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

                                  7520

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Aging

AN ACT to amend the real property tax law,  in  relation  to  permitting
  senior citizens whose spouses are deceased to substitute a more recent
  year's income for purposes of determining eligibility for the enhanced
  exemption for school tax relief

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

  Section 1. Subparagraph (i) of  paragraph  (b)  of  subdivision  4  of
section  425  of  the  real  property tax law is amended by adding a new
clause (C-1) to read as follows:
  (C-1) NOTWITHSTANDING THE PROVISIONS OF CLAUSE (C)  OF  THIS  SUBPARA-
GRAPH,  IN THE EVENT THAT A SENIOR CITIZEN WHO, AS A RESULT OF THE DEATH
OF HIS OR HER SPOUSE, EXPERIENCES A SUFFICIENT DECREASE IN INCOME DURING
THE TAX YEAR IMMEDIATELY PRECEDING THE DATE OF  MAKING  APPLICATION  FOR
THE  EXEMPTION, THEN FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR THE
ENHANCED EXEMPTION, SUCH SENIOR CITIZEN MAY USE HIS OR  HER  INCOME  FOR
SUCH  YEAR;  PROVIDED  THAT THE INCOME TAX RETURN FOR SUCH YEAR HAS BEEN
FILED WITH THE APPROPRIATE STATE OR FEDERAL AGENCY, OR OTHER  DOCUMENTA-
TION OF INCOME ELIGIBILITY HAS BEEN FILED WITH THE ASSESSOR OF APPROPRI-
ATE JURISDICTION, PRIOR TO APRIL THIRTIETH.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05235-01-9