days
 after filing such roll, notify the applicant of the approval  or  denial
 of  such exemption, the exempt amount, if any, and the applicant's right
 to review by the board of assessment review.
   (iii) If the assessor's determination is made after the filing of  the
 tentative  assessment  roll,  the  assessor  shall petition the board of
 assessment review to correct the tentative or final assessment  roll  in
 the manner provided in title three of article five of this chapter, with
 respect  to  unlawful entries, in the case of wholly exempt parcels, and
 with respect of  clerical  errors,  in  the  case  of  partially  exempt
 parcels,  if the assessor determines that an exemption should be granted
 and, within ten days of petitioning  the  board  of  assessment  review,
 notify  the  applicant  of the approval or denial of such exemption, the
 amount of such exemption, if any, and the applicant's right to  adminis-
 trative  or  judicial  review  of such determination pursuant to article
 five or seven of this chapter, respectively.
   (c) If, for any reason, a determination to exempt property from  taxa-
 tion  as provided in paragraph (b) of this subdivision is not entered on
 the final assessment roll, the assessor  shall  petition  the  board  of
 assessment review to correct the final assessment roll.
   (d)  If,  for any reason, the pro rata tax OR PILOT credit as provided
 in paragraph (a) of this subdivision is not  extended  against  the  tax
 roll  immediately  succeeding  the fiscal year during which the transfer
 occurred, the assessor shall immediately  notify  the  municipal  corpo-
 ration  which  levied  the tax OR PILOT AMOUNT or for which the taxes OR
 PILOT were levied of the amount of pro rata exemption  credits  for  the
 year  in  which such transfer occurred. Such municipal corporation shall
 proceed as provided in subparagraph  (iii)  of  paragraph  (a)  of  this
 subdivision.
   (e)  If, for any reason, a determination to exempt property from taxa-
 tion OR PILOT as provided in paragraph (b) of this  subdivision  is  not
 S. 9032                            15
 
 entered  on  the tax roll for the year immediately succeeding the fiscal
 year during which the transfer occurred, the  assessor  shall  determine
 the  pro  rata tax exemption credit for such tax roll by multiplying the
 tax  rate or tax rates for each municipal corporation which levied taxes
 or for which taxes were levied times the exempt amount and  shall  imme-
 diately  notify  such  municipal  corporation or corporations of the pro
 rata exemption credits for such tax  roll.  Such  municipal  corporation
 shall  add  such  pro  rata  exemption  credits for such property to any
 outstanding pro rata  exemption  amounts  and  proceed  as  provided  in
 subparagraph (iii) of paragraph (a) of this subdivision.
   10.  Notwithstanding  any  other provision of law to the contrary, the
 provisions of this section shall apply  to  real  property  in  which  a
 person  or  persons  hold  a legal life estate or which is held in trust
 solely for the benefit of a person or persons if such person or  persons
 would  otherwise be eligible for a real property tax OR PILOT exemption,
 pursuant to subdivision one of this section, were such person or persons
 the owner or owners of such real property.
   11. (a) Notwithstanding any provision of law to the contrary, upon the
 request of an assessor, the commissioner may disclose  to  the  assessor
 the  names  and  addresses  of the owners of property in that assessor's
 assessing unit who are receiving the enhanced STAR exemption or enhanced
 STAR credit and whose federal adjusted gross income  is  less  than  the
 uppermost  amount  specified  by  subparagraph three of paragraph (b) of
 subdivision one of this section (represented therein  as  M  +  $8,400).
 Such amount shall be determined without regard to any local options that
 the  municipal  corporation may or may not have exercised in relation to
 increasing or decreasing the maximum income eligibility level authorized
 by this section, provided that the amount so determined for a city  with
 a population of one million or more shall take into account the distinct
 maximum  income eligibility level established for such city by paragraph
 (a) of subdivision three of this section. In no case shall  the  commis-
 sioner disclose to an assessor the amount of an owner's federal adjusted
 gross income.
   (b) The assessor may use the information contained in such a report to
 contact those owners who are not already receiving the exemption author-
 ized  by this section and to suggest that they consider applying for it.
 Provided, however, that nothing contained herein shall be  construed  as
 enabling  any  person or persons to qualify for the exemption authorized
 by this section on the basis of their  federal  adjusted  gross  income,
 rather  than  on the basis of their income as determined pursuant to the
 provisions of paragraph (a) of subdivision three of this section.
   (c) Information disclosed to an assessor pursuant to this  subdivision
 shall  be used only for purposes of real property tax administration. It
 shall be deemed confidential otherwise, and shall not be subject to  the
 provisions of article six of the public officers law.
   §  2.  Section 459-c of the real property tax law, as added by chapter
 315 of the laws of 1997, paragraph (a) of subdivision 1  as  amended  by
 chapter 348 of the laws of 2007, paragraph (b) and the closing paragraph
 of subdivision 2 as amended by chapter 265 of the laws of 2013, subdivi-
 sion  3  as amended by section 10 of part E of chapter 83 of the laws of
 2002, subdivision 4 as amended by chapter 72 of the laws of 2005,  para-
 graph  (a)  of  subdivision  5  as amended by chapter 131 of the laws of
 2017, subdivision 7 as further amended by subdivision (b) of  section  1
 of  part  W  of  chapter  56 of the laws of 2010, and subdivision 7-a as
 added by chapter 531 of the laws of 2006, is amended to read as follows:
 S. 9032                            16
 
   § 459-c. Persons with disabilities and limited incomes. 1.   (a)  Real
 property owned by one or more persons with disabilities, or real proper-
 ty  owned  by  a husband, wife, or both, or by siblings, at least one of
 whom has a disability, 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 sixty-seven of this title, and whose  income,
 as  hereafter defined, is limited by reason of such disability, shall be
 exempt from PAYMENTS IN LIEU OF TAXES (PILOT) TO THE BATTERY  CITY  PARK
 AUTHORITY OR FROM taxation by any municipal corporation in which located
 to  the  extent of fifty per centum of the assessed valuation thereof as
 hereinafter provided. After a public hearing, the governing board  of  a
 county,  city,  town  or  village  may  adopt  a  local law and a school
 district, other than a school district subject to article  fifty-two  of
 the education law, may adopt a resolution to grant the exemption author-
 ized pursuant to this section.
   (b)  Any  local law or resolution adopted pursuant to paragraph (a) of
 this subdivision may be amended, or a local law  or  resolution  may  be
 adopted,  to  provide  an exemption so as to increase the maximum income
 eligibility level of such municipal corporation as provided in  subdivi-
 sion  five  of  this section (represented in the hereinbelow schedule as
 M), to the extent provided in the following schedule:
 ANNUAL INCOME                           PERCENTAGE ASSESSED VALUATION
                                         EXEMPT FROM TAXATION OR PILOT
 More than (M) but
      less than (M+ $1,000)                   45 per centum
 (M+ $1,000 or more) but
      less than (M+ $2,000)                   40 per centum
 (M+ $2,000 or more) but
      less than (M+ $3,000)                   35 per centum
 (M+ $3,000 or more) but
      less than (M+ $3,900)                   30 per centum
 (M+ $3,900 or more) but
      less than (M+ $4,800)                   25 per centum
 (M+ $4,800 or more) but
      less than (M+ $5,700)                   20 per centum
 (M+ $5,700 or more) but
      less than (M+ $6,600)                   15 per centum
 (M+ $6,600 or more) but
      less than (M+ $7,500)                   10 per centum
 (M + $7,500 or more) but
      less than (M+ $8,400)                   5 per centum
   2. For purposes of this section: (a) "sibling" shall mean a brother or
 a sister, whether related through half blood, whole blood or adoption.
   (b) a person with a disability is one who has  a  physical  or  mental
 impairment, not due to current use of alcohol or illegal drug use, which
 substantially  limits  such  person's  ability  to engage in one or more
 major life activities, such as caring for one's self, performing  manual
 tasks, walking, seeing, hearing, speaking, breathing, learning and work-
 ing,  and  who  (i)  is  certified to receive social security disability
 insurance (SSDI) or supplemental security income  (SSI)  benefits  under
 the  federal  Social Security Act, or (ii) is certified to receive Rail-
 road Retirement Disability benefits under the federal  railroad  Retire-
 ment  Act, or (iii) has received a certificate from the state commission
 for the blind stating that such person is  legally  blind,  or  (iv)  is
 certified  to receive a United States Postal Service disability pension,
 S. 9032                            17
 
 or (v) is certified to receive a United States  department  of  veterans
 affairs disability pension pursuant to 38 U.S.C. §1521.
   An  award  letter from the Social Security Administration or the Rail-
 road Retirement Board, or a certificate from the  state  commission  for
 the  blind, or an award letter from the United States Postal Service, or
 an award letter from the United States department  of  veterans  affairs
 shall be submitted as proof of disability.
   3.  Any exemption provided by this section shall be computed after all
 other partial exemptions allowed by law, excluding the school tax relief
 (STAR) exemption authorized by section four hundred twenty-five of  this
 title,  have  been  subtracted from the total amount assessed; provided,
 however, that no parcel may receive an exemption for the same  PILOT  OR
 municipal  tax  purpose  pursuant  to both this section and section four
 hundred sixty-seven of this title.
   4. Exemption from taxation for school purposes shall not be granted in
 the case of real property where a child resides if such child attends  a
 public school of elementary or secondary education; unless the governing
 board  of  the  school  district in which the property is located, after
 public hearing,  adopts  a  resolution  providing  for  such  exemption;
 provided  that  any  such resolution shall condition such exemption upon
 satisfactory proof that the child was not brought into the residence  in
 whole  or  in substantial part for the purpose of attending a particular
 school within the district. The procedure for such  hearing  and  resol-
 ution  must  be  conducted separately from the procedure for any hearing
 and local law, ordinance or resolution conducted pursuant  to  paragraph
 (a) of subdivision one of this section.
   5. No exemption shall be granted:
   (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, 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 proper-
 ty 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  insur-
 ance,  if the governing board of a municipality, after a public hearing,
 adopts a local law or resolution providing therefor.  In  computing  net
 S. 9032                            18
 
