S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          910

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced  by  Sen. KRUEGER -- 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 increasing the
         allowable maximum income of persons occupying rental  units  otherwise
         eligible for tax abatement in certain cases

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph a of subdivision 3 of section 467-b of  the  real
    2  property  tax  law, as separately amended by chapters 188 and 205 of the
    3  laws of 2005, is amended to read as follows:
    4    a. for a dwelling unit where the head of the  household  is  a  person
    5  sixty-two  years  of  age or older, no tax abatement shall be granted if
    6  the combined income of all members of the household for the  income  tax
    7  year  immediately  preceding the date of making application exceeds four
    8  thousand dollars, or such other sum not more than [twenty-five  thousand
    9  dollars  beginning  July  first,  two thousand five, twenty-six thousand
   10  dollars beginning July first, two thousand  six,  twenty-seven  thousand
   11  dollars  beginning July first, two thousand seven, twenty-eight thousand
   12  dollars beginning July first, two thousand eight, and twenty-nine  thou-
   13  sand  dollars  beginning  July first, two thousand nine,] FIFTY THOUSAND
   14  DOLLARS as may be provided by the local  law,  ordinance  or  resolution
   15  adopted  pursuant  to  this  section, provided that when the head of the
   16  household retires before the commencement of such income  tax  year  and
   17  the  date  of  filing  the  application, the income for such year may be
   18  adjusted by excluding salary or  earnings  and  projecting  his  or  her
   19  retirement income over the entire period of such year.
   20    S 2. Paragraph d of subdivision 1 of section 467-c of the real proper-
   21  ty tax law, as separately amended by chapters 188 and 205 of the laws of
   22  2005, is amended to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04043-01-1

       S. 910                              2

    1    d. "Eligible  head  of the household" means (1) a person or his or her
    2  spouse who is sixty-two years of age or older and  is  entitled  to  the
    3  possession  or  to  the  use and occupancy of a dwelling unit, provided,
    4  however, with respect to a dwelling which  was  subject  to  a  mortgage
    5  insured  or  initially  insured  by  the  federal government pursuant to
    6  section two hundred thirteen of the National  Housing  Act,  as  amended
    7  "eligible  head of the household" shall be limited to that person or his
    8  or her spouse who was entitled to possession or the use and occupancy of
    9  such dwelling unit at the time of  termination  of  such  mortgage,  and
   10  whose  income  when combined with the income of all other members of the
   11  household, does not exceed six thousand five  hundred  dollars  for  the
   12  taxable  period,  or  such  other  sum not less than [sixty-five hundred
   13  dollars nor more than twenty-five thousand dollars beginning July first,
   14  two thousand five, twenty-six thousand dollars beginning July first, two
   15  thousand six, twenty-seven thousand dollars beginning  July  first,  two
   16  thousand  seven, twenty-eight thousand dollars beginning July first, two
   17  thousand eight, and twenty-nine thousand dollars beginning  July  first,
   18  two  thousand  nine,] FIFTY THOUSAND DOLLARS as may be provided by local
   19  law; or (2) a person with a disability as defined in this subdivision.
   20    S 3. This act shall take effect on the thirtieth day  after  it  shall
   21  have  become  a  law,  provided, however, that the amendments to section
   22  467-b of the real property tax law made by section one of this act shall
   23  not affect the expiration of such section pursuant to chapter 576 of the
   24  laws of 1974, as amended, and shall be deemed to expire therewith.