NY State Assembly Bill 2023-A5741

Assembly Bill A5741

2023-2024 Legislative Session

Provides for annual adjustment of the maximum income threshold for eligibility for SCRIE, DRIE, SCHE and DHE by any increase in the consumer price index

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Current Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2024	print number 5741a
May 28, 2024	amend and recommit to aging
Jan 03, 2024	referred to aging
Mar 23, 2023	referred to aging

Bill Amendments

Original

A (Active)

co-Sponsors

2023-A5741 - Details

Current Committee:: Assembly Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b, 467-c, 467 & 459-c, RPT L

2023-A5741 - Summary

Provides for annual adjustment of the maximum income threshold for eligibility for the senior citizen rent increase exemption (SCRIE), disability rent increase exemption (DRIE), senior citizen homeowners' exemption (SCHE), and disabled homeowners' exemption (DHE) by any increase in the consumer price index (CPI).

2023-A5741 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5741
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- 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), disability rent increase exemption
   (DRIE), senior citizen  homeowners'  exemption  (SCHE),  and  disabled
   homeowners' exemption (DHE) 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. Paragraphs a and b of subdivision 3 of section 467-b of the
 real property tax law, paragraph a as amended by section 1 of part U  of
 chapter 55 of the laws of 2014 and paragraph b as amended by chapter 129
 of the laws of 2014, are 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
 SHALL BE INCREASED BY ORDER OF THE COMMISSIONER OF THE STATE DIVISION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07217-01-3

 A. 5741                             2
 
 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.
   b.  for a dwelling unit where the head of the household qualifies as a
 person with a disability pursuant to subdivision five of  this  section,
 no tax abatement shall be granted if the combined income for all members
 of  the household for the current income tax year exceeds 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.   THE MAXIMUM INCOME THRESHOLD 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 CONSUM-
 ERS (CPI-U) DURING THE PRECEDING TWELVE MONTH PERIOD.
   § 2. Paragraphs d and m of subdivision 1 of section 467-c of the  real
 property  tax law, paragraph d as separately amended by chapters 188 and
 205 of the laws of 2005, subparagraph 1 of paragraph  d  as  amended  by
 section 2 of part U of chapter 55 of the laws of 2014 and paragraph m as
 amended  by  chapter  129  of  the  laws of 2014, are 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.
   m.  "Person  with  a  disability" means an individual who is currently
 receiving social security disability insurance  (SSDI)  or  supplemental
 security  income (SSI) benefits under the federal social security act or
 disability pension or disability compensation benefits provided  by  the
 United  States department of veterans affairs or those previously eligi-
 ble by virtue of receiving disability benefits  under  the  supplemental
 security  income  program  or the social security disability program and
 currently receiving medical assistance benefits based  on  determination
 A. 5741                             3
 
