S02960 Summary:

BILL NOS02960A
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSRADDABBO, HOYLMAN-SIGAL, JACKSON, KRUEGER, ROLISON, SERRANO
 
MLTSPNSR
 
Amd §§467-b, 467-c, 467 & 459-c, RPT L
 
Provides for adjustment of the maximum income threshold for eligibility for the senior citizen rent increase exemption (SCRIE), disability rent increase exemption (DRIE), senior citizen homeowners' exemption (SCHE), and disabled homeowners' exemption (DHE) by any increase in the consumer price index (CPI).
Go to top    

S02960 Actions:

BILL NOS02960A
 
01/26/2023REFERRED TO AGING
01/03/2024REFERRED TO AGING
03/12/2024REPORTED AND COMMITTED TO FINANCE
05/14/20241ST REPORT CAL.1105
05/15/20242ND REPORT CAL.
05/16/2024ADVANCED TO THIRD READING
05/23/2024AMENDED ON THIRD READING 2960A
Go to top

S02960 Committee Votes:

Go to top

S02960 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S02960 Memo:

Memo not available
Go to top

S02960 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2960--A
            Cal. No. 1105
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2023
                                       ___________
 
        Introduced  by Sens. KAVANAGH, ADDABBO, HOYLMAN-SIGAL, JACKSON, KRUEGER,
          ROLISON, SERRANO -- 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  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- reported favorably from said committee, ordered to first
          and second report, ordered to a third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the real property tax law, in relation to increasing the
          combined  household  income limit for eligibility for a senior citizen
          rent increase exemption (SCRIE), disability  rent  increase  exemption
          (DRIE),  senior  citizen  homeowners'  exemption  (SCHE), and disabled
          homeowners' exemption (DHE) on the basis of the consumer price index
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs a and b of subdivision 3 of section 467-b of the
     2  real  property tax law, paragraph a as amended by section 1 of part U of
     3  chapter 55 of the laws of 2014 and paragraph b as amended by chapter 129
     4  of the laws of 2014, are amended to read as follows:
     5    a. for a dwelling unit where the head of the  household  is  a  person
     6  sixty-two  years  of  age or older, no tax abatement shall be granted if
     7  the combined income of all members of the household for the  income  tax
     8  year  immediately  preceding the date of making application exceeds four
     9  thousand dollars, or such other sum not more than  twenty-five  thousand
    10  dollars  beginning  July  first,  two thousand five, twenty-six thousand
    11  dollars beginning July first, two thousand  six,  twenty-seven  thousand
    12  dollars  beginning July first, two thousand seven, twenty-eight thousand
    13  dollars beginning July first, two thousand eight,  twenty-nine  thousand
    14  dollars  beginning  July  first, two thousand nine, [and] fifty thousand
    15  dollars beginning July first, two thousand fourteen, and sixty-one thou-
    16  sand dollars beginning July first, two thousand twenty-four, as  may  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07217-02-4

