S T A T E   O F   N E W   Y O R K
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                                  1644

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. BING, CLARK, WRIGHT, PERALTA, COLTON, ROBINSON,
  PHEFFER, J. RIVERA, BENEDETTO,  POWELL,  DINOWITZ,  PERRY,  ESPAILLAT,
  TITONE,  ROSENTHAL,  GREENE  -- Multi-Sponsored by -- M. of A. ABBATE,
  AUBRY, BOYLAND, BRENNAN, BROOK-KRASNY, CAHILL, COOK, CYMBROWITZ, DIAZ,
  EDDINGTON, FARRELL, GLICK,  GUNTHER,  HEASTIE,  HOOPER,  HYER-SPENCER,
  JAFFEE,  JOHN,  KELLNER,  LAVINE,  V. LOPEZ,  McENENY, MILLMAN, ORTIZ,
  PAULIN, REILLY, TITUS, TOWNS, WEISENBERG -- read once and referred  to
  the Committee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to the definition
  of  income for purposes of the senior citizen rent increase exemptions
  (SCRIE) program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph c of subdivision 1 of section 467-b of the real
property tax law, as amended by chapter 500 of  the  laws  of  2001,  is
amended to read as follows:
  c.  "Income"  means  income  from  all  sources after deduction of all
income and social  security  taxes  and  includes  social  security  and
retirement  benefits,  supplemental security income and additional state
payments, public assistance benefits, interest,  dividends,  net  rental
income,  salary  or  earnings,  and net income from self-employment, but
shall not include gifts or inheritances, payments  made  to  individuals
because  of  their  status as victims of Nazi persecution, as defined in
P.L. 103-286, or increases in benefits accorded pursuant to  the  social
security  act  or  a public or private pension paid to any member of the
household which increase, in any given year, does not exceed the consum-
er price index (all items United States  city  average)  for  such  year
which take effect after the date of eligibility of head of the household
receiving  benefits hereunder whether received by the head of the house-
hold or any other member of the household; PROVIDED HOWEVER THAT  INCOME

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

                                                           LBD02929-01-9

A. 1644                             2

SHALL  NOT  INCLUDE INCOME FROM SOCIAL SECURITY BENEFITS OR SUPPLEMENTAL
SECURITY INCOME PAYMENTS IF THE GOVERNING BOARD OF THE  MUNICIPALITY  IN
WHICH  THE  SENIOR CITIZEN RESIDES, AFTER PUBLIC HEARING, ADOPTS A LOCAL
LAW,  ORDINANCE,  OR  RESOLUTION  ELECTING  TO  EXEMPT SUCH BENEFITS AND
PAYMENTS;
  S 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
read as follows:
  f. "Income" means income received by the eligible head of  the  house-
hold combined with the income of all other members of the household from
all  sources after deduction of all income and social security taxes and
includes without limitation, social security  and  retirement  benefits,
supplemental  security  income  and  additional  state  payments, public
assistance benefits, interest, dividends, net rental income, salary  and
earnings,  and  net  income  from self employment, but shall not include
gifts or inheritances, payments made to  individuals  because  of  their
status  as  victims  of Nazi persecution as defined in P.L. 103-286, nor
increases in benefits accorded pursuant to the social security act or  a
public  or  private  pension  paid  to any member of the household which
increase, in any given year, does not exceed the  consumer  price  index
(all  items  United States city average) for such year which take effect
after the eligibility date of an eligible head of the household  receiv-
ing  benefits  hereunder  whether  received  by the eligible head of the
household or any other member of the household. When the  eligible  head
of the household has retired on or after the commencement of the taxable
period  and  prior  to  the  date  of  making  an application for a rent
increase exemption order/tax  abatement  certificate  pursuant  to  this
section,  such  person's income shall be adjusted by excluding salary or
earnings and projecting such person's retirement income over the  entire
taxable  period.    FOR  PURPOSES OF DETERMINING INCOME PURSUANT TO THIS
PARAGRAPH, INCOME SHALL NOT INCLUDE SOCIAL SECURITY BENEFITS AND SUPPLE-
MENTAL SECURITY INCOME PAYMENTS IF THE  GOVERNING  BOARD  OF  THE  LOCAL
MUNICIPALITY IN WHICH THE SENIOR CITIZEN RESIDES,  AFTER PUBLIC HEARING,
ADOPTS  A  LOCAL  LAW,  ORDINANCE, OR RESOLUTION ELECTING TO EXEMPT SUCH
BENEFITS AND PAYMENTS.
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendments  to paragraph c of subdivision 1 of section 467-b of the
real property tax law, made by section one of this act, shall not affect
the expiration of such section and shall be deemed to expire therewith.