 of  disability  as  provided  in  section three hundred sixty-six of the
 social services law and whose income for the current  income  tax  year,
 together  with the income of all members of such individual's household,
 does  not  exceed fifty thousand dollars beginning July first, two thou-
 sand fourteen, as may be provided by local  law.    THE  MAXIMUM  INCOME
 THRESHOLD PROVIDED FOR HEREIN SHALL BE INCREASED BY ORDER OF THE COMMIS-
 SIONER 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
 PERIOD.
   § 3. Paragraph (a) of subdivision 3 of section 467 of the real proper-
 ty tax law, as separately amended by chapters 488 and section 1 of  part
 B of chapter 686 of the laws of 2022, is amended to read as follows:
   (a) if the income of the owner or the combined income of the owners of
 the  property  for the income tax year immediately preceding the date of
 making application for exemption  exceeds  the  sum  of  three  thousand
 dollars, or such other sum not less than three thousand dollars nor more
 than 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,
 fifty thousand dollars beginning July first,  two  thousand  twenty-two,
 and  in  a  city with a population of one million or more fifty thousand
 dollars beginning July first, two thousand seventeen, as may be provided
 by the local law, ordinance  or  resolution  adopted  pursuant  to  this
 section.    THE  MAXIMUM  INCOME  THRESHOLD PROVIDED FOR HEREIN SHALL BE
 INCREASED BY ORDER OF THE COMMISSIONER 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. Where the  taxable
 status date is on or before April fourteenth, income tax year shall mean
 the  twelve-month  period  for which the owner or owners filed a federal
 personal income tax return for the year before the income tax year imme-
 diately preceding the date of application and where the  taxable  status
 date  is  on  or  after  April fifteenth, income tax year shall mean the
 twelve-month period for which  the  owner  or  owners  filed  a  federal
 personal income tax return for the income tax year immediately preceding
 the  date of application. Where title is vested in either the husband or
 the wife, their combined income may not exceed such  sum,  except  where
 the husband or wife, or ex-husband or ex-wife is absent from the proper-
 ty  as  provided  in subparagraph (ii) of paragraph (d) of this subdivi-
 sion, then only the income of the spouse or ex-spouse  residing  on  the
 property  shall  be  considered and may not exceed such sum. Such income
 shall include social security and retirement benefits,  interest,  divi-
 dends, total gain from the sale or exchange of a capital asset which may
 be  offset by a loss from the sale or exchange of a capital asset in the
 same income tax year, net rental income, salary  or  earnings,  and  net
 income  from self-employment, but shall not include a return of capital,
 gifts, inheritances, payments  made  to  individuals  because  of  their
 status  as  victims  of  Nazi persecution, as defined in P.L. 103-286 or
 monies earned through  employment  in  the  federal  foster  grandparent
 program  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
 A. 5741                             4
 
 therefor. In  addition,  an  exchange  of  an  annuity  for  an  annuity
 contract,  which  resulted in non-taxable gain, as determined in section
 one thousand thirty-five of the internal revenue code, shall be excluded
 from  such income. Provided that such exclusion shall be based on satis-
 factory proof that such an exchange was solely an exchange of an annuity
 for an annuity contract that resulted in a non-taxable  transfer  deter-
 mined  by  such  section of the internal revenue code. Furthermore, such
 income shall not include the proceeds of a reverse mortgage, as  author-
 ized  by  section  six-h  of  the  banking law, and sections two hundred
 eighty and two hundred eighty-a of  the  real  property  law;  provided,
 however,  that  monies  used  to  repay  a  reverse  mortgage may not be
 deducted from income, and provided additionally  that  any  interest  or
 dividends  realized  from  the  investment  of reverse mortgage proceeds
 shall be considered income. The provisions of  this  paragraph  notwith-
 standing,  such  income  shall  not  include veterans disability compen-
 sation, as defined in Title 38 of the United States  Code  provided  the
 governing  board  of  such  municipality, after public hearing, adopts a
 local law, ordinance or resolution providing therefor. In computing  net
 rental  income  and  net  income  from  self-employment  no depreciation
 deduction shall be allowed for the exhaustion, wear and tear of real  or
 personal property held for the production of income;
   § 4. Paragraph (a) of subdivision 5 of section 459-c of the real prop-
 erty tax law, as separately amended by chapter 488 and section 2 of part
 B of chapter 686 of the laws of 2022, is amended to read as follows:
   (a) if the income of the owner or the combined income of the owners of
 the  property  for the income tax year immediately preceding the date of
 making application for exemption  exceeds  the  sum  of  three  thousand
 dollars, or such other sum not less than three thousand dollars nor more
 than 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  twenty-
 two,  and in a city with a population of one million or more fifty thou-
 sand dollars beginning July first, two thousand  seventeen,  as  may  be
 provided  by  the  local  law  or  resolution  adopted  pursuant to this
 section. THE MAXIMUM INCOME  THRESHOLD  PROVIDED  FOR  HEREIN  SHALL  BE
 INCREASED  BY ORDER OF THE COMMISSIONER 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. Income tax year
 shall mean the twelve month period for which the owner or owners filed a
 federal personal income tax return, or if no such return is  filed,  the
 calendar  year. Where title is vested in either the husband or the wife,
 their combined income may not exceed such sum, except where the  husband
 or  wife,  or  ex-husband  or ex-wife is absent from the property due to
 divorce, legal separation or abandonment, then only the  income  of  the
 spouse or ex-spouse residing on the property shall be considered and may
 not  exceed  such  sum.  Such  income  shall include social security and
 retirement benefits, interest, dividends, total gain from  the  sale  or
 exchange  of a capital asset which may be offset by a loss from the sale
 or exchange of a capital asset in the same income tax year,  net  rental
 income,  salary  or  earnings,  and net income from self-employment, but
 shall not include a return of capital,  gifts,  inheritances  or  monies
 earned  through employment in the federal foster grandparent program and
 any such income shall be offset by all  medical  and  prescription  drug
 A. 5741                             5
 