 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;
   (b)  unless the property is used exclusively for residential purposes,
 provided, however, that in the event any portion of such property is not
 so used exclusively for residential  purposes  but  is  used  for  other
 purposes,  such  portion  shall  be subject to taxation OR PILOT and the
 remaining portion only shall be entitled to the  exemption  provided  by
 this section;
   (c) unless the real property is the legal residence of and is occupied
 in  whole  or  in part by the disabled person; except where the disabled
 person is absent from the residence while receiving health-related  care
 as  an  inpatient  of  a residential health care facility, as defined in
 section twenty-eight hundred one of the public health law, provided that
 any income accruing to  that  person  shall  be  considered  income  for
 purposes  of  this section only to the extent that it exceeds the amount
 paid by such person or spouse or sibling of such person for care in  the
 facility.
   6.  (a) If so provided in the local law or resolution adopted pursuant
 to this section, title to that portion of real property owned by a coop-
 erative apartment corporation in  which  a  tenant-stockholder  of  such
 corporation  resides, and which is represented by his share or shares of
 stock in such corporation as determined by  its  or  their  proportional
 relationship  to the total outstanding stock of the corporation, includ-
 ing that owned by the corporation, shall be deemed to be vested in  such
 tenant-stockholder.
   (b) That proportion of the assessment of such real property owned by a
 cooperative apartment corporation determined by the relationship of such
 real  property  vested  in such tenant-stockholder to such entire parcel
 and the buildings thereon owned by  such  cooperative  apartment  corpo-
 ration  in  which  such  tenant-stockholder  resides shall be subject to
 exemption from taxation OR  PILOT  pursuant  to  this  section  and  any
 exemption so granted shall be credited by the appropriate taxing author-
 ity  against the assessed valuation of such real property; the reduction
 in real property taxes OR PILOT realized thereby shall  be  credited  by
 the  cooperative  apartment corporation against the amount of such taxes
 OR PILOT otherwise payable by or chargeable to such tenant-stockholder.
   7. Application for such exemption must be made annually by the  owner,
 or all of the owners of the property, on forms prescribed by the commis-
 sioner,  and  shall  be filed in such assessor's office on or before the
 appropriate taxable status date; provided, however, proof of a permanent
 disability need be submitted only in the year exemption pursuant to this
 section is first sought or the disability  is  first  determined  to  be
 permanent.
   7-a.  Notwithstanding  the  provisions  of  this  section or any other
 provision of law, in a city having a population of one million or  more,
 applications for the exemption authorized pursuant to this section shall
 be  considered timely filed if they are filed on or before the fifteenth
 day of March of the appropriate year and in such city all references  in
 this  section  to  taxable  status  date shall be deemed to refer to the
 fifteenth day of March of the appropriate year.
   8. At least sixty days prior to the appropriate taxable  status  date,
 the  assessor shall mail to each person who was granted exemption pursu-
 ant to this section on the latest completed assessment roll an  applica-
 tion  form and a notice that such application must be filed on or before
 THE taxable status date and be approved in order for  the  exemption  to
 S. 9032                            19
 
 continue  to  be  granted.  Failure to mail such application form or the
 failure of such person to receive the same shall not prevent  the  levy,
 collection and enforcement of the payment of the taxes OR PILOT on prop-
 erty owned by such person.
   9.  Notwithstanding  any  other  provision of law to the contrary, the
 provisions of this section shall apply to real property  held  in  trust
 solely  for  the  benefit  of a person or persons who would otherwise be
 eligible for a real property tax OR PILOT exemption, pursuant to  subdi-
 vision  one  of  this  section, were such person or persons the owner or
 owners of such real property.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 1974-b of the public authorities law is amended  by
 adding a new subdivision 3 to read as follows:
   3.  (A)  FOR  PURPOSES  OF  THIS SUBDIVISION: (I) "ELIGIBLE HOMEOWNER"
 SHALL MEAN AN OWNER OF A RESIDENCE LOCATED IN THE BATTERY  PARK  PROJECT
 AREA  WHO  OCCUPIES  SUCH RESIDENCE AS THE HOMEOWNER'S PRIMARY RESIDENCE
 AND WHOSE ANNUAL HOUSEHOLD INCOME DOES  NOT  EXCEED  ONE  HUNDRED  FIFTY
 PERCENT  OF  THE AREA MEDIAN INCOME DEFINED AND CALCULATED BY THE UNITED
 STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE NEW YORK CITY
 REGION, ADJUSTED FOR HOUSEHOLD SIZE; (II) "REBATE BASE YEAR" SHALL  MEAN
 THE  LATER OF THE YEAR TWO THOUSAND TWENTY-TWO OR THE YEAR PRECEDING THE
 YEAR IN WHICH A HOMEOWNER FIRST BECOMES AN ELIGIBLE  HOMEOWNER;  IN  THE
 EVENT  A  PREVIOUSLY  ELIGIBLE  HOMEOWNER BECOMES INELIGIBLE BECAUSE THE
 HOMEOWNER'S HOUSEHOLD INCOME EXCEEDS ONE HUNDRED FIFTY  PERCENT  OF  THE
 AREA  MEDIAN  INCOME, THE REBATE BASE YEAR SHALL BE RESET TO BE THE YEAR
 PRECEDING ANY SUBSEQUENT YEAR  IN  WHICH  THE  HOMEOWNER  AGAIN  BECOMES
 ELIGIBLE;  AND (III) "HOMEOWNER'S GROUND RENT" SHALL MEAN THE PORTION OF
 A HOMEOWNER'S BUILDING'S GROUND RENT  ATTRIBUTABLE  TO  THE  HOMEOWNER'S
 OCCUPANCY OF THE HOMEOWNER'S PRIMARY RESIDENCE AND PAID BY THE HOMEOWNER
 TO  THE AUTHORITY UNDER THE BUILDING'S RESIDENTIAL SUBLEASE TO THE LEASE
 BETWEEN THE CITY OF NEW YORK AND THE AUTHORITY, DATED  NOVEMBER  TWENTY-
 FOUR,  NINETEEN  HUNDRED  SIXTY-NINE  AND  RECORDED DECEMBER TWENTY-SIX,
 NINETEEN HUNDRED SIXTY-NINE ON PAGE ONE OF REEL ONE  HUNDRED  SIXTY-ONE,
 AND ANY SUBSEQUENT AMENDMENTS.
   (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
 TY  SHALL  OFFER  TO  EACH ELIGIBLE HOMEOWNER A REBATE OF THE PORTION OF
 SUCH HOMEOWNER'S GROUND RENT EQUAL TO THE DIFFERENCE BETWEEN THE  AMOUNT
 OF  SUCH  HOMEOWNER'S  GROUND  RENT  DUE IN THE REBATE BASE YEAR AND THE
 AMOUNT OF THE HOMEOWNER'S GROUND RENT DUE AND PAID IN THE YEAR FOR WHICH
 THE ELIGIBLE HOMEOWNER APPLIES FOR THE REBATE. WITHIN ONE HUNDRED EIGHTY
 DAYS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  THE  AUTHORITY  SHALL
 PROMULGATE  PROCEDURES  FOR  APPLYING FOR SUCH REBATE, AND SET STANDARDS
 FOR REVIEWING APPLICATIONS, ASSESSING THE ACCURACY  OF  ANY  INFORMATION
 NECESSARY  TO  DETERMINE  ELIGIBILITY, AND MAKING PAYMENTS TO APPLICANTS
 FOUND TO BE ELIGIBLE.
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section 1. Notwithstanding any provision of law to the contrary, with-
 in six months of the effective date of this act, the battery  park  city
 authority  shall  extend  the  expiration  date of the lease between the
 authority and the city of New York, dated November 24, 1969 and recorded
 S. 9032                            20
 
