S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3379
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. DINOWITZ, ENGLEBRIGHT, ZEBROWSKI, RIVERA, JAFFEE
   -- Multi-Sponsored by -- M. of A. COLTON, GOTTFRIED -- read  once  and
   referred 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.
                                                            LBD00715-01-9
              

 A. 3379                             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.