NY State Senate Bill 2015-S3369A

Senate Bill S3369A

2015-2016 Legislative Session

Allows for increases in the amount of income certain property owners may earn for purposes of qualification for certain tax exemptions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 3369a
Jan 15, 2016	amend and recommit to local government
Jan 06, 2016	referred to local government
Feb 05, 2015	referred to local government

Bill Amendments

Original

A (Active)

2015-S3369 - Details

See Assembly Version of this Bill:: A9798
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §459-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S571, A2735
2019-2020: S1489

2015-S3369 - Summary

Allows for increases in the amount of income certain property owners may earn for purposes of qualification for certain tax exemptions.

2015-S3369 - Sponsor Memo

                                BILL NUMBER:S3369

TITLE OF BILL:  An act to amend the real property tax law, in relation
to allowable increases in property income for persons with
disabilities and limited incomes for purposes of qualification for
certain tax exemptions

PURPOSE OR GENERAL IDEA OF BILL:

The bill increases the maximum income eligibility limit for the
Disabled Homeowners' Exemption (DHE) Program from $29,000 to $50,000
starting July 1, 2015. Future increases to the income eligibility
limit will automatically take effect every two years starting July 1,
2017, by the average annual percentage change in the U.S. Department
of Labor's Consumer Price Index for all urban consumers (CPI-U).

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph a of subdivision 5 of section 459-c of the
real property tax law to increase the maximum income eligibility limit
for the Disabled Homeowners' Exemption and establish automatic
biennial increases to the maximum income eligibility limit.

Section 2 states that the bill will take effect immediately.

JUSTIFICATION:

Section 459-c of the Real Property Tax Law authorizes local
governments to provide a partial property tax exemption to disabled
homeowners. The exemptions are based on income, and provided on a
sliding scale from 5%-50% exemption. The current maximum income for
the 50% exemption is $29,000, and was last increased in 2009.

According to the U.S. Department of Labor, $29,000 in 2009 dollars
equals $31,600 in 2014 dollars, due to inflation. Many disabled
homeowners who previously qualified for the DHE exemption may no
longer qualify due to cost-of-living adjustments to their fixed
sources of income. This bill would raise the maximum income to $50,000
starting on July 1, 2015, and tie future increases of the eligibility
limit to the Consumer Price Index. Doing so will ensure that disabled
homeowners aren't "priced out" of the exemption due to nominal
increases in their fixed incomes, and remove the need for the state
legislature to revisit the income eligibility every few years.

A similar increase in income eligibility was made to the Disability
Rent Increase Exemption in the enacted 2014-2015 budget.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:


This act shall take effect immediately.

2015-S3369 - Bill Text download pdf

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

                                  3369

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax  law,  in  relation  to  allowable
  increases in property income for persons with disabilities and limited
  incomes for purposes of qualification for certain tax exemptions

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

  Section 1. Paragraph (a) of subdivision 5 of section 459-c of the real
property tax law, as separately amended by chapters 187 and 252  of  the
laws of 2006, 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, and twenty-nine],FIFTY thousand dollars beginning July first, two
thousand [nine] FIFTEEN, as may be provided by the local law  or  resol-
ution  adopted  pursuant  to  this section; PROVIDED, HOWEVER, BEGINNING
JULY FIRST, TWO THOUSAND SEVENTEEN AND EVERY TWO YEARS  THEREAFTER,  THE
MAXIMUM  ALLOWABLE  INCOME  SHALL INCREASE BY THE PRODUCT OF THE AVERAGE
ANNUAL PERCENTAGE CHANGES IN THE CONSUMER  PRICE  INDEX  FOR  ALL  URBAN
CONSUMERS  (CPI-U) AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS FOR THE TWO YEAR PERIOD ROUNDED TO THE  NEAR-
EST  ONE  THOUSAND DOLLARS.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08818-01-5

S. 3369                             2

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  expenses  actually paid which were not
reimbursed or paid for by insurance, if the governing board of a munici-
pality, after a public hearing, adopts a local law or resolution provid-
ing 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;
  S 2. This act shall take effect immediately.

2015-S3369A (ACTIVE) - Details

See Assembly Version of this Bill:: A9798
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §459-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S571, A2735
2019-2020: S1489

2015-S3369A (ACTIVE) - Summary

Allows for increases in the amount of income certain property owners may earn for purposes of qualification for certain tax exemptions.

2015-S3369A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3369A

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to allowable increases in property income for persons with
disabilities and limited incomes for purposes of qualification for
certain tax exemptions

 PURPOSE OR GENERAL IDEA OF BILL :

The bill increases the maximum income eligibility limit for the
Disabled Homeowners' Exemption (DHE) Program from $29,000 to $50,000
starting July 1, 2016. Future increases to the income eligibility
limit will automatically take effect every two years starting July 1,
2018, by the average annual percentage change in the U.S. Department
of Labor's Consumer Price Index for all urban consumers (CPI-U).

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends paragraph a of subdivision 5 of section 459-c of the
real property tax law to increase the maximum income eligibility limit
for the Disabled Homeowners' Exemption and establish automatic
biennial increases to the maximum income eligibility limit.

Section 2 states that the bill will take effect immediately.

 JUSTIFICATION :

Section 459-c of the Real Property Tax Law authorizes local
governments to provide a partial property tax exemption to disabled
homeowners. The exemptions are based on income, and provided on a
sliding scale from 5%-50% exemption. The current maximum income for
the 50% exemption is $29,000, and was last increased in 2009.

According to the U.S. Department of Labor, $29,000 in 2009 dollars
equals $31,600 in 2014 dollars, due to inflation. Many disabled
homeowners who previously qualified for the DHE exemption may no
longer qualify due to cost-of-living adjustments to their fixed
sources of income. This bill would raise the maximum income to $50,000
starting on July 1, 2016, and tie future increases of the eligibility
limit to the Consumer Price Index. Doing so will ensure that disabled
homeowners aren't "priced out" of the exemption due to nominal
increases in their fixed incomes, and remove the need for the state
legislature to revisit the income eligibility every few years.

A similar increase in income eligibility was made to the Disability
Rent Increase Exemption in the enacted 2014-2015 budget.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S3369A (ACTIVE) - Bill Text download pdf

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

                                 3369--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  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  allowable
  increases in property income for persons with disabilities and limited
  incomes for purposes of qualification for certain tax exemptions

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

  Section 1. Paragraph (a) of subdivision 5 of section 459-c of the real
property tax law, as separately amended by chapters 187 and 252  of  the
laws of 2006, 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, and twenty-nine], FIFTY thousand dollars  beginning  July  first,
two  thousand  [nine]  SIXTEEN,  as  may be provided by the local law or
resolution adopted pursuant to this section; PROVIDED,  HOWEVER,  BEGIN-
NING  JULY  FIRST, TWO THOUSAND EIGHTEEN AND EVERY TWO YEARS THEREAFTER,
THE MAXIMUM ALLOWABLE INCOME SHALL INCREASE BY THE PRODUCT OF THE  AVER-
AGE  ANNUAL PERCENTAGE CHANGES IN THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS (CPI-U) AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF  LABOR
BUREAU  OF LABOR STATISTICS FOR THE TWO YEAR PERIOD ROUNDED TO THE NEAR-
EST ONE THOUSAND DOLLARS.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08818-02-6

S. 3369--A                          2

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  expenses  actually paid which were not
reimbursed or paid for by insurance, if the governing board of a munici-
pality, after a public hearing, adopts a local law or resolution provid-
ing 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;
  S 2. This act shall take effect immediately.

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