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

                                  5011

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M.  of  A.  HAYES,  BARCLAY,  CROUCH, FINCH, McLAUGHLIN,
  D. MILLER, MURRAY, RAIA, SAYWARD -- Multi-Sponsored by  --  M.  of  A.
  BOYLE,  BURLING,  CALHOUN, CASTELLI, CERETTO, DUPREY, GIGLIO, GOODELL,
  HAWLEY, JOHNS, KOLB, McKEVITT,  MOLINARO,  MONTESANO,  OAKS,  TEDISCO,
  THIELE  --  read  once  and referred to the Committee on Real Property
  Taxation

AN ACT to amend the real property tax law,  in  relation  to  permitting
  senior citizens to substitute a more recent year's income for purposes
  of  determining  eligibility for the enhanced exemption for school tax
  relief

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

  Section  1.  Subparagraph  (i)  of  paragraph  (b) of subdivision 4 of
section 425 of the real property tax law is  amended  by  adding  a  new
clause (C-1) to read as follows:
  (C-1)  NOTWITHSTANDING  THE  PROVISIONS OF CLAUSES (B) AND (C) OF THIS
SUBPARAGRAPH, IN THE EVENT THAT A SENIOR CITIZEN WHO WOULD  BE  ELIGIBLE
FOR  THE  ENHANCED  EXEMPTION BUT FOR INCOME IN EXCESS OF THE APPLICABLE
INCOME STANDARD EXPERIENCES A DECREASE IN INCOME FROM TAX YEAR TWO THOU-
SAND TEN TO TAX YEAR TWO THOUSAND  ELEVEN,  THEN  FOR  THE  PURPOSES  OF
DETERMINING  ELIGIBILITY  FOR  THE  ENHANCED  EXEMPTION FOR THE YEAR TWO
THOUSAND TWELVE, SUCH SENIOR CITIZEN MAY SUBSTITUTE HIS OR HER TWO THOU-
SAND ELEVEN INCOME FOR HIS OR  HER  TWO  THOUSAND  TEN  INCOME  IF  SUCH
DECREASE  IN  INCOME RESULTS IN SUCH SENIOR CITIZEN'S INCOME MEETING THE
APPLICABLE INCOME STANDARD FOR THE YEAR TWO  THOUSAND  TWELVE;  PROVIDED
THAT  SUCH TWO THOUSAND ELEVEN INCOME TAX RETURN HAS BEEN FILED WITH THE
APPROPRIATE STATE OR FEDERAL AGENCY, OR OTHER  DOCUMENTATION  OF  INCOME
ELIGIBILITY  HAS  BEEN  FILED WITH THE ASSESSOR OF APPROPRIATE JURISDIC-
TION, PRIOR TO THE APPROPRIATE TAXABLE STATUS DATE. FOR EACH  SUBSEQUENT
SCHOOL  YEAR, THE APPLICABLE INCOME TAX AND STAR YEARS SHALL BE ADVANCED
BY ONE YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08726-01-1
              

A. 5011                             2

  S 2. The provisions of this act shall  be  construed  and  applied  in
accordance  with  those provisions of section 14 of part E of chapter 83
of the laws of 2002 amending the real property tax law.
  S  3.  In the event the amendments provided for in section one of this
act have not become law prior to the applicable taxable status date,  an
applicant  may  file  an  amended  application  for  the  enhanced  STAR
exemption. If such amended application is filed after the last date  for
hearing  complaints,  the  difference  between what such applicant would
have received had the application been accepted  for  an  enhanced  STAR
exemption  and  what  the  applicant received pursuant to the basic STAR
exemption shall be credited against the taxes levied in 2011,  provided,
however,  that  no  such  refund shall be applied that would result in a
refundable credit to such applicant.
  S 4. This act shall take effect immediately.