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.