 December 26, 1969 on page 1 of reel 161, as supplemented,  restated  and
 amended, until June 18, 2119.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Parts A through D of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9032--A
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Aging  --  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 authorizing
   eligibility for SCRIE and DRIE for tenants of  properties  located  in
   battery  park  city  (Part  A); to amend the real property tax law, in
   relation to authorizing eligibility for the senior citizen homeowners'
   exemption (SCHE) and the  disabled  homeowners'  exemption  (DHE)  for
   property  in  battery park city (Part B); to amend the public authori-
   ties law, in relation to freezing an eligible homeowner's and renter's
   ground rent in the Battery Park project area (Part C);  and  directing
   the  battery  park city authority to extend its lease with the city of
   New York (Part D)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   This act enacts into law major components of legislation
 relating to Battery Park city. Each component is wholly contained within
 a Part identified as Parts A through D.  The  effective  date  for  each
 particular provision contained within such Part is set forth in the last
 section  of  such  Part. Any provision in any section contained within a
 Part, including the effective date of the Part, which makes a  reference
 to a section "of this act", when used in connection with that particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. The section heading, paragraphs b and i of  subdivision  1,
 subdivision 2, the opening paragraph of paragraph b of subdivision 3 and
 subdivisions  6,  7 and 8 of section 467-c of the real property tax law,
 the section heading as amended by chapter 188 of the laws of 2005, para-
 graph b of subdivision 1 and the opening paragraph  of  paragraph  b  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15457-02-2
 S. 9032--A                          2
 
 subdivision  3  as  amended and paragraph i of subdivision 1 as added by
 chapter 420 of the laws of 1991, subdivisions 2, 6, 7 and 8 as added  by
 chapter 208 of the laws of 1975, are amended and a new subdivision 13 is
 added to read as follows:
   Exemption for property owned by certain housing companies OR LEASED BY
 THE  BATTERY  PARK  CITY  AUTHORITY  and  occupied by senior citizens or
 persons with disabilities.
   b. "Dwelling unit" means that part of a dwelling in which an  eligible
 head  of the household resides and which is subject to the provisions of
 [either]: (1) Article II, IV, V, or XI of the  private  housing  finance
 law; or (2) that part of a dwelling which was or continues to be 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, in which an eligible head of the household resides;  OR  (3)  A
 SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY.
   i.  "Maximum  rent" means the maximum rent, excluding gas and electric
 utility charges, which has been authorized or approved  by  the  commis-
 sioner or the supervising agency or the legal regulated rent established
 for  the  dwelling unit pursuant to the provisions of either Article II,
 IV, V or XI of the private housing finance law,  or  the  rental  estab-
 lished  for  a  cooperatively  owned  dwelling unit previously regulated
 pursuant to the provisions of Article II, IV, V or  XI  of  the  private
 housing  finance  law;  or  such  approved rent for a dwelling unit in a
 dwelling 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; or such rent established for a  dwell-
 ing unit 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; OR THE RENT ESTABLISHED PURSUANT TO  A
 REGULATORY  AGREEMENT  BETWEEN  THE  BATTERY PARK CITY AUTHORITY AND THE
 LANDLORD.
   2. The governing body of any city having a population of  one  million
 or  more,  acting  through its local legislative body or other governing
 agency is hereby authorized and empowered to adopt and amend local  laws
 or ordinances providing that real property of a housing company OR LAND-
 LORD  WHO  IS SUBJECT TO A SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY
 shall be exempt from real property taxes OR PAYMENTS IN  LIEU  OF  TAXES
 (PILOT),  in  an  amount  equal to the rent increase exemptions actually
 credited to eligible heads of households pursuant to this  section.  Any
 such  exemption shall be in addition to any other exemption or abatement
 of taxes authorized by law.
   notwithstanding any other provision of law, when a head of the  house-
 hold  to  whom  a then current, valid tax abatement certificate has been
 issued moves his principal residence from one dwelling unit  subject  to
 this  section, to the local emergency housing rent control law or to the
 emergency tenant protection act of nineteen seventy-four to a subsequent
 dwelling unit which is subject to the provisions of articles II,  IV,  V
 or XI of the private housing finance law or which is or 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,
 OR WHICH IS SUBJECT TO THE PROVISIONS OF A SUBLEASE BETWEEN THE LANDLORD
 AND THE BATTERY PARK CITY AUTHORITY and which is located within the same
 municipal  corporation,  the  head  of the household may apply for a tax
 abatement certificate relating to the subsequent dwelling unit,  subject
 to  any terms and conditions imposed by reason of any fund created under
 subdivision eight of this section, and such certificate may provide that
 S. 9032--A                          3
 
 the head of the household shall be exempt from paying  that  portion  of
 the  maximum  rent  or  legal regulated rent for the subsequent dwelling
 unit which is the least of the following:
   6.  Any such local law or ordinance may provide that upon receipt of a
 copy of the rent increase exemption order/tax abatement certificate, the
 housing company managing the dwelling unit OR THE LANDLORD OF THE DWELL-
 ING UNIT, SUBJECT TO A SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY, of
 the eligible head of the household shall promptly accord to the eligible
 head of the household covered by such order/certificate the  appropriate
 credit  against  the monthly maximum rent then or thereafter payable. To
 the extent the full amount of such credit has not been accorded for  any
 past period since the effective date specified in the order/certificate,
 the  housing company OR LANDLORD shall credit the total aggregate amount
 not so credited to the monthly maximum rent  next  payable  or  to  such
 subsequent  monthly  maximum rents as the supervising agency may author-
 ize. It shall be illegal to collect any amount for which a rent increase
 exemption order/tax abatement certificate provides credit or to withhold
 credit for  any  such  amounts  already  collected,  and  collection  or
 retention of any such amount for a dwelling unit occupied by such eligi-
 ble  head  of  the household shall be deemed a rent overcharge, and upon
 conviction therefor the  housing  company  and  its  directors  and  any
 employee  and  any  agent  responsible  therefor OR THE LANDLORD AND ANY
 EMPLOYEE AND ANY AGENT RESPONSIBLE THEREFOR shall be guilty of a  misde-
 meanor,  punishable  by  a  fine  not  to exceed one thousand dollars or
 imprisonment not to exceed six months, or both.
   7. Any such local law or ordinance may provide that in order to obtain
 the [tax] benefits to which it is entitled under this section, a housing
 company OR LANDLORD WHO IS SUBJECT TO A SUBLEASE WITH THE  BATTERY  PARK
 CITY  AUTHORITY  must  file with the collecting officer charged with the
 duty of collecting taxes OR PILOT of the municipality a  sworn  applica-
 tion,  in  such  form  as  such officer may prescribe, for any quarterly
 period in which the housing company OR LANDLORD has accorded an eligible
 head of the household an exemption hereunder from  the  payment  of  the
 maximum  rent.  Subject to prior or subsequent verification thereof, the
 collecting officer shall credit the  total  amount  of  such  exemptions
 actually  accorded to occupants of dwelling units contained in the prop-
 erty against the real property taxes OR  PILOT  otherwise  payable  with
 respect to the property. The housing company OR LANDLORD shall attach to
 such application copies of all rent increase exemption orders/tax abate-
 ment  certificates issued to eligible heads of the household residing in
 dwelling units in such real property.
   8. Any such local law or ordinance may provide that in the event  that
 the  real  property of a housing company OR LANDLORD WHO IS SUBJECT TO A
 SUBLEASE WITH THE BATTERY PARK CITY AUTHORITY  containing  one  or  more
 dwelling  units  shall  be  totally exempt from local and municipal real
 property taxes OR  PILOT  for  any  fiscal  year  as  a  result  of  the
 exemptions  from  maximum  rent  credited  pursuant  to this section, or
 otherwise, such municipality may make or contract to make payments to  a
 housing company OR LANDLORD in an amount not exceeding the amount neces-
 sary  to  reimburse the housing company OR LANDLORD for the total dollar
 amount of all exemptions from the payment of the maximum  rent  accorded
 pursuant  to this section to eligible heads of the household residing in
 dwelling units in such real property.
   A municipality may create and establish a fund in order to provide for
 the payments made in accordance with contracts entered into pursuant  to
 this subdivision. There may be paid into such fund (1) all of the rental
 S. 9032--A                          4

 surcharges  collected  by the municipality from housing companies organ-
 ized and existing pursuant to Articles II, IV, V and XI of  the  private
 housing  finance  law  and (2) any moneys appropriated or otherwise made
 available by the municipality for the purpose of such fund.
   13. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW,  ORDINANCE  OR  RESOLUTION  MAY  PROVIDE FOR THE ABATEMENT OF PILOT
 IMPOSED ON REAL PROPERTY SUBJECT TO THE PROVISIONS OF  A  SUBLEASE  WITH
 THE  BATTERY  PARK  CITY  AUTHORITY  WHERE SUCH LANDLORD IS SUBJECT TO A
 REGULATORY AGREEMENT TO LIMIT INCREASES IN MAXIMUM RENT.
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Section 467 of the real property tax law, as added by chap-
 ter 616 of the laws of 1966, subdivisions 1 and 3 as amended by  chapter
 440  of  the  laws of 1985, paragraph (a) of subdivision 1 as amended by
 chapter 348 of the laws of 2007,  paragraph  (b)  of  subdivision  1  as
 amended  by chapter 261 of the laws of 1994, subparagraph 3 of paragraph
 (b) of subdivision 1 as added by chapter 402 of the laws of 1995,  para-
 graph (c) of subdivision 1 as amended by section 11 of part E of chapter
 83  of  the  laws of 2002, subdivision 2 as amended by chapter 72 of the
 laws of 2005, paragraph (a) of subdivision 3 as amended by  chapter  558
 of  the laws of 2021, paragraph (b) of subdivision 3 as amended by chap-
 ter 409 of the laws of 1995, paragraph (d) of subdivision 3  as  amended
 by  chapter 145 of the laws of 1992, subdivision 3-a as added and subdi-
 vision 4 as amended by chapter 406 of the laws of 1995,  paragraphs  (a)
 and  (b)  of  subdivision  3-a  as amended by chapter 407 of the laws of
 1995, paragraph (c) of subdivision 3-a as amended by chapter 49  of  the
 laws  of  1996,  subdivision  3-b as added by chapter 313 of the laws of
 1996 and as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, subdivision 4-a as added by chapter  434
 of the laws of 2007, paragraph (a) of subdivision 4-a as further amended
 by  subdivision  (b) of section 1 of part W of chapter 56 of the laws of
 2010, subdivision 5 as amended by chapter 309 of the laws of 1990 and as
 further amended by subdivision (b) of section 1 of part W of chapter  56
 of the laws of 2010, subdivision 5-a as added by chapter 769 of the laws
 of  1992,  subdivision  5-b as added by chapter 571 of the laws of 1996,
 subdivision 5-c as added by chapter 362 of the laws of 1997, subdivision
 6 as amended by chapter 395 of the laws of 1989, paragraph (a) of subdi-
 vision 6 as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, paragraphs (b) and (c) of subdivision  6
 as amended by chapter 471 of the laws of 1990, paragraph (b) of subdivi-
 sion  6  as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, subdivision 7 as added by chapter 616 of
 the laws of 1966 and as renumbered by chapter 710 of the laws  of  1976,
 subdivision  8  as added by chapter 534 of the laws of 1984, subdivision
 8-a as added by section 2 of part D of chapter 60 of the laws  of  2016,
 subdivision  9 as added by chapter 410 of the laws of 1995, subparagraph
 (i) of paragraph (a) and subparagraph (i) of paragraph (b)  of  subdivi-
 sion  9  as further amended by subdivision (b) of section 1 of part W of
 chapter 56 of the laws of 2010, subdivision 10 as amended by chapter 270
 of the laws of 1999, and subdivision 11 as added by section 1 of part QQ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   § 467. Persons sixty-five years of age or over. 1.  (a) Real  property
 owned by one or more persons, each of whom is sixty-five years of age or
 over,  or real property owned by husband and wife or by siblings, one of
 S. 9032--A                          5
 
