NY State Senate Bill 2023-S5184

Senate Bill S5184

2023-2024 Legislative Session

Increases the maximum qualifying income for the senior citizen homeowner's exemption and the disabled homeowner's exemption

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to housing, construction and community development
Feb 24, 2023	referred to housing, construction and community development

2023-S5184 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§11-245.3 & 11-245.4, NYC Ad Cd
Versions Introduced in 2025-2026 Legislative Session:: S7209

2023-S5184 (ACTIVE) - Summary

Increases the maximum qualifying income for the senior citizen homeowner's exemption and the disabled homeowner's exemption to $70,000 in the city of New York.

2023-S5184 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5184

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to increasing the maximum qualifying income for the senior
citizen homeowner's exemption and the disabled homeowner's exemption

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase the maximum qualifying income for the senior citizen home-
owner's exemption (SCHE) and the disabled homeowner's exemption (DHE) to
$70,000.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (a) of subdivision 3 of section 11-245.3 of
the administrative code of the city of New York, as amended by local law
number 140 for the year 2017.

Section 2 amends subdivision 7 of section 11-245.3 of the administrative

code of the city of New York, as amended by local law number 140 for the
year 2017.

Section 3 amends subdivision 3 of section 11-245.4 of the administrative
code of the city of New York, as amended by local law number 140 for the
year 2017.

Section 4 amends subdivision 6 of section 11-245.4 of the administrative
code of the city of New York, as amended by local law number 41 for the
year 2006, the schedule as amended by local law number 140 for the year
2017.

 
JUSTIFICATION:

With record inflation ravaging New York City residents' standard of
living and quality of life, those hit hardest are senior citizens and
disabled residents who own a home. While all Americans and New Yorkers
are struggling to pay for basic necessities, seniors and the disabled on
fixed incomes are finding it even harder to make ends meet. Because of
inflation, the Federal Government through Social Security, recently gave
Social Security recipients the largest ever Cost of Living Adjustment
(COLA) to relieve their financial pain. In doing so, this increase put
people over the income limits for the City's SCHE and DHE homeowner's
exemption. This COLA increase actually hurt them because in losing the
exemption, they now have to pay more in property taxes. This bill seeks
to remedy this situation by increasing the thresholds for the SCHE and
DHE homeowner's exemption programs in the City of New York.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to exemption
applications made for the fiscal year commencing in 2017 and all fiscal
years thereafter.

2023-S5184 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5184
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to increasing the maximum qualifying income  for  the  senior
   citizen homeowner's exemption and the disabled homeowner's exemption
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 11-245.3  of  the
 administrative  code  of  the  city of New York, as amended by local law
 number 140 for the year 2017, is amended to read as follows:
   (a) if the income of the owner or the combined income of the owners of
 the property exceeds the sum of twenty-six  thousand  dollars  beginning
 July  first,  two  thousand six, twenty-seven thousand dollars beginning
 July first, two thousand seven, twenty-eight thousand dollars  beginning
 July  first,  two thousand eight, twenty-nine thousand dollars beginning
 July first, two thousand nine, [and] fifty  thousand  dollars  beginning
 July  first, two thousand seventeen, AND SEVENTY THOUSAND DOLLARS BEGIN-
 NING JULY FIRST, TWO THOUSAND TWENTY-THREE for the income tax year imme-
 diately preceding the date of making application for  exemption.  Income
 tax year shall mean the [twelve month] TWELVE-MONTH period for which the
 owner  or  owners  filed  a federal personal income tax return, or if no
 such return is filed, the calendar year. Where title is vested in either
 the husband or the wife, their combined income may not exceed such  sum,
 except  where  the  husband  or wife, or ex-husband or ex-wife is absent
 from the property as provided in subparagraph (ii) of paragraph  (d)  of
 this subdivision, then only the income of the spouse or ex-spouse resid-
 ing  on  the  property  shall be considered and may not exceed such sum.
 Such income shall  include  social  security  and  retirement  benefits,
 interest,  dividends,  total gain from the sale or exchange of a capital
 asset which may be offset by a loss from the sale or exchange of a capi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09208-01-3

 S. 5184                             2
 
 tal asset in the same income tax year,  net  rental  income,  salary  or
 earnings,  and  net  income  from self-employment, but shall not include
 gifts, inheritances, a return of capital, payments made  to  individuals
 because  of  their  status  as victims of Nazi persecution as defined in
 P.L. 103-286, monies earned through employment  in  the  federal  foster
 grandparent  program, and veterans disability compensation as defined in
 title 38 of the United States Code, 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. In computing net rental  income
 and  net  income from self-employment no depreciation deduction shall be
 allowed for the exhaustion, wear and tear of real or  personal  property
 held for the production of income;
   §  2.  Subdivision 7 of section 11-245.3 of the administrative code of
 the city of New York, as amended by local law number 140  for  the  year
 2017, is amended to read as follows:
   7.  Notwithstanding  the  maximum  income  exemption eligibility level
 provided in subdivision three of this section, an exemption, subject  to
 all  other  provisions of this section, shall be granted as indicated in
 the following schedule:
 
