S T A T E   O F   N E W   Y O R K
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                                  5689

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee 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
HOUSING AND COMMUNITY RENEWAL  ON JANUARY FIRST OF EACH YEAR TO  REFLECT
ANY  INCREASE  IN  THE  REGIONAL  CONSUMER  PRICE  INDEX  FOR  THE N.Y.,

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

A. 5689                             2

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.