 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,
 shall  be  exempt  from PAYMENTS IN LIEU OF TAXES (PILOT) TO THE BATTERY
 PARK CITY AUTHORITY OR FROM taxation by  any  municipal  corporation  in
 which  located  to  the extent of fifty per centum of the assessed valu-
 ation thereof, provided the governing board of such municipality,  after
 public  hearing,  adopts  a local law, ordinance or resolution providing
 therefor. For the purposes of this section, sibling shall mean a brother
 or a  sister,  whether  related  through  half  blood,  whole  blood  or
 adoption.
   (b)  (1)  Any  local  law, ordinance or resolution adopted pursuant to
 paragraph (a) of this subdivision may be amended, or a local law,  ordi-
 nance  or  resolution  may  be adopted, to provide an exemption so as to
 increase the maximum income eligibility level of such  municipal  corpo-
 ration  as provided in subdivision three of this section (represented in
 the hereinbelow schedule as M), to the extent provided in the  following
 schedule:
 
     ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION
                                           EXEMPT FROM TAXATION OR PILOT
 
 More than (M) but
    less than (M+ $1,000)                           45 per centum
 (M+ $1,000 or more) but
    less than (M+ $2,000)                           40 per centum
 (M+ $2,000 or more) but
    less than (M+ $3,000)                           35 per centum
 (M+ $3,000 or more) but
    less than (M+ $3,900)                           30 per centum
 (M+ $3,900 or more) but
    less than (M+ $4,800)                           25 per centum
 (M+ $4,800 or more) but
    less than (M+ $5,700)                           20 per centum
 
   (2) Any local law, ordinance or resolution adopted pursuant to subpar-
 agraph  one  of this paragraph may be amended, or a local law, ordinance
 or resolution may be adopted, to provide an exemption so as to  increase
 the  maximum  income  eligibility level of such municipal corporation as
 provided in subdivision three of this section (represented in the  here-
 inbelow schedule as M), and as increased as provided for in such subpar-
 agraph one to the extent provided in the following schedule:
 
     ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION
                                           EXEMPT FROM TAXATION OR PILOT
 
 (M+ $5,700 or more) but
    less than (M+ $6,600)                            15 per centum
 (M+ $6,600 or more) but
    less than (M+ $7,500)                            10 per centum
 
   (3) Any local law, ordinance or resolution adopted pursuant to subpar-
 agraphs  one  and  two of this paragraph may be amended, or a local law,
 ordinance or resolution may be adopted, to provide an exemption so as to
 increase the maximum income eligibility level of such  municipal  corpo-
 ration  as provided in subdivision three of this section (represented in
 S. 9032--A                          6
 
 the hereinbelow schedule as M), and as increased as provided for in such
 subparagraph one to the extent provided in the following schedule:
 
     ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION
                                           EXEMPT FROM TAXATION OR PILOT
 
 (M+ $7,500 or more)
     but less than (M+ $8,400)                        5 per centum
 
   (c) Any exemption provided by this section shall be computed after all
 other partial exemptions allowed by law, excluding the school tax relief
 (STAR)  exemption authorized by section four hundred twenty-five of this
 title, have been subtracted from the total amount assessed.
   (d) The real property tax OR PILOT exemption on real property owned by
 husband and wife, one of whom is sixty-five years of age or  over,  once
 granted,  shall  not  be  rescinded  by any municipal corporation solely
 because of the death of the older spouse so long as the surviving spouse
 is at least sixty-two years of age.
   2. Exemption from taxation for school purposes shall not be granted in
 the case of real property where a child resides if such child attends  a
 public school of elementary or secondary education, unless the governing
 board  of  the  school  district in which the property is located, after
 public hearing,  adopts  a  resolution  providing  for  such  exemption;
 provided  that  any  such resolution shall condition such exemption upon
 satisfactory proof that the child was not brought into the residence  in
 whole  or  in substantial part for the purpose of attending a particular
 school within the district. The procedure for such  hearing  and  resol-
 ution  must  be  conducted separately from the procedure for any hearing
 and local law, ordinance or resolution conducted pursuant  to  paragraph
 (a) of subdivision one of this section.
   3. No exemption shall be granted:
   (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, 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
 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,
 S. 9032--A                          7
 
 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;
   (b) unless the owner shall have held an exemption under  this  section
 for  his  previous  residence  or unless the title of the property shall
 have been vested in the owner or one of the owners of the  property  for
 at  least twelve consecutive months prior to the date of making applica-
 tion for exemption, provided, however, that in the event of the death of
 either a husband or wife in whose name title of the property shall  have
 been  vested  at the time of death and then becomes vested solely in the
 survivor by virtue of devise by or descent from the deceased husband  or
 wife,  the  time of ownership of the property by the deceased husband or
 wife shall be deemed also a time of ownership by the survivor  and  such
 ownership  shall be deemed continuous for the purposes of computing such
 period of twelve consecutive months. In  the  event  of  a  transfer  by
 either a husband or wife to the other spouse of all or part of the title
 to the property, the time of ownership of the property by the transferor
 spouse shall be deemed also a time of ownership by the transferee spouse
 and  such  ownership  shall  be  deemed  continuous  for the purposes of
 computing such period of twelve consecutive months.  Where  property  of
 the owner or owners has been acquired to replace property formerly owned
 by such owner or owners and taken by eminent domain or other involuntary
 proceeding,  except  a  tax  sale, the period of ownership of the former
 property shall be combined with the period of ownership of the  property
 for  which  application is made for exemption and such periods of owner-
 ship shall be deemed to be consecutive for  purposes  of  this  section.
 Where  a residence is sold and replaced with another within one year and
 S. 9032--A                          8
 
 both residences are within the state, the period of  ownership  of  both
 properties  shall  be  deemed  consecutive for purposes of the exemption
 from  taxation  by  a  municipality  within  the  state  granting   such
 exemption. Where the owner or owners transfer title to property which as
 of  the  date  of  transfer  was exempt from taxation OR PILOT under the
 provisions of this section, the reacquisition of title by such owner  or
 owners  within  nine  months  of the date of transfer shall be deemed to
 satisfy the requirement of this paragraph that the title of the property
 shall have been vested in the owner or one of the owners for such period
 of twelve consecutive months. Where, upon or subsequent to the death  of
 an owner or owners, title to property which as of the date of such death
 was exempt from taxation OR PILOT under such provisions, becomes vested,
 by  virtue of devise or descent from the deceased owner or owners, or by
 transfer by any other means within nine months after such death,  solely
 in  a  person or persons who, at the time of such death, maintained such
 property as a primary residence, the requirement of this paragraph  that
 the  title of the property shall have been vested in the owner or one of
 the owners for such period of twelve consecutive months shall be  deemed
 satisfied;
   (c)  unless the property is used exclusively for residential purposes,
 provided, however, that in the event any portion of such property is not
 so used exclusively for residential  purposes  but  is  used  for  other
 purposes,  such  portion  shall  be subject to taxation OR PILOT and the
 remaining portion only shall be entitled to the  exemption  provided  by
 this section;
   (d) unless the real property is the legal residence of and is occupied
 in  whole or in part by the owner or by all of the owners of the proper-
 ty: except where, (i) an  owner  is  absent  from  the  residence  while
 receiving  health-related  care  as an inpatient of a residential health
 care facility, as defined in section twenty-eight  hundred  one  of  the
 public  health  law,  provided  that  any income accruing to that person
 shall only be income only to the extent that it exceeds the amount  paid
 by  such  owner,  spouse,  or  co-owner  for  care  in the facility, and
 provided further, that during such  confinement  such  property  is  not
 occupied  by  other  than the spouse or co-owner of such owner; or, (ii)
 the real property is owned by a husband and/or wife,  or  an  ex-husband
 and/or  an  ex-wife,  and  either  is  absent  from the residence due to
 divorce, legal separation or abandonment and  all  other  provisions  of
 this  section  are  met  provided that where an exemption was previously
 granted when both resided on the property, then the person remaining  on
 the real property shall be sixty-two years of age or over.
   3-a.  (a)  For  the purposes of this section, title to that portion of
 real property owned by a cooperative apartment corporation  in  which  a
 tenant-stockholder  of such corporation resides and which is represented
 by his share or shares of stock in such corporation as determined by its
 or their proportional relationship to the total outstanding stock of the
 corporation, including that owned by the corporation, shall be deemed to
 be vested in such tenant-stockholder.
   (b) That proportion of the assessment of such real property owned by a
 cooperative apartment corporation determined by the relationship of such
 real property vested in such tenant-stockholder to  such  entire  parcel
 and  the  buildings  thereon  owned by such cooperative apartment corpo-
 ration in which such tenant-stockholder  resides  shall  be  subject  to
 exemption  from  taxation  OR  PILOT  pursuant  to  this section and any
 exemption so granted shall be credited by the appropriate taxing author-
 ity against the assessed valuation of such real property; the  reduction
 S. 9032--A                          9
 