           Annual Income                   Percentage Assessed Valuation
        as of July 1, 2006                     Exempt From Taxation
 
 More than $26,000 but less than $27,000             45 per centum
 $27,000 or more but less than $28,000               40 per centum
 $28,000 or more but less than $29,000               35 per centum
 $29,000 or more but less than $29,900               30 per centum
 $29,900 or more but less than $30,800               25 per centum
 $30,800 or more but less than $31,700               20 per centum
 $31,700 or more but less than $32,600               15 per centum
 $32,600 or more but less than $33,500               10 per centum
 $33,500 or more but less than $34,400                5 per centum
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2007              Exempt From Taxation
 
 More than $27,000 but less than $28,000             45 per centum
 $28,000 or more but less than $29,000               40 per centum
 $29,000 or more but less than $30,000               35 per centum
 $30,000 or more but less than $30,900               30 per centum
 $30,900 or more but less than $31,800               25 per centum
 $31,800 or more but less than $32,700               20 per centum
 $32,700 or more but less than $33,600               15 per centum
 $33,600 or more but less than $34,500               10 per centum
 $34,500 or more but less than $35,400                5 per centum
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2008              Exempt From Taxation
 
 More than $28,000 but less than $29,000             45 per centum
 $29,000 or more but less than $30,000               40 per centum
 $30,000 or more but less than $31,000               35 per centum
 $31,000 or more but less than $31,900               30 per centum
 $31,900 or more but less than $32,800               25 per centum
 $32,800 or more but less than $33,700               20 per centum
 $33,700 or more but less than $34,600               15 per centum
 S. 5184                             3
 
 $34,600 or more but less than $35,500               10 per centum
 $35,500 or more but less than $36,400                5 per centum
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2009              Exempt From Taxation
 
 More than $29,000 but less than $30,000             45 per centum
 $30,000 or more but less than $31,000               40 per centum
 $31,000 or more but less than $32,000               35 per centum
 $32,000 or more but less than $32,900               30 per centum
 $32,900 or more but less than $33,800               25 per centum
 $33,800 or more but less than $34,700               20 per centum
 $34,700 or more but less than $35,600               15 per centum
 $35,600 or more but less than $36,500               10 per centum
 $36,500 or more but less than $37,400                5 per centum
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2017              Exempt From Taxation
 
 More than $50,000 but less than $51,000             45 per centum
 $51,000 or more but less than $52,000               40 per centum
 $52,000 or more but less than $53,000               35 per centum
 $53,000 or more but less than $53,900               30 per centum
 $53,900 or more but less than $54,800               25 per centum
 $54,800 or more but less than $55,700               20 per centum
 $55,700 or more but less than $56,600               15 per centum
 $56,600 or more but less than $57,500               10 per centum
 $57,500 or more but less than $58,400               5 per centum
 
                                           PERCENTAGE ASSESSED VALUATION
 ANNUAL INCOME AS OF JULY 1, 2023              EXEMPT FROM TAXATION
 
 MORE THAN $70,000 BUT LESS THAN $71,000             45 PER CENTUM
 $71,000 OR MORE BUT LESS THAN $72,000               40 PER CENTUM
 $72,000 OR MORE BUT LESS THAN $73,000               35 PER CENTUM
 $73,000 OR MORE BUT LESS THAN $73,900               30 PER CENTUM
 $73,900 OR MORE BUT LESS THAN $74,800               25 PER CENTUM
 $74,800 OR MORE BUT LESS THAN $75,700               20 PER CENTUM
 $75,700 OR MORE BUT LESS THAN $76,600               15 PER CENTUM
 $76,600 OR MORE BUT LESS THAN $77,500               10 PER CENTUM
 $77,500 OR MORE BUT LESS THAN $78,400               5 PER CENTUM
 
   §  3. Paragraph (a) of subdivision 3 of section 11-245.4 of the admin-
 istrative code of the city of New York, as amended by local  law  number
 140 for the year 2017, is amended to read as follows:
   (a) if the income of the owner or the combined income of the owners of
 the  property  for the income tax year immediately preceding the date of
 making application for exemption exceeds the sum of twenty-six  thousand
 dollars  beginning  July  first, two thousand six, twenty-seven thousand
 dollars beginning July first, two thousand seven, twenty-eight  thousand
 dollars  beginning  July first, two thousand eight, twenty-nine thousand
 dollars beginning July first, two thousand nine,  [and]  fifty  thousand
 dollars  beginning July first, two thousand seventeen, AND SEVENTY THOU-
 SAND DOLLARS BEGINNING JULY FIRST, TWO THOUSAND TWENTY-THREE. Income tax
 year shall mean the [twelve month] TWELVE-MONTH  period  for  which  the
 owner  or  owners  filed  a federal personal income tax return, or if no
 S. 5184                             4
 
