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

                                  8625

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M. of A. GIBSON, ROSENTHAL, PAULIN, DINOWITZ, J. RIVERA,
  BENEDETTO, WEISENBERG, MILLMAN, GOTTFRIED, GLICK,  KAVANAGH,  BOYLAND,
  COLTON,   CLARK,  TITONE,  ENGLEBRIGHT,  N. RIVERA,  KELLNER,  JAFFEE,
  CUSICK, CASTRO, CAMARA -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,
  COOK,  CYMBROWITZ, FARRELL, HOOPER, LENTOL, V. LOPEZ, MAISEL, McENENY,
  PERRY, REILLY, WEINSTEIN, WRIGHT -- read  once  and  referred  to  the
  Committee on Aging

AN  ACT  to  amend the real property tax law, in relation to providing a
  rent increase exemption to persons with disabilities

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

  Section  1.  Paragraph b of subdivision 3 of section 467-b of the real
property tax law, as amended by section 1 of chapter 188 of the laws  of
2005, is amended to read as follows:
  b.  (1)  for a dwelling unit where the head of the household qualifies
as a person with a disability  pursuant  to  subdivision  five  of  this
section,  no  tax  abatement shall be granted if the combined income for
all members of the household for the current income tax year exceeds the
maximum income above which such head  of  the  household  would  not  be
eligible  to  receive  cash  supplemental security income benefits under
federal law during such tax year[.]; OR
  (2) (I) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
PERSON WITH A DISABILITY DUE TO RECEIPT OF  CASH  SUPPLEMENTAL  SECURITY
INCOME  PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT
SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD
FOR THE CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME  ABOVE  WHICH
SUCH  HEAD  OF  HOUSEHOLD  WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLE-
MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
  (II) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD  QUALIFIES  AS  A
PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF SOCIAL SECURITY DISABILITY
INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01055-06-1
              

A. 8625                             2

OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
HOUSEHOLD  FOR  THE CURRENT INCOME TAX YEAR EXCEEDS TWENTY-NINE THOUSAND
DOLLARS;
  (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,  NO  TAX
ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
HOUSEHOLD  FOR  THE  CURRENT  INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME
ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
FEDERAL LAW DURING SUCH TAX YEAR; AND
  (IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF
SUCH INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, 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.
  PROVIDED  THAT  A  MUNICIPALITY  SHALL  NOT BE REQUIRED TO ENACT A NEW
LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER  PUBLIC  HEARING  PURSUANT  TO
SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
A  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARA-
GRAPH  AND  THE  MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH
ONE OF THIS PARAGRAPH.
  S 2. Paragraph b of subdivision 3 of section 467-b of the real proper-
ty tax law, as amended by section 2 of chapter 188 of the laws of  2005,
is amended to read as follows:
  b.  (1)  for a dwelling unit where the head of the household qualifies
as a person with a disability  pursuant  to  subdivision  five  of  this
section,  no  tax  abatement shall be granted if the combined income for
all members of the household for the current income tax year exceeds the
maximum income at which such head of the household would not be eligible
to receive cash supplemental security income benefits under federal  law
during such tax year[.]; OR
  (2)(I)  FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
PERSON WITH A DISABILITY DUE TO RECEIPT OF  CASH  SUPPLEMENTAL  SECURITY
INCOME  PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT
SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD
FOR THE CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME  ABOVE  WHICH
SUCH  HEAD  OF  HOUSEHOLD  WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLE-
MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
  (II) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD  QUALIFIES  AS  A
PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF SOCIAL SECURITY DISABILITY
INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION
OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
HOUSEHOLD  FOR  THE CURRENT INCOME TAX YEAR EXCEEDS TWENTY-NINE THOUSAND
DOLLARS;
  (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,  NO  TAX
ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE

A. 8625                             3

HOUSEHOLD  FOR  THE  CURRENT  INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME
ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
FEDERAL LAW DURING SUCH TAX YEAR; AND
  (IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF
SUCH  INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, 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.
  PROVIDED THAT A MUNICIPALITY SHALL NOT BE  REQUIRED  TO  ENACT  A  NEW
LOCAL  LAW,  ORDINANCE,  OR  RESOLUTION AFTER PUBLIC HEARING PURSUANT TO
SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
A LOCAL LAW, ORDINANCE, OR RESOLUTION PURSUANT  TO  SUBDIVISION  TWO  OF
THIS  SECTION  ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA-
GRAPH AND THE MUNICIPALITY CHOOSES TO  CONTINUE  UTILIZING  SUBPARAGRAPH
ONE OF THIS PARAGRAPH.
  S 3. Paragraph m of subdivision 1 of section 467-c of the real proper-
ty  tax  law, as added by chapter 188 of the laws of 2005, is amended to
read as follows:
  m. (1) "Person with a disability"  means  (I)  an  individual  who  is
currently  receiving  social  security  disability  insurance  (SSDI) or
supplemental security income (SSI) benefits  under  the  federal  social
security  act  or disability pension or disability compensation benefits
provided by the United States department of veterans  affairs  or  those
previously eligible by virtue of receiving disability benefits under the
supplemental  security  income program or the social security disability
program and currently receiving medical  assistance  benefits  based  on
determination  of disability as provided in section three hundred sixty-
six of the social services law; and
  (II) whose income for the current income tax year, together  with  the
income  of  all  members of such individual's household, does not exceed
the maximum income at which such individual would be eligible to receive
cash supplemental security income benefits under federal law during such
tax year.
  (2) IF THE GOVERNING BOARD OF A  MUNICIPALITY  FURTHER  ADOPTS,  AFTER
PUBLIC HEARING, A LOCAL LAW, ORDINANCE, OR RESOLUTION:
  (I)  THE  INCOME FOR THE CURRENT TAX YEAR, TOGETHER WITH THE INCOME OF
ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL  CURRENTLY
RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSIST-
ANCE  BENEFITS  BASED  ON  A  DETERMINATION OF DISABILITY AS PROVIDED IN
SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW,  MAY  EXCEED
THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE
CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH
TAX YEAR, BUT MAY NOT EXCEED TWENTY-NINE THOUSAND DOLLARS;
  (II)  THE  INCOME  FOR  THE CURRENT INCOME TAX YEAR, TOGETHER WITH THE
INCOME OF ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN  INDIVIDUAL
WHO IS CURRENTLY RECEIVING DISABILITY PENSION OR DISABILITY COMPENSATION
BENEFITS  PROVIDED  BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,
MAY EXCEED THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE
TO RECEIVE CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL  LAW
DURING  SUCH  TAX  YEAR,  BUT MAY NOT EXCEED THE MAXIMUM INCOME AT WHICH
SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH DISABILITY PENSION  OR
DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law, provided that the amendments to section
467-b of the real property tax law made by section one of this act shall

A. 8625                             4

be subject to the expiration and reversion of such section  pursuant  to
section  17  of  chapter  576 of the laws of 1974, as amended, when upon
such date the provisions of section two of this act shall take effect.