S T A T E   O F   N E W   Y O R K
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                                  1134

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens.  PERKINS,  DIAZ,  DILAN,  DUANE, HASSELL-THOMPSON,
  KRUEGER, MONTGOMERY, ONORATO, PARKER, SCHNEIDERMAN, STAVISKY, THOMPSON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Aging

AN ACT to amend the real property tax law, in relation to increasing the
  combined household income limit for eligibility for a  senior  citizen
  rent  increase  exemption  (SCRIE)    and for a municipal property tax
  abatement for rent-controlled and rent regulated property occupied  by
  senior citizens on the basis of the consumer price index

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

  Section 1. Paragraph a of subdivision 3 of section 467-b of  the  real
property  tax  law, as separately amended by chapters 188 and 205 of the
laws of 2005, is amended to read as follows:
  a. for a dwelling unit where the head of the  household  is  a  person
sixty-two  years  of  age or older, no tax abatement shall be granted if
the combined income of all members of the household for the  income  tax
year  immediately  preceding the date of making application exceeds four
thousand dollars, or such other sum not more than  twenty-five  thousand
dollars  beginning  July  first,  two thousand five, 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, and twenty-nine  thou-
sand dollars beginning July first, two thousand nine, as may be provided
by  the  local  law,  ordinance  or  resolution adopted pursuant to this
section, provided that when the head of the household retires before the
commencement of such income tax year and the date of filing the applica-
tion, the income for such year may be adjusted by  excluding  salary  or
earnings  and  projecting  his  or her retirement income over the entire
period of such year.  THE MAXIMUM INCOME THRESHOLD PROVIDED  FOR  HEREIN
SHALL BE INCREASED BY ORDER OF THE COMMISSIONER OF THE STATE DIVISION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05454-01-9
              

S. 1134                             2

HOUSING  AND COMMUNITY RENEWAL  ON JANUARY FIRST OF EACH YEAR TO REFLECT
ANY INCREASE  IN  THE  REGIONAL  CONSUMER  PRICE  INDEX  FOR  THE  N.Y.,
N.Y.-NORTHEASTERN, N.J. AREA, BASED UPON THE INDEX FOR ALL URBAN CONSUM-
ERS (CPI-U) DURING THE PRECEDING TWELVE MONTH PERIOD.
  S 2. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, is amended to read as follows:
  d.  "Eligible  head of the household" means (1) a person or his or her
spouse who is sixty-two years of age or older and  is  entitled  to  the
possession  or  to  the  use and occupancy of a dwelling unit, provided,
however, with respect to a dwelling 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
"eligible  head of the household" shall be limited to that person or his
or her spouse who was entitled to possession or the use and occupancy of
such dwelling unit at the time of  termination  of  such  mortgage,  and
whose  income  when combined with the income of all other members of the
household, does not exceed six thousand five  hundred  dollars  for  the
taxable  period,  or  such  other  sum  not less than sixty-five hundred
dollars nor more than twenty-five thousand dollars beginning July first,
two thousand five, 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, and twenty-nine thousand dollars beginning  July  first,
two thousand nine, as may be provided by local law; or (2) a person with
a disability as defined in this subdivision.  THE MAXIMUM INCOME THRESH-
OLD  PROVIDED FOR HEREIN SHALL BE INCREASED BY ORDER OF THE COMMISSIONER
OF THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL  ON JANUARY FIRST
OF EACH YEAR TO REFLECT ANY INCREASE  IN  THE  REGIONAL  CONSUMER  PRICE
INDEX  FOR  THE N.Y., N.Y.-NORTHEASTERN, N.J. AREA, BASED UPON THE INDEX
FOR ALL URBAN CONSUMERS (CPI-U) DURING THE PRECEDING TWELVE MONTH  PERI-
OD.
  S  3. This act shall take effect immediately, provided that the amend-
ment to paragraph a of subdivision 3 of section 467-b of the real  prop-
erty  tax law made by section one of this act shall not affect the expi-
ration of such section pursuant to section 17 of chapter 576 of the laws
of 1974, as amended, and shall be deemed to expire therewith.