 such return is filed, the calendar year. Where title is vested in either
 the husband or the wife, their combined income may not exceed such  sum,
 except  where  the  husband  or wife, or ex-husband or ex-wife is absent
 from  the property due to divorce, legal separation or abandonment, then
 only the income of the spouse or  ex-spouse  residing  on  the  property
 shall  be  considered  and  may  not  exceed such sum. Such income shall
 include social security and retirement  benefits,  interest,  dividends,
 total  gain  from  the  sale or exchange of a capital asset which may be
 offset by a loss from the sale or exchange of a  capital  asset  in  the
 same  income  tax  year,  net rental income, salary or earnings, and net
 income from self-employment, but shall not include a return of  capital,
 gifts,  inheritances  or monies earned through employment in the federal
 foster grandparent program and any such income shall be  offset  by  all
 medical  and  prescription  drug  expenses  actually paid which were not
 reimbursed or paid for by insurance. 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;
   §  4.  Subdivision 6 of section 11-245.4 of the administrative code of
 the city of New York, as amended by local law number  41  for  the  year
 2006, the schedule as amended by local law number 140 for the year 2017,
 is amended to read as follows:
   6.  Notwithstanding  the  maximum  income  exemption eligibility level
 provided in subdivision three of this section, an exemption, subject  to
 all  other  provisions of this section, shall be granted as indicated in
 the following schedule:
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2006              Exempt From Taxation
 
   More than $26,000 but less than $27,000           45 per centum
   $27,000 or more but less than $28,000             40 per centum
   $28,000 or more but less than $29,000             35 per centum
   $29,000 or more but less than $29,900             30 per centum
   $29,900 or more but less than $30,800             25 per centum
   $30,800 or more but less than $31,700             20 per centum
   $31,700 or more but less than $32,600             15 per centum
   $32,600 or more but less than $33,500             10 per centum
   $33,500 or more but less than $34,400              5 per centum
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2007              Exempt From Taxation
 
 More than $27,000 but less than $28,000             45 per centum
 $28,000 or more but less than $29,000               40 per centum
 $29,000 or more but less than $30,000               35 per centum
 $30,000 or more but less than $30,900               30 per centum
 $30,900 or more but less than $31,800               25 per centum
 $31,800 or more but less than $32,700               20 per centum
 $32,700 or more but less than $33,600               15 per centum
 $33,600 or more but less than $34,500               10 per centum
 $34,500 or more but less than $35,400                5 per centum
 S. 5184                             5
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2008              Exempt From Taxation
 
 More than $28,000 but less than $29,000             45 per centum
 $29,000 or more but less than $30,000               40 per centum
 $30,000 or more but less than $31,000               35 per centum
 $31,000 or more but less than $31,900               30 per centum
 $31,900 or more but less than $32,800               25 per centum
 $32,800 or more but less than $33,700               20 per centum
 $33,700 or more but less than $34,600               15 per centum
 $34,600 or more but less than $35,500               10 per centum
 $35,500 or more but less than $36,400                5 per centum
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2009              Exempt From Taxation
 
 More than $29,000 but less than $30,000             45 per centum
 $30,000 or more but less than $31,000               40 per centum
 $31,000 or more but less than $32,000               35 per centum
 $32,000 or more but less than $32,900               30 per centum
 $32,900 or more but less than $33,800               25 per centum
 $33,800 or more but less than $34,700               20 per centum
 $34,700 or more but less than $35,600               15 per centum
 $35,600 or more but less than $36,500               10 per centum
 $36,500 or more but less than $37,400                5 per centum
 
                                           Percentage Assessed Valuation
 Annual Income as of July 1, 2017              Exempt From Taxation
 
 More than $50,000 but less than $51,000             45 per centum
 $51,000 or more but less than $52,000               40 per centum
 $52,000 or more but less than $53,000               35 per centum
 $53,000 or more but less than $53,900               30 per centum
 $53,900 or more but less than $54,800               25 per centum
 $54,800 or more but less than $55,700               20 per centum
 $55,700 or more but less than $56,600               15 per centum
 $56,600 or more but less than $57,500               10 per centum
 $57,500 or more but less than $58,400               5 per centum
 
                                           PERCENTAGE ASSESSED VALUATION
 ANNUAL INCOME AS OF JULY 1, 2023              EXEMPT FROM TAXATION
 
 MORE THAN $70,000 BUT LESS THAN $71,000             45 PER CENTUM
 $71,000 OR MORE BUT LESS THAN $72,000               40 PER CENTUM
 $72,000 OR MORE BUT LESS THAN $73,000               35 PER CENTUM
 $73,000 OR MORE BUT LESS THAN $73,900               30 PER CENTUM
 $73,900 OR MORE BUT LESS THAN $74,800               25 PER CENTUM
 $74,800 OR MORE BUT LESS THAN $75,700               20 PER CENTUM
 $75,700 OR MORE BUT LESS THAN $76,600               15 PER CENTUM
 $76,600 OR MORE BUT LESS THAN $77,500               10 PER CENTUM
 $77,500 OR MORE BUT LESS THAN $78,400               5 PER CENTUM
 
   §  5.  This  act  shall  take  effect  immediately  and shall apply to
 exemption applications made for the fiscal year commencing in  2017  and
 all fiscal years thereafter.

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