 expenses  actually  paid which were not reimbursed or paid for by insur-
 ance, if the governing board of a municipality, after a public  hearing,
 adopts  a  local  law or resolution providing therefor. In computing net
 rental  income  and  net  income  from  self-employment  no depreciation
 deduction shall be allowed for the exhaustion, wear and tear of real  or
 personal property held for the production of income;
   § 5. This act shall take effect immediately; provided that:
   (a) the amendments to paragraph a of subdivision 3 of section 467-b of
 the  real  property  tax  law  made by section one of this act shall not
 affect the expiration of such paragraph pursuant to section 4 of part  U
 of  chapter  55  of the laws of 2014, as amended, and shall be deemed to
 expire therewith;
   (b) the amendments to paragraph b of subdivision 3 of section 467-b of
 the real property tax law made by section one  of  this  act  shall  not
 affect the expiration of such paragraph pursuant to section 4 of chapter
 129 of the laws of 2014, as amended, and shall be deemed to expire ther-
 ewith;
   (c)  the  amendments to subparagraph 1 of paragraph d of subdivision 1
 of section 467-c of the real property tax law, made by  section  two  of
 this  act  shall not affect the expiration of such subparagraph pursuant
 to section 4 of part U of chapter 55 of the laws of  2014,  as  amended,
 and shall be deemed expired therewith; and
   (d) the amendments to paragraph m of subdivision 1 of section 467-c of
 the  real  property  tax  law, made by section two of this act shall not
 affect the expiration of such paragraph pursuant to section 4 of chapter
 129 of the laws of 2014, as amended, and shall be deemed expired  there-
 with.

co-Sponsors

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2023-A5741A (ACTIVE) - Details

Current Committee:: Assembly Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b, 467-c, 467 & 459-c, RPT L

2023-A5741A (ACTIVE) - Summary

2023-A5741A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5741--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. GLICK, SEAWRIGHT, EACHUS, PHEFFER AMATO, CARROLL
   -- read once and referred to  the  Committee  on  Aging  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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), disability  rent  increase  exemption
   (DRIE),  senior  citizen  homeowners'  exemption  (SCHE), and disabled
   homeowners' exemption (DHE) 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. Paragraphs a and b of subdivision 3 of section 467-b of the
 real  property tax law, paragraph a as amended by section 1 of part U of
 chapter 55 of the laws of 2014 and paragraph b as amended by chapter 129
 of the laws of 2014, are 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, AND SIXTY-ONE THOU-
 SAND DOLLARS BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FOUR, 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 application, the income for such year may be adjusted  by  excluding
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07217-03-4