        S. 2960--A                          2
 
     1  provided  by  the local law, ordinance or resolution adopted pursuant to
     2  this section, provided that when  the  head  of  the  household  retires
     3  before  the  commencement of such income tax year and the date of filing
     4  the  application,  the income for such year may be adjusted by excluding
     5  salary or earnings and projecting [his or her] such head of  household's
     6  retirement  income  over  the  entire period of such year.   The maximum
     7  income threshold provided for herein shall be increased by order of  the
     8  commissioner  of  the state division of housing and community renewal to
     9  reflect any increase in the consumer price index for all urban consumers
    10  for all items as published by the United States bureau of labor  statis-
    11  tics  for  the  region in which the housing accommodation is located, as
    12  established for the most recent preceding  calendar  year  as  shall  be
    13  published by the division of housing and community renewal no later than
    14  the first of July in any given year, provided that for New York city and
    15  any  municipality  that  adopts  a  local  law,  ordinance or resolution
    16  providing for the abatement of taxes pursuant to  this  section  in  the
    17  counties  of  Dutchess,  Nassau,  Orange, Putnam, Rockland, Suffolk, and
    18  Westchester, such consumer price index shall be the New York-Newark-Jer-
    19  sey City, NY-NJ-PA consumer price index (CPI-U),  and  provided  further
    20  that  for  any  other municipality that adopts a local law, ordinance or
    21  resolution providing  for  the  abatement  of  taxes  pursuant  to  this
    22  section, such consumer price index shall be the Northeast Region consum-
    23  er price index.
    24    b.  for a dwelling unit where the head of the household qualifies as a
    25  person with a disability pursuant to subdivision five of  this  section,
    26  no tax abatement shall be granted if the combined income for all members
    27  of  the household for the current income tax year exceeds [fifty] sixty-
    28  one thousand dollars beginning July first, two thousand [fourteen] twen-
    29  ty-four, as may be provided by the local law,  ordinance  or  resolution
    30  adopted pursuant to this section.  The maximum income threshold provided
    31  for  herein shall be increased by order of the commissioner of the state
    32  division of housing and community renewal to reflect any increase in the
    33  consumer price index for all urban consumers for all items as  published
    34  by  the United States bureau of labor statistics for the region in which
    35  the housing accommodation is located, as established for the most recent
    36  preceding calendar year as shall be published by the division of housing
    37  and community renewal no later than the first of July in any given year,
    38  provided that for New York city and any municipality that adopts a local
    39  law, ordinance or resolution providing for the abatement of taxes pursu-
    40  ant to this section in the counties of Dutchess, Nassau, Orange, Putnam,
    41  Rockland, Suffolk, and Westchester, such consumer price index  shall  be
    42  the  New York-Newark-Jersey City, NY-NJ-PA consumer price index (CPI-U),
    43  and provided further that for any other municipality that adopts a local
    44  law, ordinance or resolution providing for the abatement of taxes pursu-
    45  ant to this section, such consumer price index shall  be  the  Northeast
    46  Region consumer price index.
    47    §  2. Paragraphs d and m of subdivision 1 of section 467-c of the real
    48  property tax law, paragraph d as separately amended by chapters 188  and
    49  205  of  the  laws  of 2005, subparagraph 1 of paragraph d as amended by
    50  section 2 of part U of chapter 55 of the laws of 2014 and paragraph m as
    51  amended by chapter 129 of the laws of  2014,  are  amended  to  read  as
    52  follows:
    53    d. "Eligible head of the household" means (1) a person or [his or her]
    54  such person's spouse who is sixty-two years of age or older and is enti-
    55  tled  to  the possession or to the use and occupancy of a dwelling unit,
    56  provided, however, with respect to a dwelling which  was  subject  to  a

