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A03379 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3379
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, ENGLEBRIGHT, ZEBROWSKI, RIVERA, JAFFEE
          -- Multi-Sponsored by -- M. of A. COLTON, GOTTFRIED -- read  once  and
          referred to the Committee on Aging
 
        AN  ACT  to  amend  the  real property tax law, in relation to excluding
          certain expenditures for medical care from the definition of  "income"
          for  the purpose of a tax abatement for rent-controlled and rent regu-
          lated property occupied by senior citizens
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph c of subdivision 1 of section 467-b of the real
     2  property tax law, as amended by chapter 500 of  the  laws  of  2001,  is
     3  amended to read as follows:
     4    c.  "Income"  means  income  from  all  sources after deduction of all
     5  income and social  security  taxes  and  includes  social  security  and
     6  retirement  benefits,  supplemental security income and additional state
     7  payments, public assistance benefits, interest,  dividends,  net  rental
     8  income,  salary  or  earnings,  and net income from self-employment, but
     9  shall not include gifts or inheritances, payments  made  to  individuals
    10  because  of  their  status as victims of Nazi persecution, as defined in
    11  P.L. 103-286, or increases in benefits accorded pursuant to  the  social
    12  security  act  or  a public or private pension paid to any member of the
    13  household which increase, in any given year, does not exceed the consum-
    14  er price index (all items United States  city  average)  for  such  year
    15  which take effect after the date of eligibility of head of the household
    16  receiving  benefits hereunder whether received by the head of the house-
    17  hold or any other member of the household  and any such income shall  be
    18  offset by all medical and prescription drug expenses actually paid which
    19  were  not reimbursed or paid for by insurance, if the governing board of
    20  a municipality, after a public hearing, adopts a local law, ordinance or
    21  resolution providing therefor;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00715-01-9

        A. 3379                             2
 
     1    § 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
     2  ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
     3  read as follows:
     4    f.  "Income"  means income received by the eligible head of the house-
     5  hold combined with the income of all other members of the household from
     6  all sources after deduction of all income and social security taxes  and
     7  includes  without  limitation,  social security and retirement benefits,
     8  supplemental security  income  and  additional  state  payments,  public
     9  assistance  benefits, interest, dividends, net rental income, salary and
    10  earnings, and net income from self employment,  but  shall  not  include
    11  gifts  or  inheritances,  payments  made to individuals because of their
    12  status as victims of Nazi persecution as defined in  P.L.  103-286,  nor
    13  increases  in benefits accorded pursuant to the social security act or a
    14  public or private pension paid to any  member  of  the  household  which
    15  increase,  in  any  given year, does not exceed the consumer price index
    16  (all items United States city average) for such year which  take  effect
    17  after  the eligibility date of an eligible head of the household receiv-
    18  ing benefits hereunder whether received by  the  eligible  head  of  the
    19  household  or  any  other  member  of the household  and any such income
    20  shall be offset by all medical and prescription drug  expenses  actually
    21  paid  which were not reimbursed or paid for by insurance, if the govern-
    22  ing board of a municipality, after a public hearing, adopts a local law,
    23  ordinance or resolution providing therefor.  When the eligible  head  of
    24  the  household  has  retired on or after the commencement of the taxable
    25  period and prior to the  date  of  making  an  application  for  a  rent
    26  increase  exemption  order/tax  abatement  certificate  pursuant to this
    27  section, such person's income shall be adjusted by excluding  salary  or
    28  earnings  and projecting such person's retirement income over the entire
    29  taxable period.
    30    § 3. This act shall take effect immediately, provided that the  amend-
    31  ment  to paragraph c of subdivision 1 of section 467-b of the real prop-
    32  erty tax law, made by section one of this  act,  shall  not  affect  the
    33  expiration of such section and shall be deemed to expire therewith.
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