S T A T E   O F   N E W   Y O R K
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                                 362--A
    Cal. No. 185

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  KENNEDY, AVELLA, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Aging --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- reported  favora-
  bly  from  said  committee  and committed to the Committee on Rules --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the real property tax law, in relation to the senior
  citizen exemption and veteran disability compensation

  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 of the real
property tax law, as amended by chapter 259 of  the  laws  of  2009,  is
amended to read as follows:
  (a) if the income of the owner or the combined income of the owners of
the  property  for the income tax year immediately preceding the date of
making application for exemption  exceeds  the  sum  of  three  thousand
dollars, or such other sum not less than three thousand dollars nor more
than 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  the  local  law,  ordinance  or  resolution
adopted  pursuant to this section. Income tax year shall mean the twelve
month period for which the owner or  owners  filed  a  federal  personal
income  tax  return,  or  if no such return is filed, the calendar year.
Where title is vested in either the husband or the wife, their  combined
income  may  not  exceed  such sum, except where the husband or wife, or
ex-husband or ex-wife is absent from the property as provided in subpar-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00185-02-3

S. 362--A                           2

agraph (ii) of paragraph (d) of this subdivision, then only  the  income
of  the spouse or ex-spouse residing on the property shall be considered
and may not exceed such sum. Such income shall include  social  security
and  retirement  benefits, interest, dividends, total gain from the sale
or exchange of a capital asset which may be offset by a  loss  from  the
sale  or  exchange  of  a capital asset in the same income tax year, net
rental income, salary or earnings, and net income from  self-employment,
but  shall not include a return of capital, gifts, inheritances, VETERAN
DISABILITY COMPENSATION, AS DEFINED IN TITLE 38  OF  THE  UNITED  STATES
CODE, payments made to individuals because of their status as victims of
Nazi  persecution,  as  defined in P.L. 103-286 or monies earned through
employment in the federal foster grandparent program 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.   Furthermore,  such  income
shall  not  include the proceeds of a reverse mortgage, as authorized by
section six-h of the banking law, and sections two  hundred  eighty  and
two  hundred  eighty-a of the real property law; provided, however, that
monies used to repay a reverse mortgage may not be deducted from income,
and provided additionally that any interest or dividends  realized  from
the  investment of reverse mortgage proceeds shall be considered income.
[The provisions of this paragraph notwithstanding, such income shall not
include veterans disability compensation, as defined in Title 38 of  the
United  States  Code  provided the governing board of such municipality,
after public hearing,  adopts  a  local  law,  ordinance  or  resolution
providing  therefor.] In computing net rental income and net income from
self-employment no depreciation  deduction  shall  be  allowed  for  the
exhaustion,  wear  and  tear  of  real or personal property held for the
production of income;
  S 2. This act shall take effect immediately and shall apply  to  those
assessment  rolls having a taxable status date on or after January first
of the year next succeeding the year in which it  shall  have  become  a
law.