- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A07463 Summary:
| BILL NO | A07463A |
| SAME AS | SAME AS S04628-A |
| SPONSOR | Kavanagh (MS) |
| COSPNSR | Cook, Lentol, Dinowitz, DenDekker, Wright, Rozic, Miller MG, Pheffer Amato, Carroll, Cusick, D'Urso, Hyndman, Malliotakis, Barron, Sepulveda, Rosenthal L, Braunstein, Colton, Harris, Weinstein |
| MLTSPNSR | Abbate, Aubry, Cahill, Cymbrowitz, Glick, Gottfried, Mosley, O'Donnell, Ortiz, Perry, Rivera |
| Amd §§467 & 459-c, RPT L | |
| Increases allowable maximum income of persons otherwise eligible for tax abatement in the city of New York. | |
A07463 Actions:
| BILL NO | A07463A | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 04/26/2017 | referred to aging | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 05/10/2017 | amend and recommit to aging | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 05/10/2017 | print number 7463a | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 05/23/2017 | reported referred to ways and means | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/19/2017 | reported referred to rules | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/21/2017 | reported | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/21/2017 | rules report cal.651 | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/21/2017 | substituted by s4628a | ||||||||||||||||||||||||||||||||||||||||||||||||||
| S04628 AMEND=A SAVINO | |||||||||||||||||||||||||||||||||||||||||||||||||||
| 02/23/2017 | REFERRED TO AGING | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 03/07/2017 | 1ST REPORT CAL.379 | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 03/08/2017 | 2ND REPORT CAL. | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 03/13/2017 | ADVANCED TO THIRD READING | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 05/02/2017 | AMENDED ON THIRD READING 4628A | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 05/17/2017 | PASSED SENATE | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 05/17/2017 | DELIVERED TO ASSEMBLY | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 05/17/2017 | referred to aging | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/21/2017 | substituted for a7463a | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/21/2017 | ordered to third reading rules cal.651 | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/21/2017 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 06/21/2017 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 07/19/2017 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 07/25/2017 | SIGNED CHAP.131 | ||||||||||||||||||||||||||||||||||||||||||||||||||
A07463 Committee Votes:
| Lupardo | Aye | Byrne | Aye | ||||||
| Weinstein | Aye | Friend | Aye | ||||||
| Abbate | Aye | Johns | Aye | ||||||
| Magee | Aye | Murray | Aye | ||||||
| Arroyo | Aye | Brabenec | Absent | ||||||
| Rivera | Aye | Errigo | Aye | ||||||
| Ramos | Aye | Norris | Aye | ||||||
| DenDekker | Aye | Walsh | Aye | ||||||
| Braunstein | Aye | ||||||||
| Simanowitz | Aye | ||||||||
| Brindisi | Aye | ||||||||
| Sepulveda | Aye | ||||||||
| McDonald | Aye | ||||||||
| Joyner | Aye | ||||||||
| Barron | Aye | ||||||||
| Harris | Aye | ||||||||
| Hyndman | Aye | ||||||||
| Barnwell | Aye | ||||||||
| Jones | Aye | ||||||||
| Wright | Aye | ||||||||
| Wallace | Aye | ||||||||
| Dickens | Excused | ||||||||
| Farrell | Aye | Oaks | Aye | ||||||
| Lentol | Aye | Crouch | Aye | ||||||
| Schimminger | Aye | Barclay | Aye | ||||||
| Gantt | Aye | Fitzpatrick | Aye | ||||||
| Weinstein | Aye | Hawley | Aye | ||||||
| Glick | Aye | Malliotakis | Aye | ||||||
| Nolan | Aye | Walter | Aye | ||||||
| Pretlow | Aye | Montesano | Aye | ||||||
| Perry | Aye | Curran | Aye | ||||||
| Colton | Aye | Ra | Aye | ||||||
| Cook | Aye | ||||||||
| Cahill | Aye | ||||||||
| Aubry | Aye | ||||||||
| Hooper | Aye | ||||||||
| Thiele | Aye | ||||||||
| Cusick | Aye | ||||||||
| Ortiz | Aye | ||||||||
| Benedetto | Aye | ||||||||
| Moya | Aye | ||||||||
| Weprin | Aye | ||||||||
| Rodriguez | Excused | ||||||||
| Ramos | Aye | ||||||||
| Braunstein | Aye | ||||||||
| McDonald | Aye | ||||||||
| Rozic | Aye | ||||||||
| Heastie | Excused | Kolb | Aye | ||||||
| Gottfried | Aye | Oaks | Aye | ||||||
| Lentol | Aye | Butler | Aye | ||||||