        S. 2960--A                          3
 
     1  mortgage insured or initially insured by the federal government pursuant
     2  to  section two hundred thirteen of the National Housing Act, as amended
     3  "eligible head of the household" shall be limited to that person or [his
     4  or  her]  such person's spouse who was entitled to possession or the use
     5  and occupancy of such dwelling unit at the time of termination  of  such
     6  mortgage,  and  whose  income when combined with the income of all other
     7  members of the household, does not  exceed  six  thousand  five  hundred
     8  dollars  for  the taxable period, or such other sum not less than sixty-
     9  five hundred dollars nor more than twenty-five thousand  dollars  begin-
    10  ning  July  first, two thousand five, twenty-six thousand dollars begin-
    11  ning  July  first,  two  thousand  six,  twenty-seven  thousand  dollars
    12  beginning  July first, two thousand seven, twenty-eight thousand dollars
    13  beginning July first, two thousand eight, twenty-nine  thousand  dollars
    14  beginning  July  first,  two thousand nine, [and] fifty thousand dollars
    15  beginning July first, two  thousand  fourteen,  and  sixty-one  thousand
    16  dollars  beginning  July  first,  two  thousand  twenty-four,  as may be
    17  provided by local law; or (2) a person with a disability as  defined  in
    18  this  subdivision.    The  maximum  income threshold provided for herein
    19  shall be increased by order of the commissioner of the state division of
    20  housing and community renewal to reflect any increase  in  the  consumer
    21  price  index  for  all urban consumers for all items as published by the
    22  United States bureau of labor statistics for the  region  in  which  the
    23  housing  accommodation  is  located,  as established for the most recent
    24  preceding calendar year as shall be published by the division of housing
    25  and community renewal no later than the first of July in any given year,
    26  provided that for New York city and any municipality that adopts a local
    27  law, ordinance or resolution providing for the abatement of taxes pursu-
    28  ant to this section in the counties of Dutchess, Nassau, Orange, Putnam,
    29  Rockland, Suffolk, and Westchester, such consumer price index  shall  be
    30  the  New York-Newark-Jersey City, NY-NJ-PA consumer price index (CPI-U),
    31  and provided further that for any other municipality that adopts a local
    32  law, ordinance or resolution providing for the abatement of taxes pursu-
    33  ant to this section, such consumer price index shall  be  the  Northeast
    34  Region consumer price index.
    35    m.  "Person  with  a  disability" means an individual who is currently
    36  receiving social security disability insurance  (SSDI)  or  supplemental
    37  security  income (SSI) benefits under the federal social security act or
    38  disability pension or disability compensation benefits provided  by  the
    39  United  States department of veterans affairs or those previously eligi-
    40  ble by virtue of receiving disability benefits  under  the  supplemental
    41  security  income  program  or the social security disability program and
    42  currently receiving medical assistance benefits based  on  determination
    43  of  disability  as  provided  in  section three hundred sixty-six of the
    44  social services law and whose income for the current  income  tax  year,
    45  together  with the income of all members of such individual's household,
    46  does not exceed [fifty] sixty-one thousand dollars beginning July first,
    47  two thousand [fourteen] twenty-four, as may be provided  by  local  law.
    48  The  maximum  income threshold provided for herein shall be increased by
    49  order of the commissioner of the state division of housing and community
    50  renewal to reflect any increase in the  consumer  price  index  for  all
    51  urban  consumers  for all items as published by the United States bureau
    52  of labor statistics for the region in which the housing accommodation is
    53  located, as established for the most recent preceding calendar  year  as
    54  shall  be  published by the division of housing and community renewal no
    55  later than the first of July in any given year, provided  that  for  New
    56  York  city  and  any  municipality that adopts a local law, ordinance or