 A. 5741--A                          2
 
 salary  or earnings and projecting [his or her] SUCH HEAD OF HOUSEHOLD'S
 retirement income over the entire period of  such  year.    THE  MAXIMUM
 INCOME  THRESHOLD PROVIDED FOR HEREIN SHALL BE INCREASED BY ORDER OF THE
 COMMISSIONER  OF  THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO
 REFLECT ANY INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
 FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR  STATIS-
 TICS  FOR  THE  REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS
 ESTABLISHED FOR THE MOST RECENT PRECEDING  CALENDAR  YEAR  AS  SHALL  BE
 PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO LATER THAN
 THE FIRST OF JULY IN ANY GIVEN YEAR, PROVIDED THAT FOR NEW YORK CITY AND
 ANY  MUNICIPALITY  THAT  ADOPTS  A  LOCAL  LAW,  ORDINANCE OR RESOLUTION
 PROVIDING FOR THE ABATEMENT OF TAXES PURSUANT TO  THIS  SECTION  IN  THE
 COUNTIES  OF  DUTCHESS,  NASSAU,  ORANGE, PUTNAM, ROCKLAND, SUFFOLK, AND
 WESTCHESTER, SUCH CONSUMER PRICE INDEX SHALL BE THE NEW YORK-NEWARK-JER-
 SEY CITY, NY-NJ-PA CONSUMER PRICE INDEX (CPI-U),  AND  PROVIDED  FURTHER
 THAT  FOR  ANY  OTHER MUNICIPALITY THAT ADOPTS A LOCAL LAW, ORDINANCE OR
 RESOLUTION PROVIDING  FOR  THE  ABATEMENT  OF  TAXES  PURSUANT  TO  THIS
 SECTION, SUCH CONSUMER PRICE INDEX SHALL BE THE NORTHEAST REGION CONSUM-
 ER PRICE INDEX.
   b.  for a dwelling unit where the head of the household qualifies as a
 person with a disability pursuant to subdivision five of  this  section,
 no tax abatement shall be granted if the combined income for all members
 of  the household for the current income tax year exceeds [fifty] SIXTY-
 ONE thousand dollars beginning July first, two thousand [fourteen] TWEN-
 TY-FOUR, as may be provided by the local law,  ordinance  or  resolution
 adopted pursuant to this section.  THE MAXIMUM INCOME THRESHOLD PROVIDED
 FOR  HEREIN SHALL BE INCREASED BY ORDER OF THE COMMISSIONER OF THE STATE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL TO REFLECT ANY INCREASE IN THE
 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS  PUBLISHED
 BY  THE UNITED STATES BUREAU OF LABOR STATISTICS FOR THE REGION IN WHICH
 THE HOUSING ACCOMMODATION IS LOCATED, AS ESTABLISHED FOR THE MOST RECENT
 PRECEDING CALENDAR YEAR AS SHALL BE PUBLISHED BY THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL NO LATER THAN THE FIRST OF JULY IN ANY GIVEN YEAR,
 PROVIDED THAT FOR NEW YORK CITY AND ANY MUNICIPALITY THAT ADOPTS A LOCAL
 LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE ABATEMENT OF TAXES PURSU-
 ANT TO THIS SECTION IN THE COUNTIES OF DUTCHESS, NASSAU, ORANGE, PUTNAM,
 ROCKLAND, SUFFOLK, AND WESTCHESTER, SUCH CONSUMER PRICE INDEX  SHALL  BE
 THE  NEW YORK-NEWARK-JERSEY CITY, NY-NJ-PA CONSUMER PRICE INDEX (CPI-U),
 AND PROVIDED FURTHER THAT FOR ANY OTHER MUNICIPALITY THAT ADOPTS A LOCAL
 LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE ABATEMENT OF TAXES PURSU-
 ANT TO THIS SECTION, SUCH CONSUMER PRICE INDEX SHALL  BE  THE  NORTHEAST
 REGION CONSUMER PRICE INDEX.
   §  2. Paragraphs d and m of subdivision 1 of section 467-c of the real
 property tax law, paragraph d as separately amended by chapters 188  and
 205  of  the  laws  of 2005, subparagraph 1 of paragraph d as amended by
 section 2 of part U of chapter 55 of the laws of 2014 and paragraph m as
 amended by chapter 129 of the laws of  2014,  are  amended  to  read  as
 follows:
   d. "Eligible head of the household" means (1) a person or [his or her]
 SUCH PERSON'S spouse who is sixty-two years of age or older and is enti-
 tled  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] SUCH PERSON'S spouse who was entitled to possession or  the  use
 A. 5741--A                          3
 