 in  real  property  taxes OR PILOT realized thereby shall be credited by
 the cooperative apartment corporation against the amount of  such  taxes
 OR PILOT otherwise payable by or chargeable to such tenant-stockholder.
   (c)  Real  property  may  be exempt from taxation OR PILOT pursuant to
 this subdivision by a municipality in which  such  property  is  located
 only  if the governing board of such municipality, after public hearing,
 adopts  a  local  law,  ordinance  or  resolution  providing   therefor.
 Notwithstanding  any  provision  of  law to the contrary, any local law,
 ordinance or resolution adopted pursuant to this paragraph may  provide,
 or  be  amended  to  provide, that a tenant-stockholder who resides in a
 dwelling which is subject to the provisions of either article two, four,
 five or eleven of the private housing finance law and  who  is  eligible
 for  a  rent  increase exemption pursuant to section four hundred sixty-
 seven-c of this title shall not be eligible for an exemption pursuant to
 this subdivision and that a tenant-stockholder who resides in a dwelling
 which is subject to the provisions of either article two, four, five  or
 eleven  of the private housing finance law and who is not eligible for a
 rent increase exemption pursuant to section four  hundred  sixty-seven-c
 of  this  title  but  who  meets the requirements for eligibility for an
 exemption pursuant to this section shall be eligible for such  exemption
 provided  that such exemption shall be in an amount determined by multi-
 plying the exemption otherwise allowable pursuant to this section  by  a
 fraction  having  a numerator equal to the amount of real property taxes
 or payments in lieu of taxes that were paid with respect to such  dwell-
 ing  and  a  denominator equal to the full amount of real property taxes
 that would have been owed with respect to such dwelling had it not  been
 granted an exemption or abatement of real property taxes pursuant to any
 provision of law, provided, however, that any reduction in real property
 taxes received with respect to such dwelling pursuant to this section or
 section four hundred sixty-seven-c of this title shall not be considered
 in  calculating  such numerator. Any such local law, ordinance or resol-
 ution that so provides, or is amended to so provide, shall also  provide
 that a tenant-stockholder who resides in a dwelling which was or contin-
 ues  to  be  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, and who is eligible for both a rent
 increase exemption pursuant to section  four  hundred  sixty-seven-c  of
 this  title and an exemption pursuant to this subdivision, may apply for
 and receive either a rent increase exemption pursuant  to  section  FOUR
 hundred  sixty-seven-c  of  this  title or an exemption pursuant to this
 subdivision, but not both.
   3-b. The commissioner shall develop, make available and distribute  to
 any  municipal  corporation which requests it, a form for the purpose of
 administering the provisions of paragraph (a) of  subdivision  three  of
 this section.
   4.  Every municipal corporation in which such real property is located
 shall notify, or cause to be notified, each  person  owning  residential
 real  property  in  such municipal corporation of the provisions of this
 section. The provisions of this subdivision may be met by  a  notice  or
 legend  sent  on  or with each tax OR PILOT bill to such persons reading
 "You may be eligible for senior citizen tax exemptions. Senior  citizens
 have  until  month.........., day.......,  year......, to apply for such
 exemptions.  For information please call or write....," followed by  the
 name, telephone number and/or address of a person or department selected
 by  the municipal corporation to explain the provisions of this section.
 Each cooperative apartment corporation shall notify  each  tenant-stock-
 S. 9032--A                         10

 holder  thereof  in  residence  of  such provisions as set forth herein.
 Failure to notify, or cause to be notified any person who  is  in  fact,
 eligible  to receive the exemption provided by this section or the fail-
 ure  of  such  person  to  receive  the same shall not prevent the levy,
 collection and enforcement of the payment of the taxes OR PILOT on prop-
 erty owned by such person.
   4-a. (a) A senior citizen eligible for the exemption provided  for  in
 subdivision  one of this section may request that a notice be sent to an
 adult third party. Such request shall be made on a  form  prescribed  by
 the commissioner and shall be submitted to the assessor of the assessing
 unit  in  which  the  eligible taxpayer resides no later than sixty days
 before the last application date for the first taxable  status  date  to
 which  it  is  to  apply.  Such form shall provide a section whereby the
 designated third party shall consent to such designation.  Such  request
 shall  be  effective  upon  receipt  by the assessor. The assessor shall
 maintain a list of all  eligible  property  owners  who  have  requested
 notices pursuant to this paragraph.
   (b)  A  notice  shall  be  sent to the designated third party at least
 thirty days prior to the last application date for each ensuing  taxable
 status date; provided that no such notice need be sent in the first year
 if  the  request  was  not  received by the assessor at least sixty days
 before the last application date for the applicable taxable status date.
 Such notice shall read substantially as follows: "On behalf of (identify
 senior citizen or citizens), you are advised that  his,  her,  or  their
 renewal  application  for  the  senior  exemption must be filed with the
 assessor no later than (enter date). You are encouraged to  remind  him,
 her,  or  them of that fact, and to offer assistance if needed, although
 you are under no legal obligation to do so. Your cooperation and assist-
 ance are greatly appreciated."
   (c) A notice shall be sent to the designated third party whenever  the
 assessor  sends  a  notice  to the senior citizen regarding the possible
 removal of the senior exemption. Such notice shall read substantially as
 follows: "On behalf of (identify senior citizen or  citizens),  you  are
 advised  that  his,  her,  or their senior exemption is at risk of being
 removed. You are encouraged to make sure that he, she or they are  aware
 of  that fact, and to offer assistance if needed, although you are under
 no legal obligation to do so. Your cooperation and assistance are great-
 ly appreciated."
   (d) The obligation to mail such notices shall cease  if  the  eligible
 taxpayer  cancels  the  request  or  ceases  to  qualify  for the senior
 exemption.
   (e) Failure to mail any notice required by this  subdivision,  or  the
 failure of a party to receive same, shall not affect the validity of the
 levy,  collection, or enforcement of taxes OR PILOT on property owned by
 such person, or in the case of a third party notice, on  property  owned
 by the senior citizen.
   5. Application for such exemption must be made by the owner, or all of
 the  owners  of the property, on forms prescribed by the commissioner to
 be furnished by the appropriate assessing authority  and  shall  furnish
 the  information and be executed in the manner required or prescribed in
 such forms, and shall be filed in such assessor's office  on  or  before
 the appropriate taxable status date. Notwithstanding any other provision
 of law, at the option of the municipal corporation, any person otherwise
 qualifying  under  this  section shall not be denied the exemption under
 this section if he becomes sixty-five years of age after the appropriate
 S. 9032--A                         11
 
 taxable status date and on or before December thirty-first of  the  same
 year.
   5-a.  Any  local law or ordinance adopted pursuant to paragraph (a) of
 subdivision one of this section may be amended, or a local law or  ordi-
 nance  may  be  adopted  to provide, notwithstanding subdivision five of
 this section, that an application for such exemption may be  filed  with
 the  assessor  after  the  appropriate taxable status date but not later
 than the last date on which a petition with  respect  to  complaints  of
 assessment  may  be  filed,  where  failure to file a timely application
 resulted from: (a) a death of the  applicant's  spouse,  child,  parent,
 brother  or  sister; or (b) an illness of the applicant or of the appli-
 cant's spouse, child, parent, brother or sister, which actually prevents
 the applicant from filing on a timely basis, as certified by a  licensed
 physician.  The assessor shall approve or deny such application as if it
 had been filed on or before the taxable status date.
   5-b. Notwithstanding the provisions  of  this  section  or  any  other
 provision of law, a county with an annual taxable status date of January
 first  or  January  second and with a population of one million or more,
 may, at its option and by amendment or adoption of a local law or  ordi-
 nance,  authorize  its assessor to accept applications for the exemption
 from real property taxes OR PILOT authorized pursuant to this section on
 a date later than such county's statutory deadline  date  for  receiving
 applications  for  such exemption. Any application filed later than such
 statutory deadline date which is in compliance with such  local  law  or
 ordinance  amended  or  adopted  pursuant  to this subdivision and which
 meets all  other  necessary  requirements  for  granting  the  exemption
 authorized  by  this  section  shall be deemed to have been timely filed
 prior to such statutory deadline date, and any individual or individuals
 for whom such an application  has  been  filed  shall  be  granted  such
 exemption  and  shall  receive  such exemption on the assessment [roles]
 ROLLS prepared for such county on the basis of the taxable  status  date
 immediately preceding the date such application was filed.
   5-c.  Notwithstanding  the  provisions  of  this  section or any other
 provision of law, in a city having a population of one million or  more,
 applications for the exemption authorized pursuant to this section shall
 be  considered timely filed if they are filed on or before the fifteenth
 day of March of the appropriate year.
   6. (a) At least sixty days prior to  the  appropriate  taxable  status
 date,  the assessing authority shall mail to each person who was granted
 exemption pursuant to this section on the  latest  completed  assessment
 roll  an  application  form  and  a notice that such application must be
 filed on or before THE taxable status date and be approved in order  for
 the exemption to be granted. The assessing authority shall, within three
 days  of  the  completion  and  filing of the tentative assessment roll,
 notify by mail any applicant who has included with  his  application  at
 least  one  self-addressed, pre-paid envelope, of the approval or denial
 of the application; provided,  however,  that  the  assessing  authority
 shall,  upon  the  receipt  and  filing of the application, send by mail
 notification of receipt to any applicant who has included  two  of  such
 envelopes  with  the  application.  Where  an applicant is entitled to a
 notice of denial pursuant to this subdivision, such notice shall be on a
 form prescribed by the commissioner and shall state the reasons for such
 denial and shall further state that the applicant may have such determi-
 nation reviewed in the manner provided by law. Failure to mail any  such
 application form or notices or the failure of such person to receive any
 S. 9032--A                         12
 