        S. 2960--A                          4
 
     1  resolution providing for the abatement of taxes pursuant to this section
     2  in the counties of Dutchess, Nassau, Orange, Putnam, Rockland,  Suffolk,
     3  and  Westchester,  such  consumer  price index shall be the New York-Ne-
     4  wark-Jersey  City,  NY-NJ-PA  consumer price index (CPI-U), and provided
     5  further that for any other municipality that adopts a local  law,  ordi-
     6  nance  or  resolution  providing  for the abatement of taxes pursuant to
     7  this section, such consumer price index shall be  the  Northeast  Region
     8  consumer price index.
     9    § 3. Subparagraph (i) of paragraph (a) of subdivision 3 of section 467
    10  of the real property tax law, as amended by section 2 of part K of chap-
    11  ter 59 of the laws of 2023, is amended to read as follows:
    12    (i) if the income of the owner or the combined income of the owners of
    13  the property for the applicable income tax year exceeds the sum of three
    14  thousand dollars, or such other sum not less than three thousand dollars
    15  nor  more  than [fifty] sixty-one thousand dollars beginning July first,
    16  two thousand twenty-four, as may be provided by the local law, ordinance
    17  or resolution adopted pursuant to this  section.    The  maximum  income
    18  threshold provided for herein shall be increased by order of the commis-
    19  sioner to reflect any increase in the consumer price index for all urban
    20  consumers  for  all  items  as  published by the United States bureau of
    21  labor statistics for the region in which the  housing  accommodation  is
    22  located,  as  established for the most recent preceding calendar year as
    23  shall be published by the division of housing and community  renewal  no
    24  later  than  the  first of July in any given year, provided that for New
    25  York city and any municipality that adopts a  local  law,  ordinance  or
    26  resolution providing for the abatement of taxes pursuant to this section
    27  in  the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk,
    28  and Westchester, such consumer price index shall  be  the  New  York-Ne-
    29  wark-Jersey  City,  NY-NJ-PA  consumer price index (CPI-U), and provided
    30  further that for any other municipality that adopts a local  law,  ordi-
    31  nance  or  resolution  providing  for the abatement of taxes pursuant to
    32  this section, such consumer price index shall be  the  Northeast  Region
    33  consumer price index.
    34    §  4.  Subparagraph  (i)  of paragraph (a) of subdivision 5 of section
    35  459-c of the real property tax law, as amended by section 8 of part K of
    36  chapter 59 of the laws of 2023, is amended to read as follows:
    37    (i) if the income of the owner or the combined income of the owners of
    38  the property for the applicable income tax year exceeds the sum of three
    39  thousand dollars, or such other sum not less than three thousand dollars
    40  nor more than [fifty] sixty-one thousand dollars beginning  July  first,
    41  two  thousand twenty-four, as may be provided by the local law or resol-
    42  ution adopted pursuant to this section.   The maximum  income  threshold
    43  provided  for  herein shall be increased by order of the commissioner to
    44  reflect any increase in the consumer price index for all urban consumers
    45  for all items as published by the United States bureau of labor  statis-
    46  tics  for  the  region in which the housing accommodation is located, as
    47  established for the most recent preceding  calendar  year  as  shall  be
    48  published by the division of housing and community renewal no later than
    49  the first of July in any given year, provided that for New York city and
    50  any  municipality  that  adopts  a  local  law,  ordinance or resolution
    51  providing for the abatement of taxes pursuant to  this  section  in  the
    52  counties  of  Dutchess,  Nassau,  Orange, Putnam, Rockland, Suffolk, and
    53  Westchester, such consumer price index shall be the New York-Newark-Jer-
    54  sey City, NY-NJ-PA consumer price index (CPI-U),  and  provided  further
    55  that  for  any  other municipality that adopts a local law, ordinance or
    56  resolution providing  for  the  abatement  of  taxes  pursuant  to  this

        S. 2960--A                          5
 
     1  section, such consumer price index shall be the Northeast Region consum-
     2  er price index.
     3    § 5. This act shall take effect immediately; provided that:
     4    (a) the amendments to paragraph a of subdivision 3 of section 467-b of
     5  the  real  property  tax  law  made by section one of this act shall not
     6  affect the expiration of such paragraph pursuant to section 4 of part  U
     7  of  chapter  55  of the laws of 2014, as amended, and shall be deemed to
     8  expire therewith;
     9    (b) the amendments to paragraph b of subdivision 3 of section 467-b of
    10  the real property tax law made by section one  of  this  act  shall  not
    11  affect the expiration of such paragraph pursuant to section 4 of chapter
    12  129 of the laws of 2014, as amended, and shall be deemed to expire ther-
    13  ewith;
    14    (c)  the  amendments to subparagraph 1 of paragraph d of subdivision 1
    15  of section 467-c of the real property tax law, made by  section  two  of
    16  this  act  shall not affect the expiration of such subparagraph pursuant
    17  to section 4 of part U of chapter 55 of the laws of  2014,  as  amended,
    18  and shall be deemed expired therewith; and
    19    (d) the amendments to paragraph m of subdivision 1 of section 467-c of
    20  the  real  property  tax  law, made by section two of this act shall not
    21  affect the expiration of such paragraph pursuant to section 4 of chapter
    22  129 of the laws of 2014, as amended, and shall be deemed expired  there-
    23  with.
Go to top

S02960 LFIN:

 NO LFIN
Go to top

S02960 Chamber Video/Transcript:

Go to top