S T A T E O F N E W Y O R K
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10411
I N A S S E M B L Y
May 24, 2024
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Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Bichotte Hermelyn) -- read once and referred to the Committee on Aging
AN ACT to amend the real property tax law, in relation to the appropri-
ate tax year for assessing income requirements for certain real prop-
erty tax exemptions in a city with a population of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause 1 of subparagraph (v) of paragraph (a) of subdivi-
sion 5 of section 459-c of the real property tax law, as added by chap-
ter 276 of the laws of 2023, is amended to read as follows:
(1) except as provided in clause two of this subparagraph, the term
"income" as used in this section shall mean the "adjusted gross income"
for federal income tax purposes as reported on the applicant's federal
or state income tax return for the MOST RECENT income tax year [imme-
diately preceding the date of application] OR YEARS FOR WHICH DATA IS
SUFFICIENTLY AVAILABLE TO DETERMINE THE APPLICANT'S ELIGIBILITY FOR
EXEMPTIONS PURSUANT TO THIS SECTION, subject to any subsequent amend-
ments or revisions, minus any distributions, to the extent included in
federal adjusted gross income, received from an individual retirement
account and an individual retirement annuity; provided that if no such
return was filed for such income tax year, the applicant's income shall
be determined based on the amounts that would have so been reported if
such a return had been filed; and
§ 2. Clause 1 of subparagraph (v) of paragraph (a) of subdivision 3 of
section 467 of the real property tax law, as added by chapter 276 of the
laws of 2023, is amended to read as follows:
(1) Except as provided in clause two of this subparagraph, the term
"income" as used in this section shall mean the "adjusted gross income"
for federal income tax purposes as reported on the applicant's federal
or state income tax return for the MOST RECENT income tax year [imme-
diately preceding the date of application] OR YEARS FOR WHICH DATA IS
SUFFICIENTLY AVAILABLE TO DETERMINE THE APPLICANT'S ELIGIBILITY FOR
EXEMPTIONS PURSUANT TO THIS SECTION, subject to any subsequent amend-
ments or revisions, minus any distributions, to the extent included in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15770-01-4
A. 10411 2
federal adjusted gross income, received from an individual retirement
account and an individual retirement annuity; provided that if no such
return was filed for such income tax year, the applicant's income shall
be determined based on the amounts that would have so been reported if
such a return had been filed; and
§ 3. Clause (A) of subparagraph (ii) of paragraph c of subdivision 1
of section 467-b of the real property tax law, as amended by chapter 276
of the laws of 2023, is amended to read as follows:
(A) the sum of the adjusted gross incomes reported on the federal
income tax returns of the applicant and all other members of the appli-
cant's household for the MOST RECENT income tax year [immediately
preceding the date of application] OR YEARS FOR WHICH DATA IS SUFFI-
CIENTLY AVAILABLE TO DETERMINE THE APPLICANT'S ELIGIBILITY FOR
EXEMPTIONS PURSUANT TO THIS SECTION, subject to any subsequent amend-
ments or revisions, less any distributions, to the extent included in
each such adjusted gross income, received from an individual retirement
account or retirement annuity; provided that if no such income tax
return was filed by any member of the applicant's household for such
income tax year, the income of such applicant or member of the appli-
cant's household shall be determined as if such a return had been filed;
§ 4. Clause (i) of subparagraph 2 of paragraph f of subdivision 1 of
section 467-c of the real property tax law, as amended by chapter 276 of
the laws of 2023, is amended to read as follows:
(i) the sum of the adjusted gross incomes reported on the federal
income tax returns of the applicant and all other members of the appli-
cant's household for the MOST RECENT income tax year [immediately
preceding the date of application] OR YEARS FOR WHICH DATA IS SUFFI-
CIENTLY AVAILABLE TO DETERMINE THE APPLICANT'S ELIGIBILITY FOR
EXEMPTIONS PURSUANT TO THIS SECTION, subject to any subsequent amend-
ments or revisions, less any distributions, to the extent included in
each such adjusted gross income, received from an individual retirement
account or retirement annuity; provided that if no such income tax
return was filed by any member of the applicant's household for such
income tax year, the income of such applicant or member of the appli-
cant's household shall be determined as if such a return had been filed;
§ 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after May 3, 2023.