Bill S1012B-2009

Provides for determining the income limit for eligibility for certain tax abatements; repealer

Changes the formula for determining the combined household income limit for eligibility for a tax abatement for rent controlled and rent regulated property occupied by senior citizens; defines "consumer price index" and "cost of living adjustment".

Details

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Actions

  • May 24, 2010: ADVANCED TO THIRD READING
  • May 18, 2010: 2ND REPORT CAL.
  • May 17, 2010: 1ST REPORT CAL.549
  • May 12, 2010: PRINT NUMBER 1012B
  • May 12, 2010: AMEND AND RECOMMIT TO AGING
  • Apr 16, 2010: PRINT NUMBER 1012A
  • Apr 16, 2010: AMEND AND RECOMMIT TO AGING
  • Jan 6, 2010: REFERRED TO AGING
  • Feb 9, 2009: REPORTED AND COMMITTED TO FINANCE
  • Jan 22, 2009: REFERRED TO AGING

Votes

VOTE: COMMITTEE VOTE: - Aging - May 17, 2010
Ayes (8): Diaz, Oppenheimer, Kruger, Stavisky, Savino, Serrano, Addabbo, Golden
Ayes W/R (2): Farley, LaValle
Nays (2): Ranzenhofer, Flanagan

Memo

 BILL NUMBER:  S1012B

TITLE OF BILL : An act to amend the real property tax law, in relation to determining the combined household income limit for eligibility for a tax abatement for rent-controlled and rent regulated property occupied by senior citizens; and repealing certain provisions of such law relating thereto

SUMMARY : This bill would amend the real property tax law, as amended by chapters 145 and 166 of the laws of 1992. This bill would allow municipalities the option to alter the participant eligibility criteria by raising the income ceilings in direct proportion to the percent increase in the Consumer Price Index on an annual basis. This bill designates that the state department of labor shall notify each municipality to which this bill applies, of the consumer price index as reported by the United States Department of Labor.

JUSTIFICATION : By initiating an automatic increase, this would eliminate the need to introduce a different bill each session, in order to increase the ceiling, to reflect the increase in the cost of living for senior citizens.

FISCAL IMPLICATION : None to the State.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 1012--B 2009-2010 Regular Sessions IN SENATE January 22, 2009 ___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- recommitted to the Committee on Aging in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 determining the combined household income limit for eligibility for a tax abate- ment for rent-controlled and rent regulated property occupied by senior citizens; and repealing certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 3 of section 467-b of the real property tax law is REPEALED and a new paragraph a is added to read as follows: A. 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-FOUR THOUSAND DOLLARS OR, AFTER CALENDAR YEAR TWO THOUSAND ELEVEN, AN AMOUNT EQUAL TO THE MAXIMUM INCOME FOR THE PREVIOUS YEAR MULTIPLIED BY THE COST OF LIVING ADJUSTMENT FOR SUCH YEAR 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 YEAR AND THE DATE OF FILING THE APPLICATION, THE INCOME FOR SUCH YEAR MAY BE ADJUSTED BY EXCLUDING SALA- RY OR EARNINGS AND PROJECTING HIS RETIREMENT INCOME OVER THE ENTIRE PERIOD OF SUCH YEAR. AS USED IN THIS PARAGRAPH, THE "COST OF LIVING ADJUSTMENT" MEANS THE PERCENTAGE (IF ANY) BY WHICH THE CONSUMER PRICE INDEX FOR THE PRECEDING YEAR EXCEEDS THE CURRENT YEAR. THE "CONSUMER PRICE INDEX" MEANS THE MOST RECENT CONSUMER PRICE INDEX FOR ALL-URBAN
CONSUMERS IN THE NEW YORK STATE, NEW JERSEY AND CONNECTICUT REGION, PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR. ON OR BEFORE AUGUST THIRTY-FIRST OF EACH YEAR, THE STATE DEPARTMENT OF LABOR SHALL NOTIFY EACH MUNICIPALITY TO WHICH THIS PARAGRAPH APPLIES OF THE CONSUMER PRICE INDEX AS REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR. S 2. Paragraph d of subdivision 1 of section 467-c of the real proper- ty tax law is REPEALED and a new paragraph d is added to read as follows: D. "ELIGIBLE HEAD OF THE HOUSEHOLD" MEANS 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-FOUR THOUSAND DOLLARS OR, AFTER CALENDAR YEAR TWO THOUSAND ELEVEN, AN AMOUNT EQUAL TO THE MAXIMUM INCOME FOR THE PREVIOUS YEAR MULTIPLIED BY THE COST OF LIVING ADJUSTMENT FOR SUCH YEAR AS MAY BE PROVIDED BY LOCAL LAW. AS USED IN THIS PARAGRAPH, THE "COST OF LIVING ADJUSTMENT" MEANS THE PERCENTAGE (IF ANY) BY WHICH THE CONSUM- ER PRICE INDEX FOR THE PRECEDING YEAR EXCEEDS THE CURRENT YEAR. THE "CONSUMER PRICE INDEX" MEANS THE MOST RECENT CONSUMER PRICE INDEX FOR ALL-URBAN CONSUMERS IN THE NEW YORK STATE, NEW JERSEY AND CONNECTICUT REGION, PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR. ON OR BEFORE AUGUST THIRTY-FIRST OF EACH YEAR, THE STATE DEPARTMENT OF LABOR SHALL NOTIFY EACH MUNICIPALITY TO WHICH THIS PARAGRAPH APPLIES OF THE CONSUMER PRICE INDEX AS REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR. S 3. This act shall take effect immediately provided that the amend- ments to paragraph a of subdivision 3 of section 467-b of the real prop- erty tax law made by section one of this act shall not affect the expi- ration and reversion of such section and shall expire and revert therewith.

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