Bill Text: NY S02960 | 2023-2024 | General Assembly | Amended
Bill Title: 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).
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S02960 Detail]
Download: New_York-2023-S02960-Amended.html
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. LBD07217-02-4S. 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 aS. 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 [his4or 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 orS. 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 thisS. 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.
