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

                                  1800

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M.  of  A.  DINOWITZ, ENGLEBRIGHT, ZEBROWSKI, J. RIVERA,
  EDDINGTON, GREENE, PHEFFER -- Multi-Sponsored by -- M. of  A.  ALFANO,
  BRENNAN,  COLTON,  DIAZ,  FARRELL, GOTTFRIED, HOOPER, MAISEL, McENENY,
  REILLY, SWEENEY, TITONE, WALKER --  read  once  and  referred  to  the
  Committee on Aging

AN  ACT  to  amend  the  real property tax law, in relation to excluding
  certain expenditures for medical care from the definition of  "income"
  for  the purpose of a tax abatement for rent-controlled and rent regu-
  lated property occupied by senior citizens

  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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03233-01-9

              

A. 1800                             2

A MUNICIPALITY, AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR
RESOLUTION PROVIDING THEREFOR;
  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  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 GOVERN-
ING BOARD OF A MUNICIPALITY, AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW,
ORDINANCE OR RESOLUTION PROVIDING THEREFOR.  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.
  S 3. This act shall take effect immediately, provided that the  amend-
ment  to paragraph c of subdivision 1 of section 467-b of the real prop-
erty tax law, made by section one of this  act,  shall  not  affect  the
expiration of such section and shall be deemed to expire therewith.