| Farrell | Aye | Crouch | Aye | ||||||
| Gantt | Excused | Finch | Aye | ||||||
| Nolan | Excused | Barclay | Aye | ||||||
| Weinstein | Aye | Raia | Aye | ||||||
| Hooper | Aye | Hawley | Aye | ||||||
| Ortiz | Aye | ||||||||
| Pretlow | Aye | ||||||||
| Cook | Aye | ||||||||
| Glick | Aye | ||||||||
| Morelle | Aye | ||||||||
| Aubry | Aye | ||||||||
| Englebright | Aye | ||||||||
| Dinowitz | Aye | ||||||||
| Colton | Aye | ||||||||
| Magnarelli | Aye | ||||||||
| Perry | Excused | ||||||||
| Galef | Aye | ||||||||
| Paulin | Aye | ||||||||
| Titus | Excused | ||||||||
| Peoples-Stokes | Aye | ||||||||
Go to top
A07463 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topA07463 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the real property tax law, in relation to increasing the allowable maximum income of certain persons otherwise eligible for tax abatement in certain cases PURPOSE: This bill is intended to permit New York City to increase the number of households participating in the Senior Citizen Homeowners' Exemption (SCHE) and the Disabled Homeowners' Exemption (DHE) programs by raising the maximum income levels at which households are eligible to amounts comparable to those that apply to similar programs for renters. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 467 (3)(a) of the real property tax law to permit localities with a population of one million or more to grant partial property-tax exemptions to senior property owners whose income, or the combined income of all owners of the property, does not exceed $58,400. Section 2 of the bill amends section 459-c (5)(a) of the real property tax law to permit localities with a population of one million or more to grant partial property-tax exemptions to disabled property owners whose income, or the combined income of all owners of the property, does not exceed $58,400. Section 3 of the bill sets forth the effective date. AMENDMENTS: Sections 1 and 2 of the bill were amended to limit the ability of local- ities to increase the income eligibility threshold for the SCHE and DHE programs to cities with a population of one million or more. Section 3 of the bill was amended to change the effective date to allow for eligible individuals to apply for SCHE or DHE for their 2017 proper- ty taxes. JUSTIFICATION: The SCHE and DHE programs provide a property tax exemption of up to 50 percent of the assessed property value for senior residents who own one-, two-, or three-family homes, condominiums, or cooperative apart- ments and who will be at least 65 years of age in the year that they apply. The DHE program provides parallel relief where at least one owner has a documented physical or mental disability not due to the use of alcohol or illegal drugs. To qualify, all owners must occupy the proper- ty as their primary residence, with limited statutory exceptions, such as health-related inpatient status. To be eligible for a 50 percent exemption, the combined income of all owners and their spouses cannot exceed $29,000. A "sliding scale" option permits localities to extend smaller assessed value reductions to owners with a combined income above $29,000 but less than $37,400. For exam- ple, an eligible senior or disabled homeowner with a combined income of $36,500 may receive a 5 percent reduction in the assessed value of their home for property tax purposes. For New York City, this legislation raises the maximum combined house- hold income eligibility limit for a 50 percent reduction in property tax assessment from $29,000 to $50,000, effective July 1, 2017. Under the "sliding scale" (tiered relief) option, the City would be able to extend relief to households with a combined income up to $58,400 (rather than the current $37,400). As a result, the limit for receiving the full SCHE and DHE benefit will be aligned with adjustments already enacted by the legislature and the Governor for the SCRIE and DRIE programs. This bill would restore parity among these crucial programs. Increases in the cost of living and the continued stagnation of wages make it difficult for many seniors and persons with disabilities to make ends meet, regardless of whether they rent or own their homes. Both low- and middle-income residents are subject to the burden of escalating costs. Senior citizens and those with disabilities