 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  begin-
 ning  July  first, two thousand five, twenty-six thousand dollars begin-
 ning  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,  AND  SIXTY-ONE  THOUSAND
 DOLLARS  BEGINNING  JULY  FIRST,  TWO  THOUSAND  TWENTY-FOUR,  as may be
 provided by local law; or (2) a person with a disability as  defined  in
 this  subdivision.    THE  MAXIMUM  INCOME THRESHOLD PROVIDED FOR HEREIN
 SHALL BE INCREASED BY ORDER OF THE COMMISSIONER OF THE STATE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL TO REFLECT ANY INCREASE  IN  THE  CONSUMER
 PRICE  INDEX  FOR  ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED BY THE
 UNITED STATES BUREAU OF LABOR STATISTICS FOR THE  REGION  IN  WHICH  THE
 HOUSING  ACCOMMODATION  IS  LOCATED,  AS ESTABLISHED FOR THE MOST RECENT
 PRECEDING CALENDAR YEAR AS SHALL BE PUBLISHED BY THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL NO LATER THAN THE FIRST OF JULY IN ANY GIVEN YEAR,
 PROVIDED THAT FOR NEW YORK CITY AND ANY MUNICIPALITY THAT ADOPTS A LOCAL
 LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE ABATEMENT OF TAXES PURSU-
 ANT TO THIS SECTION IN THE COUNTIES OF DUTCHESS, NASSAU, ORANGE, PUTNAM,
 ROCKLAND, SUFFOLK, AND WESTCHESTER, SUCH CONSUMER PRICE INDEX  SHALL  BE
 THE  NEW YORK-NEWARK-JERSEY CITY, NY-NJ-PA CONSUMER PRICE INDEX (CPI-U),
 AND PROVIDED FURTHER THAT FOR ANY OTHER MUNICIPALITY THAT ADOPTS A LOCAL
 LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE ABATEMENT OF TAXES PURSU-
 ANT TO THIS SECTION, SUCH CONSUMER PRICE INDEX SHALL  BE  THE  NORTHEAST
 REGION CONSUMER PRICE INDEX.
   m.  "Person  with  a  disability" means an individual who is currently
 receiving social security disability insurance  (SSDI)  or  supplemental
 security  income (SSI) benefits under the federal social security act or
 disability pension or disability compensation benefits provided  by  the
 United  States department of veterans affairs or those previously eligi-
 ble by virtue of receiving disability benefits  under  the  supplemental
 security  income  program  or the social security disability program and
 currently receiving medical assistance benefits based  on  determination
 of  disability  as  provided  in  section three hundred sixty-six of the
 social services law and whose income for the current  income  tax  year,
 together  with the income of all members of such individual's household,
 does not exceed [fifty] SIXTY-ONE thousand dollars beginning July first,
 two thousand [fourteen] TWENTY-FOUR, as may be provided  by  local  law.
 THE  MAXIMUM  INCOME THRESHOLD PROVIDED FOR HEREIN SHALL BE INCREASED BY
 ORDER OF THE COMMISSIONER OF THE STATE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL TO REFLECT ANY INCREASE IN THE  CONSUMER  PRICE  INDEX  FOR  ALL
 URBAN  CONSUMERS  FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU
 OF LABOR STATISTICS FOR THE REGION IN WHICH THE HOUSING ACCOMMODATION IS
 LOCATED, AS ESTABLISHED FOR THE MOST RECENT PRECEDING CALENDAR  YEAR  AS
 SHALL  BE  PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO
 LATER THAN THE FIRST OF JULY IN ANY GIVEN YEAR, PROVIDED  THAT  FOR  NEW
 YORK  CITY  AND  ANY  MUNICIPALITY THAT ADOPTS A LOCAL LAW, ORDINANCE OR
 RESOLUTION PROVIDING FOR THE ABATEMENT OF TAXES PURSUANT TO THIS SECTION
 IN THE COUNTIES OF DUTCHESS, NASSAU, ORANGE, PUTNAM, ROCKLAND,  SUFFOLK,
 AND  WESTCHESTER,  SUCH  CONSUMER  PRICE INDEX SHALL BE THE NEW YORK-NE-
 WARK-JERSEY CITY, NY-NJ-PA CONSUMER PRICE INDEX  (CPI-U),  AND  PROVIDED
 A. 5741--A                          4
 