 of  the  same  shall not prevent the levy, collection and enforcement of
 the payment of the taxes OR PILOT on property owned by such person.
   (b)  Except  in cities of one million or more, any person who has been
 granted exemption pursuant to  this  section  on  five  (5)  consecutive
 completed  assessment  rolls, including any years when the exemption was
 granted to a property owned by a husband and/or wife while both  resided
 in  such property, shall not be subject to the requirements set forth in
 paragraph (a) of this subdivision provided the governing  board  of  the
 municipality  in  which  said  property is situated after public hearing
 adopts a local law, ordinance or resolution providing  therefor  however
 said  person  shall be mailed an application form and a notice informing
 him of his rights. Such exemption shall be automatically granted on each
 subsequent assessment roll. Provided, however, that when tax payment  is
 made by such person a sworn affidavit must be included with such payment
 which  shall  state  that  such person continues to be eligible for such
 exemption. Such affidavit shall be on a form prescribed by  the  commis-
 sioner.  If  such  affidavit  is  not included with the tax payment, the
 collecting officer  shall  proceed  pursuant  to  section  five  hundred
 fifty-one-a of this chapter.
   (c)  In cities of one million or more, any person who has been granted
 exemption pursuant to this section shall file the completed  application
 with  the  appropriate assessing authority every twenty-four months from
 the date such exemption was granted without the necessity of having been
 granted exemption pursuant to  this  section  on  five  (5)  consecutive
 completed  assessment  rolls  including any years when the exemption was
 granted to a property owned by a husband and/or wife while both  resided
 in such property.
   7.  Any  conviction  of  having made any wilful false statement in the
 application for such exemption, shall be punishable by  a  fine  of  not
 more  than  one  hundred  dollars  and shall disqualify the applicant or
 applicants from further exemption for a period of five years.
   8. Notwithstanding the provisions of subdivisions five and six of this
 section, the local governing body of a city,  town,  village  or  county
 having  the power to assess may adopt a local law authorizing the asses-
 sor or assessors of such city, town, village or county to accept  appli-
 cations for renewal of exemptions pursuant to this section after taxable
 status  date.  Such local law shall provide that in the event the owner,
 or all of the owners, of property which has received an exemption pursu-
 ant to this section on the preceding assessment roll fail  to  file  the
 application  required  pursuant  to  this  section  on or before taxable
 status date such owner or owners may file the application,  executed  as
 if such application had been filed on or before the taxable status date,
 with the assessor on or before the date for the hearing of complaints.
   8-a.  Notwithstanding  any provision of law to the contrary, the local
 governing body of a municipal corporation that is authorized to adopt  a
 local  law  pursuant  to  subdivision  eight  of this section is further
 authorized to adopt a local law providing that where a renewal  applica-
 tion  for the exemption authorized by this section has not been filed on
 or before the taxable status date, and  the  owner  believes  that  good
 cause  existed  for  the failure to file the renewal application by that
 date, the owner may, no later than the last  day  for  paying  taxes  OR
 PILOT without incurring interest or penalty, submit a written request to
 the  assessor  asking him or her to extend the filing deadline and grant
 the exemption. Such request shall contain  an  explanation  of  why  the
 deadline  was missed, and shall be accompanied by a renewal application,
 reflecting the facts and circumstances as they existed  on  the  taxable
 S. 9032--A                         13
 
 status  date.  The assessor may extend the filing deadline and grant the
 exemption if he or she is satisfied that (i) good cause existed for  the
 failure  to file the renewal application by the taxable status date, and
 that  (ii)  the  applicant  is  otherwise entitled to the exemption. The
 assessor shall mail notice of his or her determination to the owner.  If
 the determination states that the assessor has granted the exemption, he
 or she shall thereupon be authorized and directed to correct the assess-
 ment  roll  accordingly, or, if another person has custody or control of
 the assessment roll, to direct  that  person  to  make  the  appropriate
 corrections.  If the correction is not made before taxes are levied, the
 failure to take the exemption into account in the computation of the tax
 shall be deemed a "clerical error" for purposes of title three of  arti-
 cle five of this chapter, and shall be corrected accordingly.
   9.  (a) (i) Notwithstanding the provisions of subdivision five of this
 section, where a person who meets  the  requirements  for  an  exemption
 pursuant  to this section, purchases property after the levy of taxes OR
 PILOT, such person may file an application for exemption to the assessor
 within thirty days of the transfer of title to such person. The assessor
 shall make a determination of whether the parcel  would  have  qualified
 for  exempt  status FOR PILOT OR on the tax roll on which the taxes were
 levied, had title to the parcel been in the name of the applicant on the
 taxable status date applicable to the tax roll. The application shall be
 on a form prescribed by the commissioner. The assessor,  no  later  than
 thirty  days  after  receipt  of such application, shall notify both the
 applicant and the board of assessment review, by first  class  mail,  of
 the exempt amount, if any, and the right of the owner to a review of the
 exempt  amount  upon  the  filing of a written complaint. Such complaint
 shall be on a form prescribed by the commissioner  and  shall  be  filed
 with the board of assessment review within twenty days of the mailing of
 this notice. If no complaint is received, the board of assessment review
 shall  so  notify  the  assessor and the exempt amount determined by the
 assessor shall be final. If the applicant files a complaint,  the  board
 of  assessment review shall schedule a time and place for a hearing with
 respect thereto no later than thirty  days  after  the  mailing  of  the
 notice  by  the  assessor. The board of assessment review shall meet and
 determine the exempt amount, and shall immediately notify  the  assessor
 and the applicant, by first class mail, of its determination. The amount
 of  exemption  determined pursuant to this paragraph shall be subject to
 review as provided in article seven of this chapter. Such  a  proceeding
 shall  be  commenced  within thirty days of the mailing of the notice of
 the board of assessment review to the new  owner  as  provided  in  this
 paragraph.
   (ii)  Upon  receipt of a determination of exempt amount as provided in
 subparagraph (i) of this paragraph, the assessor shall determine the pro
 rata exemption to be credited toward such property  by  multiplying  the
 tax rate or tax rates for each municipal corporation which levied taxes,
 or for which taxes were levied, on the appropriate tax roll used for the
 fiscal year or years during which the transfer occurred times the exempt
 amount,  as  determined in subparagraph (i) of this paragraph, times the
 fraction of each fiscal year or years remaining subsequent to the trans-
 fer of title. The assessor shall immediately transmit a statement of the
 pro rata exemption credit due to each municipal corporation which levied
 taxes or for which taxes were levied on the tax roll used for the fiscal
 year or years during which the transfer occurred and to the applicant.
   (iii) Each municipal corporation which receives  notice  of  pro  rata
 exemption  credits  pursuant to this subdivision shall include an appro-
 S. 9032--A                         14
 
 priation in its budget for the next fiscal year equal to  the  aggregate
 amount  of  such  credits  to  be applied in that fiscal year.   Where a
 parcel, the owner of which is entitled to a pro rata  exemption  credit,
 is  subject  to taxation OR PILOT in said next fiscal year, the receiver
 or collector shall apply the credit to reduce the  amount  of  taxes  OR
 PILOT  owed for the parcel in such fiscal year. Pro rata exemption cred-
 its in excess of the amount of taxes OR PILOT,  if  any,  owed  for  the
 parcel  shall  be paid by the treasurer of a municipal corporation which
 levies such taxes OR PILOT for or on behalf of the municipal corporation
 to all owners of property entitled to such credits within thirty days of
 the expiration of the warrant to collect taxes OR THE  DEADLINE  TO  PAY
 PILOT in said next fiscal year.
   (b)  (i)  Notwithstanding  the  provisions of subdivision five of this
 section, where a person who meets  the  requirements  for  an  exemption
 pursuant  to  this  section, purchases property after the taxable status
 date but prior to the levy of taxes OR PILOT, such person  may  file  an
 application  for  an exemption to the assessor within thirty days of the
 transfer of title to such person. The assessor  shall  make  a  determi-
 nation  within  thirty days after receipt of such application of whether
 the applicant would qualify for an exemption pursuant to this section on
 the assessment roll if title had been in the name of  the  applicant  on
 the taxable status date applicable to such assessment roll. The applica-
 tion shall be made on a form prescribed by the commissioner.
   (ii)  If  the  assessor's determination is made prior to the filing of
 the tentative assessment roll,  the  assessor  shall  enter  the  exempt
 amount,  if  any,  on the tentative assessment roll and, within ten days
 after filing such roll, notify the applicant of the approval  or  denial
 of  such exemption, the exempt amount, if any, and the applicant's right
 to review by the board of assessment review.
   (iii) If the assessor's determination is made after the filing of  the
 tentative  assessment  roll,  the  assessor  shall petition the board of
 assessment review to correct the tentative or final assessment  roll  in
 the manner provided in title three of article five of this chapter, with
 respect  to  unlawful entries, in the case of wholly exempt parcels, and
 with respect of  clerical  errors,  in  the  case  of  partially  exempt
 parcels,  if the assessor determines that an exemption should be granted
 and, within ten days of petitioning  the  board  of  assessment  review,
 notify  the  applicant  of the approval or denial of such exemption, the
 amount of such exemption, if any, and the applicant's right to  adminis-
 trative  or  judicial  review  of such determination pursuant to article
 five or seven of this chapter, respectively.
   (c) If, for any reason, a determination to exempt property from  taxa-
 tion  as provided in paragraph (b) of this subdivision is not entered on
 the final assessment roll, the assessor  shall  petition  the  board  of
 assessment review to correct the final assessment roll.
   (d)  If,  for any reason, the pro rata tax OR PILOT credit as provided
 in paragraph (a) of this subdivision is not  extended  against  the  tax
 roll  immediately  succeeding  the fiscal year during which the transfer
 occurred, the assessor shall immediately  notify  the  municipal  corpo-
 ration  which  levied  the tax OR PILOT AMOUNT or for which the taxes OR
 PILOT were levied of the amount of pro rata exemption  credits  for  the
 year  in  which such transfer occurred. Such municipal corporation shall
 proceed as provided in subparagraph  (iii)  of  paragraph  (a)  of  this
 subdivision.
   (e)  If, for any reason, a determination to exempt property from taxa-
 tion OR PILOT as provided in paragraph (b) of this  subdivision  is  not
 S. 9032--A                         15
 
