NY State Senate Bill 2017-S4879

Senate Bill S4879

2017-2018 Legislative Session

Includes in definition of income all sources after deduction of all medical and prescription drugs not reimbursed or paid by insurance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to aging

co-Sponsors

2017-S4879 (ACTIVE) - Details

See Assembly Version of this Bill:: A1374
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b & 467-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1800, A9516
2011-2012: S500, A758
2013-2014: S18, A428
2015-2016: S464, A1113
2019-2020: A3379
2021-2022: A2253
2023-2024: A6053

2017-S4879 (ACTIVE) - Summary

Excludes expenditures for medical care not covered by insurance from the definition of "income" for the purpose of a real property tax abatement for rent-controlled and rent regulated property occupied by senior citizens.

2017-S4879 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4879

 TITLE OF BILL :

An act to amend the real property tax law, in relation to excluding
certain expenditures for medical care from the definition of "income"
for the purpose of a tax abatement for rent-controlled and rent
regulated property occupied by senior citizens


 PURPOSE OR GENERAL IDEA OF BILL :

Excludes certain medical expenses from the definition of "income" when
determining eligibility for the Senior Citizen Rent Increase Exemption
Program.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 Amends the Real Property Tax Law, Section 467-b, subdivision
1, paragraph c. Excludes all medical and prescription drug expenses
not reimbursed or paid for by insurance from the definition of
"income" for the purpose of determining eligibility for the Senior
Citizen Rent Increase Exemption (SCRIE) Program.

Section 2. Amends the Real Property Tax Law Section 467-c, subdivision
1, paragraph f. Excludes all medical and prescription drug expenses

not reimbursed or paid for by insurance from the definition of
"income" for the purpose of determining eligibility for the Senior
Citizen Rent Increase Exemption (SCRIE) Program.

Section 3. Effective Date

 EXISTING LAW :

Real Property Tax Law; Article 4-Exemptions; Title 2-Private Property;
Section 467-b - Tax abatement for rent-controlled and rent regulated
property occupied by senior citizens or persons with disabilities; and
Section 467-c - Exemption for property owned by certain housing
companies and occupied by senior citizens or persons with
disabilities. Medical and prescription drug expenses are currently not
included in the definition of income used to determine SCRIE
eligibility.

 JUSTIFICATION :

For many senior citizens living on a fixed income, medical treatment
and prescription drug costs not covered by insurance represents a
financial burden that affects their standard of living. With the cost
of living constantly rising, it is important that new and innovative
approaches be explored in regard to providing assistance to this
population. It is the intent of this legislation to provide such
assistance by enabling more seniors to be eligible for SCRIE.

 PRIOR LEGISLATIVE HISTORY :

2016: S.464 - REFERRED TO AGING/A.1113 - referred to aging
2015: S.464 - REFERRED TO AGING/A.1113 - referred to aging
2014: S.18 - Referred to Aging/A.428 - Referred to Aging
2013: S.18 - Died on 3rd Rdg. Cal/A.428 - Referred to Aging
2012: S.500 - Referred to Housing, Construction and Community
Development/A.758 - Referred to Aging
2011: S.500 - Discharged from Aging and Committed to Housing,
Construction and Community Development/A.758 Reported, Referred to
Ways and Means
2010: S.6685 - Reported and Committed to Finance/A.9516- Passed
Assembly
2009: S.2210 - Passed Senate/A.1800 - Passed Senate Veto 12
2007-08: A.10045 - Passed Assembly
2005-06: A.2242 - Passed Assembly

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that the amendment to
paragraph c of subdivision I of section 467 -b of the real property
tax law, made by section one of this act, shall not affect the
expiration of such section and shall be deemed to expire therewith.

2017-S4879 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4879
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sens. DIAZ, AVELLA -- read twice and ordered printed, and
   when printed to be committed to the Committee on Aging
 
 AN ACT to amend the real property tax  law,  in  relation  to  excluding
   certain  expenditures for medical care from the definition of "income"
   for the purpose of a tax abatement for rent-controlled and rent  regu-
   lated property occupied by senior citizens
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph c of subdivision 1 of section 467-b of  the  real
 property  tax  law,  as  amended  by chapter 500 of the laws of 2001, is
 amended to read as follows:
   c. "Income" means income from  all  sources  after  deduction  of  all
 income  and  social  security  taxes  and  includes  social security and
 retirement benefits, supplemental security income and  additional  state
 payments,  public  assistance  benefits, interest, dividends, net rental
 income, salary or earnings, and net  income  from  self-employment,  but
 shall  not  include  gifts or inheritances, payments made to individuals
 because of their status as victims of Nazi persecution,  as  defined  in
 P.L.  103-286,  or increases in benefits accorded pursuant to the social
 security act or a public or private pension paid to any  member  of  the
 household which increase, in any given year, does not exceed the consum-
 er  price  index  (all  items  United States city average) for such year
 which take effect after the date of eligibility of head of the household
 receiving benefits hereunder whether received by the head of the  house-
 hold  or any other member of the household  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 GOVERNING BOARD  OF
 A MUNICIPALITY, AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR
 RESOLUTION PROVIDING THEREFOR;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03559-01-7

 S. 4879                             2
 
   § 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
 ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
 read as follows:
   f.  "Income"  means income received by the eligible head of the house-
 hold combined with the income of all other members of the household from
 all sources after deduction of all income and social security taxes  and
 includes  without  limitation,  social security and retirement benefits,
 supplemental security  income  and  additional  state  payments,  public
 assistance  benefits, interest, dividends, net rental income, salary and
 earnings, and net income from self employment,  but  shall  not  include
 gifts  or  inheritances,  payments  made to individuals because of their
 status as victims of Nazi persecution as defined in  P.L.  103-286,  nor
 increases  in benefits accorded pursuant to the social security act or a
 public or private pension paid to any  member  of  the  household  which
 increase,  in  any  given year, does not exceed the consumer price index
 (all items United States city average) for such year which  take  effect
 after  the eligibility date of an eligible head of the household receiv-
 ing benefits hereunder whether received by  the  eligible  head  of  the
 household  or  any  other  member  of the household  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.  When the eligible  head  of
 the  household  has  retired on or after the commencement of the taxable
 period and prior to the  date  of  making  an  application  for  a  rent
 increase  exemption  order/tax  abatement  certificate  pursuant to this
 section, such person's income shall be adjusted by excluding  salary  or
 earnings  and projecting such person's retirement income over the entire
 taxable period.
   § 3. This act shall take effect immediately, provided that the  amend-
 ment  to paragraph c of subdivision 1 of section 467-b of the real prop-
 erty tax law, made by section one of this  act,  shall  not  affect  the
 expiration of such section and shall be deemed to expire therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4879

Share this bill

Sponsored By

Ruben Diaz