S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8128
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Cities
 
 AN ACT to amend the real property tax  law,  in  relation  to  providing
   certain  elderly individuals with an exemption from increases in water
   rates
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 467-aa to read as follows:
   § 467-AA. WATER RATE FREEZE IN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE. 1. DEFINITIONS.  AS USED IN THIS SECTION:
   (A) "QUALIFIED RESIDENT" MEANS A PERSON  WHO  IS  AT  LEAST  SIXTY-TWO
 YEARS  OF  AGE  AND  HAS HAD A TOTAL HOUSEHOLD INCOME OF LESS THAN FIFTY
 THOUSAND DOLLARS FOR TWO CONSECUTIVE INCOME TAX YEARS BEGINNING  IN  TWO
 THOUSAND  FIFTEEN,  AS  VERIFIED  BY  THE  NEW  YORK  CITY DEPARTMENT OF
 FINANCE;
   (B) "EXEMPTION" MEANS THE EXEMPTION TO  FUTURE  WATER  RATE  INCREASES
 PROVIDED IN SUBDIVISION TWO OF THIS SECTION; AND
   (C)  "PRIMARY  DOMICILE"  MEANS  REAL  PROPERTY  OWNED  BY ONE OR MORE
 PERSONS, EACH OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OVER, OR REAL  PROP-
 ERTY OWNED BY HUSBAND AND WIFE OR BY SIBLINGS, ONE OF WHOM IS SIXTY-FIVE
 YEARS  OF  AGE  OR  OVER, OR REAL PROPERTY OWNED BY ONE OR MORE PERSONS,
 SOME OF WHOM QUALIFY UNDER THIS SECTION AND THE OTHERS OF  WHOM  QUALIFY
 UNDER  SECTION FOUR HUNDRED FIFTY-NINE-C OF THIS TITLE. FOR THE PURPOSES
 OF THIS SECTION, SIBLING SHALL MEAN  A  BROTHER  OR  A  SISTER,  WHETHER
 RELATED THROUGH HALF BLOOD, WHOLE BLOOD OR ADOPTION.
   2.  EXEMPTION. A QUALIFIED RESIDENT OF A CITY WITH A POPULATION OF ONE
 MILLION OR MORE SHALL BE ELIGIBLE FOR AN EXEMPTION TO ANY  FUTURE  WATER
 RATE  INCREASES  AT  THE  PRIMARY DWELLING OF SUCH INDIVIDUAL; PROVIDED,
 HOWEVER, THAT NO INDIVIDUAL SHALL BE ELIGIBLE FOR THE EXEMPTION AT  MORE
 THAN ONE DWELLING UNIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11047-04-7

 A. 8128                             2
 
   3.  TEMPORARY  SUSPENSION OF EXEMPTION. THE EXEMPTION MAY BE SUSPENDED
 FOR NO MORE THAN ONE CALENDAR YEAR IN THE EVENT OF A DROUGHT OR EXTRAOR-
 DINARY CATASTROPHIC ENVIRONMENTAL EVENT AS  DETERMINED  JOINTLY  BY  THE
 COMMISSIONER  OF  ENVIRONMENTAL CONSERVATION AND THE COMMISSIONER OF THE
 DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK.
   4. ELIGIBILITY. AN INDIVIDUAL'S ENROLLMENT IN THE SENIOR CITIZEN HOME-
 OWNER  EXEMPTION PROVIDED IN SECTION 11-245.3 OF THE ADMINISTRATIVE CODE
 OF THE CITY OF NEW YORK OR THE EXEMPTION FOR PERSONS  WITH  DISABILITIES
 PROVIDED  IN  SECTION 11-245.4 OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK SHALL NOT PRECLUDE AN OTHERWISE QUALIFIED RESIDENT FROM  ELIGI-
 BILITY FOR THE EXEMPTION PROVIDED IN THIS SECTION.
   5. PREEMPTION. THE PROVISIONS OF THIS SECTION SHALL EXCLUSIVELY GOVERN
 THE  EXEMPTION  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION NOTWITH-
 STANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY;  AND  FURTHER,
 NO  LOCAL  LAW SHALL BE ENACTED WHICH SHALL PURPORT TO EXPAND OR CURTAIL
 THE EXEMPTION ESTABLISHED HEREIN.
   § 2. This act shall take effect immediately.