Bill Text: NY S00710 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to providing a rent increase exemption to persons with disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO AGING [S00710 Detail]
Download: New_York-2023-S00710-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 710 2023-2024 Regular Sessions IN SENATE January 6, 2023 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the real property tax law, in relation to providing a rent increase exemption to persons with disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b of subdivision 3 of section 467-b of the real 2 property tax law, as amended by section 1 of chapter 129 of the laws of 3 2014, is amended to read as follows: 4 b. (1) for a dwelling unit where the head of the household qualifies 5 as a person with a disability pursuant to subdivision five of this 6 section, no tax abatement shall be granted if the combined income for 7 all members of the household for the current income tax year exceeds 8 fifty thousand dollars beginning July first, two thousand fourteen, as 9 may be provided by the local law, ordinance or resolution adopted pursu- 10 ant to this section[.]; or 11 (2) (i) for a dwelling unit where the head of household qualifies as a 12 person with a disability due to receipt of cash supplemental security 13 income pursuant to subdivision five of this section, no tax abatement 14 shall be granted if the combined income for all members of the household 15 for the current income tax year exceeds the maximum income above which 16 such head of household would not be eligible to receive cash supple- 17 mental security income benefits under federal law during such tax year; 18 (ii) for a dwelling unit where the head of household qualifies as a 19 person with a disability due to receipt of social security disability 20 insurance (SSDI) or medical assistance benefits based on a determination 21 of disability as provided in section three hundred sixty-six of the 22 social services law pursuant to subdivision five of this section, no tax 23 abatement shall be granted if the combined income for all members of the 24 household for the current income tax year exceeds twenty-nine thousand 25 dollars; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02727-01-3S. 710 2 1 (iii) for a dwelling unit where the head of the household qualifies as 2 a person with a disability due to receipt of disability pension or disa- 3 bility compensation benefits provided by the United States department of 4 veterans affairs pursuant to subdivision five of this section, no tax 5 abatement shall be granted if the combined income for all members of the 6 household for the current income tax year exceeds the maximum income 7 above which such head of the household would not be eligible to receive 8 such cash disability pension or disability compensation benefits under 9 federal law during such tax year; and 10 (iv) when the head of the household retires before the commencement of 11 such income tax year and the date of filing the application, the income 12 for such year may be adjusted by excluding salary or earnings and 13 projecting his or her retirement income over the entire period of such 14 year. 15 Provided that a municipality shall not be required to enact a new 16 local law, ordinance, or resolution after public hearing pursuant to 17 subdivision two of this section if such municipality has already enacted 18 a local law, ordinance, or resolution pursuant to subdivision two of 19 this section adopting the provisions of subparagraph one of this para- 20 graph and the municipality chooses to continue utilizing subparagraph 21 one of this paragraph. 22 § 2. Paragraph b of subdivision 3 of section 467-b of the real proper- 23 ty tax law, as amended by section 2 of chapter 129 of the laws of 2014, 24 is amended to read as follows: 25 b. (1) for a dwelling unit where the head of the household qualifies 26 as a person with a disability pursuant to subdivision five of this 27 section, no tax abatement shall be granted if the combined income for 28 all members of the household for the current income tax year exceeds 29 fifty thousand dollars beginning July first, two thousand fourteen, as 30 may be provided by the local law, ordinance or resolution adopted pursu- 31 ant to this section[.]; or 32 (2) (i) for a dwelling unit where the head of household qualifies as a 33 person with a disability due to receipt of cash supplemental security 34 income pursuant to subdivision five of this section, no tax abatement 35 shall be granted if the combined income for all members of the household 36 for the current income tax year exceeds the maximum income above which 37 such head of household would not be eligible to receive cash supple- 38 mental security income benefits under federal law during such tax year; 39 (ii) for a dwelling unit where the head of household qualifies as a 40 person with a disability due to receipt of social security disability 41 insurance (SSDI) or medical assistance benefits based on a determination 42 of disability as provided in section three hundred sixty-six of the 43 social services law pursuant to subdivision five of this section, no tax 44 abatement shall be granted if the combined income for all members of the 45 household for the current income tax year exceeds twenty-nine thousand 46 dollars; 47 (iii) for a dwelling unit where the head of the household qualifies as 48 a person with a disability due to receipt of disability pension or disa- 49 bility compensation benefits provided by the United States department of 50 veterans affairs pursuant to subdivision five of this section, no tax 51 abatement shall be granted if the combined income for all members of the 52 household for the current income tax year exceeds the maximum income 53 above which such head of the household would not be eligible to receive 54 such cash disability pension or disability compensation benefits under 55 federal law during such tax year; andS. 710 3 1 (iv) when the head of the household retires before the commencement of 2 such income tax year and the date of filing the application, the income 3 for such year may be adjusted by excluding salary or earnings and 4 projecting his or her retirement income over the entire period of such 5 year. 6 Provided that a municipality shall not be required to enact a new 7 local law, ordinance, or resolution after public hearing pursuant to 8 subdivision two of this section if such municipality has already enacted 9 a local law, ordinance, or resolution pursuant to subdivision two of 10 this section adopting the provisions of subparagraph one of this para- 11 graph and the municipality chooses to continue utilizing subparagraph 12 one of this paragraph. 