 FURTHER  THAT  FOR ANY OTHER MUNICIPALITY THAT ADOPTS A LOCAL LAW, ORDI-
 NANCE OR RESOLUTION PROVIDING FOR THE ABATEMENT  OF  TAXES  PURSUANT  TO
 THIS  SECTION,  SUCH  CONSUMER PRICE INDEX SHALL BE THE NORTHEAST REGION
 CONSUMER PRICE INDEX.
   § 3. Subparagraph (i) of paragraph (a) of subdivision 3 of section 467
 of the real property tax law, as amended by section 2 of part K of chap-
 ter 59 of the laws of 2023, is amended to read as follows:
   (i) if the income of the owner or the combined income of the owners of
 the property for the applicable income tax year exceeds the sum of three
 thousand dollars, or such other sum not less than three thousand dollars
 nor  more  than [fifty] SIXTY-ONE thousand dollars BEGINNING JULY FIRST,
 TWO THOUSAND TWENTY-FOUR, as may be provided by the local law, ordinance
 or resolution adopted pursuant to this  section.    THE  MAXIMUM  INCOME
 THRESHOLD PROVIDED FOR HEREIN SHALL BE INCREASED BY ORDER OF THE COMMIS-
 SIONER TO REFLECT ANY INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN
 CONSUMERS  FOR  ALL  ITEMS  AS  PUBLISHED BY THE UNITED STATES BUREAU OF
 LABOR STATISTICS FOR THE REGION IN WHICH THE  HOUSING  ACCOMMODATION  IS
 LOCATED,  AS  ESTABLISHED FOR THE MOST RECENT PRECEDING CALENDAR YEAR AS
 SHALL BE PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  NO
 LATER  THAN  THE  FIRST OF JULY IN ANY GIVEN YEAR, PROVIDED THAT FOR NEW
 YORK CITY AND ANY MUNICIPALITY THAT ADOPTS A  LOCAL  LAW,  ORDINANCE  OR
 RESOLUTION PROVIDING FOR THE ABATEMENT OF TAXES PURSUANT TO THIS SECTION
 IN  THE COUNTIES OF DUTCHESS, NASSAU, ORANGE, PUTNAM, ROCKLAND, SUFFOLK,
 AND WESTCHESTER, SUCH CONSUMER PRICE INDEX SHALL  BE  THE  NEW  YORK-NE-
 WARK-JERSEY  CITY,  NY-NJ-PA  CONSUMER PRICE INDEX (CPI-U), AND PROVIDED
 FURTHER THAT FOR ANY OTHER MUNICIPALITY THAT ADOPTS A LOCAL  LAW,  ORDI-
 NANCE  OR  RESOLUTION  PROVIDING  FOR THE ABATEMENT OF TAXES PURSUANT TO
 THIS SECTION, SUCH CONSUMER PRICE INDEX SHALL BE  THE  NORTHEAST  REGION
 CONSUMER PRICE INDEX.
   §  4.  Subparagraph  (i)  of paragraph (a) of subdivision 5 of section
 459-c of the real property tax law, as amended by section 8 of part K of
 chapter 59 of the laws of 2023, is amended to read as follows:
   (i) if the income of the owner or the combined income of the owners of
 the property for the applicable income tax year exceeds the sum of three
 thousand dollars, or such other sum not less than three thousand dollars
 nor more than [fifty] SIXTY-ONE thousand dollars BEGINNING  JULY  FIRST,
 TWO  THOUSAND TWENTY-FOUR, as may be provided by the local law or resol-
 ution adopted pursuant to this section.   THE MAXIMUM  INCOME  THRESHOLD
 PROVIDED  FOR  HEREIN SHALL BE INCREASED BY ORDER OF THE COMMISSIONER TO
 REFLECT ANY INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
 FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR  STATIS-
 TICS  FOR  THE  REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS
 ESTABLISHED FOR THE MOST RECENT PRECEDING  CALENDAR  YEAR  AS  SHALL  BE
 PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO LATER THAN
 THE FIRST OF JULY IN ANY GIVEN YEAR, PROVIDED THAT FOR NEW YORK CITY AND
 ANY  MUNICIPALITY  THAT  ADOPTS  A  LOCAL  LAW,  ORDINANCE OR RESOLUTION
 PROVIDING FOR THE ABATEMENT OF TAXES PURSUANT TO  THIS  SECTION  IN  THE
 COUNTIES  OF  DUTCHESS,  NASSAU,  ORANGE, PUTNAM, ROCKLAND, SUFFOLK, AND
 WESTCHESTER, SUCH CONSUMER PRICE INDEX SHALL BE THE NEW YORK-NEWARK-JER-
 SEY CITY, NY-NJ-PA CONSUMER PRICE INDEX (CPI-U),  AND  PROVIDED  FURTHER
 THAT  FOR  ANY  OTHER MUNICIPALITY THAT ADOPTS A LOCAL LAW, ORDINANCE OR
 RESOLUTION PROVIDING  FOR  THE  ABATEMENT  OF  TAXES  PURSUANT  TO  THIS
 SECTION, SUCH CONSUMER PRICE INDEX SHALL BE THE NORTHEAST REGION CONSUM-
 ER PRICE INDEX.
   § 5. This act shall take effect immediately; provided that:
 A. 5741--A                          5
 