often rely upon a fixed income, and homeowners typically have their primary wealth invested in their property. Moreover, elderly and disabled residents are often responsible for higher-than-average healthcare costs. The cost of living in New York City, which is higher than in many parts of the state, makes it particularly difficult for people with low or moderate incomes to make ends meet. By making more seniors and disabled New Yorkers eligible for property tax exemptions, this bill will help keep many from being forced to give up their homes. FISCAL IMPACT ON THE STATE: None. FISCAL IMPACT ON LOCALITIES: This bill does not mandate any fiscal impact. Any local fiscal impact will be determined by New York City, if it chooses to adopt the new eligibility limits. IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None. IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: None. LEGISLATIVE HISTORY: 2016: A5565B (Kavanagh) Aging 2015: A5565A (Kavanagh) Aging 2014: A2043B (Kavanagh) - Aging Prior versions of this bill (2001-2013) addressed tax exemptions for renters but not homeowners. EFFECTIVE DATE: This act shall take effect immediately and shall apply to applications made for an exemption pursuant to this act for the city fiscal year commencing in 2017 and all city fiscal years thereafter. Applications received for the city fiscal year commencing in 2017 shall be considered timely if they are filed on or before the one hundred twentieth day following the effective date of the local law implementing the provisions of this act.
A07463 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 7463--A 2017-2018 Regular Sessions IN ASSEMBLY April 26, 2017 ___________ Introduced by M. of A. KAVANAGH, COOK, LENTOL, DINOWITZ, DenDEKKER, FARRELL, WRIGHT, ROZIC, M. G. MILLER, PHEFFER AMATO, CARROLL, CUSICK -- Multi-Sponsored by -- M. of A. ABBATE, AUBRY, CAHILL, COLTON, CYMBROWITZ, GLICK, GOTTFRIED, MOSLEY, O'DONNELL, ORTIZ, PERRY, RIVERA -- 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 allowable maximum income of certain persons 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 of the real 2 property tax law, as amended by chapter 259 of the laws of 2009, is 3 amended to read as follows: 4 (a) if the income of the owner or the combined income of the owners of 5 the property for the income tax year immediately preceding the date of 6 making application for exemption exceeds the sum of three thousand 7 dollars, or such other sum not less than three thousand dollars nor more 8 than twenty-six thousand dollars beginning July first, two thousand six, 9 twenty-seven thousand dollars beginning July first, two thousand seven, 10 twenty-eight thousand dollars beginning July first, two thousand eight, 11 [and] twenty-nine thousand dollars beginning July first, two thousand 12 nine, and in a city with a population of one million or more fifty thou- 13 sand dollars beginning July first, two thousand seventeen, as may be 14 provided by the local law, ordinance or resolution adopted pursuant to 15 this section. Income tax year shall mean the twelve month period for 16 which the owner or owners filed a federal personal income tax return, or 17 if no such return is filed, the calendar year. Where title is vested in 18 either the husband or the wife, their combined income may not exceed 19 such sum, except where the husband or wife, or ex-husband or ex-wife is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09852-06-7A. 7463--A 2 1 absent from the property as provided in subparagraph (ii) of paragraph 2 (d) of this subdivision, then only the income of the spouse or ex-spouse 3 residing on the property shall be considered and may not exceed such 4 sum. Such income shall include social security and retirement benefits, 5 interest, dividends, total gain from the sale or exchange of a capital 6 asset which may be offset by a loss from the sale or exchange of a capi- 7 tal asset in the same income tax year, net rental income, salary or 8 earnings, and net income from self-employment, but shall not include a 9 return of capital, gifts, inheritances, payments made to individuals 10 because of their status as victims of Nazi persecution, as defined in 11 P.L. 103-286 or monies earned through employment in the federal foster 12 grandparent program and any such income