13 § 3. Paragraph m of subdivision 1 of section 467-c of the real proper- 14 ty tax law, as amended by chapter 129 of the laws of 2014, is amended to 15 read as follows: 16 m. (1) "Person with a disability" means (i) an individual who is 17 currently receiving social security disability insurance (SSDI) or 18 supplemental security income (SSI) benefits under the federal social 19 security act or disability pension or disability compensation benefits 20 provided by the United States department of veterans affairs or those 21 previously eligible by virtue of receiving disability benefits under the 22 supplemental security income program or the social security disability 23 program and currently receiving medical assistance benefits based on 24 determination of disability as provided in section three hundred sixty- 25 six of the social services law; and 26 (ii) whose income for the current income tax year, together with the 27 income of all members of such individual's household, does not exceed 28 fifty thousand dollars beginning July first, two thousand fourteen, as 29 may be provided by local law. 30 (2) If the governing board of a municipality further adopts, after 31 public hearing, a local law, ordinance, or resolution: 32 (i) the income for the current tax year, together with the income of 33 all members of such individual's household, for an individual currently 34 receiving social security disability insurance (SSDI) or medical assist- 35 ance benefits based on a determination of disability as provided in 36 section three hundred sixty-six of the social services law, may exceed 37 the maximum income at which such individual would be eligible to receive 38 cash supplemental security income benefits under federal law during such 39 tax year, but may not exceed twenty-nine thousand dollars; 40 (ii) the income for the current income tax year, together with the 41 income of all members of such individual's household, for an individual 42 who is currently receiving disability pension or disability compensation 43 benefits provided by the United States department of veterans affairs, 44 may exceed the maximum income at which such individual would be eligible 45 to receive cash supplemental security income benefits under federal law 46 during such tax year, but may not exceed the maximum income at which 47 such individual would be eligible to receive cash disability pension or 48 disability compensation benefits under federal law during such tax year. 49 § 4. Paragraph m of subdivision 1 of section 467-c of the real proper- 50 ty tax law, as added by chapter 188 of the laws of 2005, is amended to 51 read as follows: 52 m. (1) "Person with a disability" means (i) an individual who is 53 currently receiving social security disability insurance (SSDI) or 54 supplemental security income (SSI) benefits under the federal social 55 security act or disability pension or disability compensation benefits 56 provided by the United States department of veterans affairs or thoseS. 710 4 1 previously eligible by virtue of receiving disability benefits under the 2 supplemental security income program or the social security disability 3 program and currently receiving medical assistance benefits based on 4 determination of disability as provided in section three hundred sixty- 5 six of the social services law; and 6 (ii) whose income for the current income tax year, together with the 7 income of all members of such individual's household, does not exceed 8 the maximum income at which such individual would be eligible to receive 9 cash supplemental security income benefits under federal law during such 10 tax year. 11 (2) If the governing board of a municipality further adopts, after 12 public hearing, a local law, ordinance, or resolution: 13 (i) the income for the current tax year, together with the income of 14 all members of such individual's household, for an individual currently 15 receiving social security disability insurance (SSDI) or medical assist- 16 ance benefits based on a determination of disability as provided in 17 section three hundred sixty-six of the social services law, may exceed 18 the maximum income at which such individual would be eligible to receive 19 cash supplemental security income benefits under federal law during such 20 tax year, but may not exceed twenty-nine thousand dollars; 21 (ii) the income for the current income tax year, together with the 22 income of all members of such individual's household, for an individual 23 who is currently receiving disability pension or disability compensation 24 benefits provided by the United States department of veterans affairs, 25 may exceed the maximum income at which such individual would be eligible 26 to receive cash supplemental security income benefits under federal law 27 during such tax year, but may not exceed the maximum income at which 28 such individual would be eligible to receive cash disability pension or 29 disability compensation benefits under federal law during such tax year. 30 § 5. This act shall take effect on the one hundred twentieth day after 31 it shall have become a law provided, however, that: 32 (a) the amendments to paragraph b of subdivision 3 of section 467-b of 33 the real property tax law made by section one of this act shall be 34 subject to the expiration and reversion of such paragraph pursuant to 35 section 4 of chapter 129 of the laws of 2014, as amended, when upon such 36 date the provisions of section two of this act shall take effect; and 37 (b) the amendments to paragraph m of subdivision 1 of section 467-c of 38 the real property tax law made by section three of this act shall be 39 subject to the expiration and reversion of such paragraph pursuant to 40 section 4 of chapter 129 of the laws of 2014, as amended, when upon such 41 date the provisions of section four of this act shall take effect.