 entered  on  the tax roll for the year immediately succeeding the fiscal
 year during which the transfer occurred, the  assessor  shall  determine
 the  pro  rata tax exemption credit for such tax roll by multiplying the
 tax  rate or tax rates for each municipal corporation which levied taxes
 or for which taxes were levied times the exempt amount and  shall  imme-
 diately  notify  such  municipal  corporation or corporations of the pro
 rata exemption credits for such tax  roll.  Such  municipal  corporation
 shall  add  such  pro  rata  exemption  credits for such property to any
 outstanding pro rata  exemption  amounts  and  proceed  as  provided  in
 subparagraph (iii) of paragraph (a) of this subdivision.
   10.  Notwithstanding  any  other provision of law to the contrary, the
 provisions of this section shall apply  to  real  property  in  which  a
 person  or  persons  hold  a legal life estate or which is held in trust
 solely for the benefit of a person or persons if such person or  persons
 would  otherwise be eligible for a real property tax OR PILOT exemption,
 pursuant to subdivision one of this section, were such person or persons
 the owner or owners of such real property.
   11. (a) Notwithstanding any provision of law to the contrary, upon the
 request of an assessor, the commissioner may disclose  to  the  assessor
 the  names  and  addresses  of the owners of property in that assessor's
 assessing unit who are receiving the enhanced STAR exemption or enhanced
 STAR credit and whose federal adjusted gross income  is  less  than  the
 uppermost  amount  specified  by  subparagraph three of paragraph (b) of
 subdivision one of this section (represented therein  as  M  +  $8,400).
 Such amount shall be determined without regard to any local options that
 the  municipal  corporation may or may not have exercised in relation to
 increasing or decreasing the maximum income eligibility level authorized
 by this section, provided that the amount so determined for a city  with
 a population of one million or more shall take into account the distinct
 maximum  income eligibility level established for such city by paragraph
 (a) of subdivision three of this section. In no case shall  the  commis-
 sioner disclose to an assessor the amount of an owner's federal adjusted
 gross income.
   (b) The assessor may use the information contained in such a report to
 contact those owners who are not already receiving the exemption author-
 ized  by this section and to suggest that they consider applying for it.
 Provided, however, that nothing contained herein shall be  construed  as
 enabling  any  person or persons to qualify for the exemption authorized
 by this section on the basis of their  federal  adjusted  gross  income,
 rather  than  on the basis of their income as determined pursuant to the
 provisions of paragraph (a) of subdivision three of this section.
   (c) Information disclosed to an assessor pursuant to this  subdivision
 shall  be used only for purposes of real property tax administration. It
 shall be deemed confidential otherwise, and shall not be subject to  the
 provisions of article six of the public officers law.
   §  2.  Section 459-c of the real property tax law, as added by chapter
 315 of the laws of 1997, paragraph (a) of subdivision 1  as  amended  by
 chapter 348 of the laws of 2007, paragraph (b) and the closing paragraph
 of subdivision 2 as amended by chapter 265 of the laws of 2013, subdivi-
 sion  3  as amended by section 10 of part E of chapter 83 of the laws of
 2002, subdivision 4 as amended by chapter 72 of the laws of 2005,  para-
 graph  (a)  of  subdivision  5  as amended by chapter 131 of the laws of
 2017, subdivision 7 as further amended by subdivision (b) of  section  1
 of  part  W  of  chapter  56 of the laws of 2010, and subdivision 7-a as
 added by chapter 531 of the laws of 2006, is amended to read as follows:
 S. 9032--A                         16
 
   § 459-c. Persons with disabilities and limited incomes. 1.   (a)  Real
 property owned by one or more persons with disabilities, or real proper-
 ty  owned  by  a husband, wife, or both, or by siblings, at least one of
 whom has a disability, 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 sixty-seven of this title, and whose  income,
 as  hereafter defined, is limited by reason of such disability, shall be
 exempt from PAYMENTS IN LIEU OF TAXES (PILOT) TO THE BATTERY  CITY  PARK
 AUTHORITY OR FROM taxation by any municipal corporation in which located
 to  the  extent of fifty per centum of the assessed valuation thereof as
 hereinafter provided. After a public hearing, the governing board  of  a
 county,  city,  town  or  village  may  adopt  a  local law and a school
 district, other than a school district subject to article  fifty-two  of
 the education law, may adopt a resolution to grant the exemption author-
 ized pursuant to this section.
   (b)  Any  local law or resolution adopted pursuant to paragraph (a) of
 this subdivision may be amended, or a local law  or  resolution  may  be
 adopted,  to  provide  an exemption so as to increase the maximum income
 eligibility level of such municipal corporation as provided in  subdivi-
 sion  five  of  this section (represented in the hereinbelow schedule as
 M), to the extent provided in the following schedule:
 ANNUAL INCOME                           PERCENTAGE ASSESSED VALUATION
                                         EXEMPT FROM TAXATION OR PILOT
 More than (M) but
      less than (M+ $1,000)                   45 per centum
 (M+ $1,000 or more) but
      less than (M+ $2,000)                   40 per centum
 (M+ $2,000 or more) but
      less than (M+ $3,000)                   35 per centum
 (M+ $3,000 or more) but
      less than (M+ $3,900)                   30 per centum
 (M+ $3,900 or more) but
      less than (M+ $4,800)                   25 per centum
 (M+ $4,800 or more) but
      less than (M+ $5,700)                   20 per centum
 (M+ $5,700 or more) but
      less than (M+ $6,600)                   15 per centum
 (M+ $6,600 or more) but
      less than (M+ $7,500)                   10 per centum
 (M + $7,500 or more) but
      less than (M+ $8,400)                   5 per centum
   2. For purposes of this section: (a) "sibling" shall mean a brother or
 a sister, whether related through half blood, whole blood or adoption.
   (b) a person with a disability is one who has  a  physical  or  mental
 impairment, not due to current use of alcohol or illegal drug use, which
 substantially  limits  such  person's  ability  to engage in one or more
 major life activities, such as caring for one's self, performing  manual
 tasks, walking, seeing, hearing, speaking, breathing, learning and work-
 ing,  and  who  (i)  is  certified to receive social security disability
 insurance (SSDI) or supplemental security income  (SSI)  benefits  under
 the  federal  Social Security Act, or (ii) is certified to receive Rail-
 road Retirement Disability benefits under the federal  railroad  Retire-
 ment  Act, or (iii) has received a certificate from the state commission
 for the blind stating that such person is  legally  blind,  or  (iv)  is
 certified  to receive a United States Postal Service disability pension,
 S. 9032--A                         17
 
 or (v) is certified to receive a United States  department  of  veterans
 affairs disability pension pursuant to 38 U.S.C. §1521.
   An  award  letter from the Social Security Administration or the Rail-
 road Retirement Board, or a certificate from the  state  commission  for
 the  blind, or an award letter from the United States Postal Service, or
 an award letter from the United States department  of  veterans  affairs
 shall be submitted as proof of disability.
   3.  Any exemption provided by this section shall be computed after all
 other partial exemptions allowed by law, excluding the school tax relief
 (STAR) exemption authorized by section four hundred twenty-five of  this
 title,  have  been  subtracted from the total amount assessed; provided,
 however, that no parcel may receive an exemption for the same  PILOT  OR
 municipal  tax  purpose  pursuant  to both this section and section four
 hundred sixty-seven of this title.
   4. Exemption from taxation for school purposes shall not be granted in
 the case of real property where a child resides if such child attends  a
 public school of elementary or secondary education; unless the governing
 board  of  the  school  district in which the property is located, after
 public hearing,  adopts  a  resolution  providing  for  such  exemption;
 provided  that  any  such resolution shall condition such exemption upon
 satisfactory proof that the child was not brought into the residence  in
 whole  or  in substantial part for the purpose of attending a particular
 school within the district. The procedure for such  hearing  and  resol-
 ution  must  be  conducted separately from the procedure for any hearing
 and local law, ordinance or resolution conducted pursuant  to  paragraph
 (a) of subdivision one of this section.
   5. No exemption shall be granted:
   (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, 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 proper-
 ty 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  insur-
 ance,  if the governing board of a municipality, after a public hearing,
 adopts a local law or resolution providing therefor.  In  computing  net
 S. 9032--A                         18
 