shall be offset by all medical 13 and prescription drug expenses actually paid which were not reimbursed 14 or paid for by insurance, if the governing board of a municipality, 15 after a public hearing, adopts a local law, ordinance or resolution 16 providing therefor. Furthermore, such income shall not include the 17 proceeds of a reverse mortgage, as authorized by section six-h of the 18 banking law, and sections two hundred eighty and two hundred eighty-a of 19 the real property law; provided, however, that monies used to repay a 20 reverse mortgage may not be deducted from income, and provided addi- 21 tionally that any interest or dividends realized from the investment of 22 reverse mortgage proceeds shall be considered income. The provisions of 23 this paragraph notwithstanding, such income shall not include veterans 24 disability compensation, as defined in Title 38 of the United States 25 Code provided the governing board of such municipality, after public 26 hearing, adopts a local law, ordinance or resolution providing therefor. 27 In computing net rental income and net income from self-employment no 28 depreciation deduction shall be allowed for the exhaustion, wear and 29 tear of real or personal property held for the production of income; 30 § 2. Paragraph (a) of subdivision 5 of section 459-c of the real prop- 31 erty tax law, as separately amended by chapters 187 and 252 of the laws 32 of 2006, is amended to read as follows: 33 (a) if the income of the owner or the combined income of the owners of 34 the property for the income tax year immediately preceding the date of 35 making application for exemption exceeds the sum of three thousand 36 dollars, or such other sum not less than three thousand dollars nor more 37 than twenty-six thousand dollars beginning July first, two thousand six, 38 twenty-seven thousand dollars beginning July first, two thousand seven, 39 twenty-eight thousand dollars beginning July first, two thousand eight, 40 [and] twenty-nine thousand dollars beginning July first, two thousand 41 nine, and in a city with a population of one million or more fifty thou- 42 sand dollars beginning July first, two thousand seventeen, as may be 43 provided by the local law or resolution adopted pursuant to this 44 section. Income tax year shall mean the twelve month period for which 45 the owner or owners filed a federal personal income tax return, or if no 46 such return is filed, the calendar year. Where title is vested in either 47 the husband or the wife, their combined income may not exceed such sum, 48 except where the husband or wife, or ex-husband or ex-wife is absent 49 from the property due to divorce, legal separation or abandonment, then 50 only the income of the spouse or ex-spouse residing on the property 51 shall be considered and may not exceed such sum. Such income shall 52 include social security and retirement benefits, interest, dividends, 53 total gain from the sale or exchange of a capital asset which may be 54 offset by a loss from the sale or exchange of a capital asset in the 55 same income tax year, net rental income, salary or earnings, and net 56 income from self-employment, but shall not include a return of capital,A. 7463--A 3 1 gifts, inheritances or monies earned through employment in the federal 2 foster grandparent program and any such income shall be offset by all 3 medical and prescription drug expenses actually paid which were not 4 reimbursed or paid for by insurance, if the governing board of a munici- 5 pality, after a public hearing, adopts a local law or resolution provid- 6 ing therefor. In computing net rental income and net income from self- 7 employment no depreciation deduction shall be allowed for the 8 exhaustion, wear and tear of real or personal property held for the 9 production of income; 10 § 3. This act shall take effect immediately and shall apply to appli- 11 cations made for an exemption pursuant to this act for the city fiscal 12 year commencing in 2017 and all city fiscal years thereafter. Applica- 13 tions received for the city fiscal year commencing in 2017 shall be 14 considered timely if they are filed on or before the one hundred twenti- 15 eth day following the effective date of the local law implementing the 16 provisions of this act.
A07463 LFIN:
| NO LFIN |