   (a) the amendments to paragraph a of subdivision 3 of section 467-b of
 the  real  property  tax  law  made by section one of this act shall not
 affect the expiration of such paragraph pursuant to section 4 of part  U
 of  chapter  55  of the laws of 2014, as amended, and shall be deemed to
 expire therewith;
   (b) the amendments to paragraph b of subdivision 3 of section 467-b of
 the  real  property  tax  law  made by section one of this act shall not
 affect the expiration of such paragraph pursuant to section 4 of chapter
 129 of the laws of 2014, as amended, and shall be deemed to expire ther-
 ewith;
   (c) the amendments to subparagraph 1 of paragraph d of  subdivision  1
 of  section  467-c  of the real property tax law, made by section two of
 this act shall not affect the expiration of such  subparagraph  pursuant
 to  section  4  of part U of chapter 55 of the laws of 2014, as amended,
 and shall be deemed expired therewith; and
   (d) the amendments to paragraph m of subdivision 1 of section 467-c of
 the real property tax law, made by section two of  this  act  shall  not
 affect the expiration of such paragraph pursuant to section 4 of chapter
 129  of the laws of 2014, as amended, and shall be deemed expired there-
 with.

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Assembly Bill A5741

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Sponsored By

GLICK

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Rebecca Seawright

Christopher Eachus

Stacey Pheffer Amato

Robert C. Carroll

2023-A5741 - Details

2023-A5741 - Summary

2023-A5741 - Bill Text download pdf

co-Sponsors

Rebecca Seawright

Christopher Eachus

Stacey Pheffer Amato

Robert C. Carroll

2023-A5741A (ACTIVE) - Details

2023-A5741A (ACTIVE) - Summary

2023-A5741A (ACTIVE) - Bill Text download pdf

Comments