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

                                  9516

                          I N  A S S E M B L Y

                             January 8, 2010
                               ___________

Introduced  by  M.  of  A.  DINOWITZ, ENGLEBRIGHT, ZEBROWSKI, J. RIVERA,
  PHEFFER -- Multi-Sponsored by -- M. of  A.  ALFANO,  BRENNAN,  COLTON,
  FARRELL,  GOTTFRIED,  HOOPER, MAISEL, McENENY, REILLY, SWEENEY, TITONE
  -- 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
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:

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

                                                           LBD03233-01-9

A. 9516                             2

  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.