S T A T E   O F   N E W   Y O R K
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                                  5965

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M.  of A. CYMBROWITZ, DINOWITZ, CRESPO, JAFFEE, SIMOTAS,
  COLTON, ROSENTHAL, ROBINSON, WEPRIN, HOOPER, MOSLEY -- Multi-Sponsored
  by -- M. of A. ABBATE, AUBRY, GOTTFRIED, SCHIMEL, TITONE -- read  once
  and referred to the Committee 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 amended by section 1 of part U of chapter 55 of the
laws of 2014, 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,  twenty-nine  thousand
dollars  beginning  July  first,  two  thousand nine, and fifty thousand
dollars beginning July first, two thousand fourteen, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09169-02-5
              

A. 5965                             2

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 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,  subparagraph 1 as amended by section 2 of part U of chapter 55 of
the laws of 2014, 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,  twenty-nine thousand dollars beginning July first, two
thousand nine, and fifty thousand  dollars  beginning  July  first,  two
thousand fourteen, 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 paragraph and shall be deemed to expire therewith.