 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;
   (b)  unless the property is used exclusively for residential purposes,
 provided, however, that in the event any portion of such property is not
 so used exclusively for residential  purposes  but  is  used  for  other
 purposes,  such  portion  shall  be subject to taxation OR PILOT and the
 remaining portion only shall be entitled to the  exemption  provided  by
 this section;
   (c) unless the real property is the legal residence of and is occupied
 in  whole  or  in part by the disabled person; except where the disabled
 person is absent from the residence while receiving health-related  care
 as  an  inpatient  of  a residential health care facility, as defined in
 section twenty-eight hundred one of the public health law, provided that
 any income accruing to  that  person  shall  be  considered  income  for
 purposes  of  this section only to the extent that it exceeds the amount
 paid by such person or spouse or sibling of such person for care in  the
 facility.
   6.  (a) If so provided in the local law or resolution adopted pursuant
 to this section, title to that portion of real property owned by a coop-
 erative apartment corporation in  which  a  tenant-stockholder  of  such
 corporation  resides, and which is represented by his share or shares of
 stock in such corporation as determined by  its  or  their  proportional
 relationship  to the total outstanding stock of the corporation, includ-
 ing that owned by the corporation, shall be deemed to be vested in  such
 tenant-stockholder.
   (b) That proportion of the assessment of such real property owned by a
 cooperative apartment corporation determined by the relationship of such
 real  property  vested  in such tenant-stockholder to such entire parcel
 and the buildings thereon owned by  such  cooperative  apartment  corpo-
 ration  in  which  such  tenant-stockholder  resides shall be subject to
 exemption from taxation OR  PILOT  pursuant  to  this  section  and  any
 exemption so granted shall be credited by the appropriate taxing author-
 ity  against the assessed valuation of such real property; the reduction
 in real property taxes OR PILOT realized thereby shall  be  credited  by
 the  cooperative  apartment corporation against the amount of such taxes
 OR PILOT otherwise payable by or chargeable to such tenant-stockholder.
   7. Application for such exemption must be made annually by the  owner,
 or all of the owners of the property, on forms prescribed by the commis-
 sioner,  and  shall  be filed in such assessor's office on or before the
 appropriate taxable status date; provided, however, proof of a permanent
 disability need be submitted only in the year exemption pursuant to this
 section is first sought or the disability  is  first  determined  to  be
 permanent.
   7-a.  Notwithstanding  the  provisions  of  this  section or any other
 provision of law, in a city having a population of one million or  more,
 applications for the exemption authorized pursuant to this section shall
 be  considered timely filed if they are filed on or before the fifteenth
 day of March of the appropriate year and in such city all references  in
 this  section  to  taxable  status  date shall be deemed to refer to the
 fifteenth day of March of the appropriate year.
   8. At least sixty days prior to the appropriate taxable  status  date,
 the  assessor shall mail to each person who was granted exemption pursu-
 ant to this section on the latest completed assessment roll an  applica-
 tion  form and a notice that such application must be filed on or before
 THE taxable status date and be approved in order for  the  exemption  to
 S. 9032--A                         19
 
 continue  to  be  granted.  Failure to mail such application form or the
 failure of such person to receive the same shall not prevent  the  levy,
 collection and enforcement of the payment of the taxes OR PILOT on prop-
 erty owned by such person.
   9.  Notwithstanding  any  other  provision of law to the contrary, the
 provisions of this section shall apply to real property  held  in  trust
 solely  for  the  benefit  of a person or persons who would otherwise be
 eligible for a real property tax OR PILOT exemption, pursuant to  subdi-
 vision  one  of  this  section, were such person or persons the owner or
 owners of such real property.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 1974-b of the public authorities law is amended  by
 adding a new subdivision 3 to read as follows:
   3.  (A)  FOR  PURPOSES  OF  THIS SUBDIVISION: (I) "ELIGIBLE HOMEOWNER"
 SHALL MEAN AN OWNER OF A RESIDENCE LOCATED IN THE BATTERY  PARK  PROJECT
 AREA  WHO  OCCUPIES  SUCH RESIDENCE AS THE HOMEOWNER'S PRIMARY RESIDENCE
 AND WHOSE ANNUAL HOUSEHOLD INCOME DOES  NOT  EXCEED  ONE  HUNDRED  FIFTY
 PERCENT  OF  THE AREA MEDIAN INCOME DEFINED AND CALCULATED BY THE UNITED
 STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE NEW YORK CITY
 REGION, ADJUSTED FOR HOUSEHOLD SIZE; (II) "ELIGIBLE RENTER" SHALL MEAN A
 PERSON WHOSE PRIMARY RESIDENCE IS LOCATED IN THE  BATTERY  PARK  PROJECT
 AREA  AND IS DESIGNATED A QUASI-RENT STABILIZED UNIT OR HAS RESTRICTIONS
 ON ANNUAL RENT INCREASES PURSUANT TO A REGULATORY AGREEMENT BETWEEN  THE
 AUTHORITY  AND  THE LANDLORD, AND WHOSE ANNUAL HOUSEHOLD INCOME DOES NOT
 EXCEED ONE HUNDRED FIFTY PERCENT OF THE AREA MEDIAN INCOME  DEFINED  AND
 CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOP-
 MENT  FOR  THE NEW YORK CITY REGION; (III) "REBATE BASE YEAR" SHALL MEAN
 THE LATER OF THE YEAR TWO THOUSAND TWENTY-TWO OR THE YEAR PRECEDING  THE
 YEAR  IN  WHICH  A HOMEOWNER FIRST BECOMES AN ELIGIBLE HOMEOWNER; IN THE
 EVENT A PREVIOUSLY ELIGIBLE HOMEOWNER  BECOMES  INELIGIBLE  BECAUSE  THE
 HOMEOWNER'S  HOUSEHOLD  INCOME  EXCEEDS ONE HUNDRED FIFTY PERCENT OF THE
 AREA MEDIAN INCOME, THE REBATE BASE YEAR SHALL BE RESET TO BE  THE  YEAR
 PRECEDING  ANY  SUBSEQUENT  YEAR  IN  WHICH  THE HOMEOWNER AGAIN BECOMES
 ELIGIBLE; (IV) "HOMEOWNER'S GROUND RENT" SHALL MEAN  THE  PORTION  OF  A
 HOMEOWNER'S BUILDING'S GROUND RENT ATTRIBUTABLE TO THE HOMEOWNER'S OCCU-
 PANCY  OF THE HOMEOWNER'S PRIMARY RESIDENCE AND PAID BY THE HOMEOWNER TO
 THE AUTHORITY UNDER THE BUILDING'S RESIDENTIAL  SUBLEASE  TO  THE  LEASE
 BETWEEN  THE  CITY OF NEW YORK AND THE AUTHORITY, DATED NOVEMBER TWENTY-
 FOUR, NINETEEN HUNDRED  SIXTY-NINE  AND  RECORDED  DECEMBER  TWENTY-SIX,
 NINETEEN  HUNDRED  SIXTY-NINE ON PAGE ONE OF REEL ONE HUNDRED SIXTY-ONE,
 AND ANY SUBSEQUENT AMENDMENTS; AND (V) "RENTER'S GROUND RENT" SHALL MEAN
 THE PORTION OF A RENTER'S RENT PAYMENT ATTRIBUTABLE TO THE  GROUND  RENT
 BASED ON THE RENTER'S OCCUPANCY OF HIS OR HER PRIMARY RESIDENCE AND PAID
 BY  THE  LANDLORD  TO  THE  AUTHORITY  UNDER  THE BUILDING'S RESIDENTIAL
 SUBLEASE TO THE LEASE BETWEEN THE CITY OF NEW YORK  AND  THE  AUTHORITY,
 DATED  NOVEMBER  TWENTY-FOUR,  NINETEEN  HUNDRED SIXTY-NINE AND RECORDED
 DECEMBER TWENTY-SIX, NINETEEN HUNDRED SIXTY-NINE ON PAGE ONE OF REEL ONE
 HUNDRED SIXTY-ONE, AND ANY SUBSEQUENT AMENDMENTS.
   (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
 TY SHALL OFFER TO EACH ELIGIBLE HOMEOWNER AND ELIGIBLE RENTER  A  REBATE
 OF  THE PORTION OF SUCH HOMEOWNER'S OR RENTER'S GROUND RENT EQUAL TO THE
 DIFFERENCE BETWEEN THE AMOUNT OF SUCH  HOMEOWNER'S  OR  RENTER'S  GROUND
 RENT  DUE  IN  THE REBATE BASE YEAR AND THE AMOUNT OF THE HOMEOWNER'S OR
 S. 9032--A                         20
 
 RENTER'S GROUND RENT DUE AND PAID IN THE YEAR  FOR  WHICH  THE  ELIGIBLE
 HOMEOWNER  OR ELIGIBLE RENTER APPLIES FOR THE REBATE. WITHIN ONE HUNDRED
 EIGHTY DAYS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  THE  AUTHORITY
 SHALL PROMULGATE PROCEDURES FOR APPLYING FOR SUCH REBATE, AND SET STAND-
 ARDS  FOR REVIEWING APPLICATIONS, ASSESSING THE ACCURACY OF ANY INFORMA-
 TION NECESSARY TO DETERMINE ELIGIBILITY, AND MAKING PAYMENTS  TO  APPLI-
 CANTS FOUND TO BE ELIGIBLE.
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section 1. Notwithstanding any provision of law to the contrary, with-
 in  six  months of the effective date of this act, the battery park city
 authority shall extend the expiration date  of  the  lease  between  the
 authority and the city of New York, dated November 24, 1969 and recorded
 December  26,  1969 on page 1 of reel 161, as supplemented, restated and
 amended, until June 18, 2119.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through D of this act shall  be
 as specifically set forth in the last section of such Parts.