New York 2025-2026 Regular Session

New York Assembly Bill A05344 Latest Draft

Bill / Introduced Version Filed 02/13/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 5344 2025-2026 Regular Sessions  IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. GLICK -- read once and referred to the Committee on Aging 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; to amend part U of chapter 55 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens, in relation to the effectiveness thereof; and to amend chapter 129 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled proper- ty occupied by persons with disabilities, in relation to the effec- tiveness thereof 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04145-07-5 

 A. 5344 2 1 dollars beginning July first, two thousand fourteen, and sixty-seven 2 thousand dollars beginning July first, two thousand twenty-five, as may 3 be provided by the local law, ordinance or resolution adopted pursuant 4 to this section, provided that when the head of the household retires 5 before the commencement of such income tax year and the date of filing 6 the application, the income for such year may be adjusted by excluding 7 salary or earnings and projecting [his or her] such head of household's 8 retirement income over the entire period of such year. The maximum 9 income threshold provided for herein shall be increased by order of the 10 commissioner of the state division of housing and community renewal to 11 reflect any increase in the consumer price index for all urban consumers 12 for all items as published by the United States bureau of labor statis- 13 tics for the region in which the housing accommodation is located, as 14 established for the most recent preceding calendar year as shall be 15 published by the division of housing and community renewal no later than 16 the first of July in any given year, provided that for New York city and 17 any municipality that adopts a local law, ordinance or resolution 18 providing for the abatement of taxes pursuant to this section in the 19 counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and 20 Westchester, such consumer price index shall be the New York-Newark-Jer- 21 sey City, NY-NJ-PA consumer price index (CPI-U), and provided further 22 that for any other municipality that adopts a local law, ordinance or 23 resolution providing for the abatement of taxes pursuant to this 24 section, such consumer price index shall be the Northeast Region consum- 25 er price index. 26 b. for a dwelling unit where the head of the household qualifies as a 27 person with a disability pursuant to subdivision five of this section, 28 no tax abatement shall be granted if the combined income for all members 29 of the household for the current income tax year exceeds [fifty] sixty- 30 seven thousand dollars beginning July first, two thousand [fourteen] 31 twenty-five, as may be provided by the local law, ordinance or resol- 32 ution adopted pursuant to this section. The maximum income threshold 33 provided for herein shall be increased by order of the commissioner of 34 the state division of housing and community renewal to reflect any 35 increase in the consumer price index for all urban consumers for all 36 items as published by the United States bureau of labor statistics for 37 the region in which the housing accommodation is located, as established 38 for the most recent preceding calendar year as shall be published by the 39 division of housing and community renewal no later than the first of 40 July in any given year, provided that for New York city and any munici- 41 pality that adopts a local law, ordinance or resolution providing for 42 the abatement of taxes pursuant to this section in the counties of 43 Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester, 44 such consumer price index shall be the New York-Newark-Jersey City, 45 NY-NJ-PA consumer price index (CPI-U), and provided further that for any 46 other municipality that adopts a local law, ordinance or resolution 47 providing for the abatement of taxes pursuant to this section, such 48 consumer price index shall be the Northeast Region consumer price index. 49 § 2. Paragraphs d and m of subdivision 1 of section 467-c of the real 50 property tax law, paragraph d as separately amended by chapters 188 and 51 205 of the laws of 2005, subparagraph 1 of paragraph d as amended by 52 section 2 of part U of chapter 55 of the laws of 2014 and paragraph m as 53 amended by chapter 129 of the laws of 2014, are amended to read as 54 follows: 55 d. "Eligible head of the household" means (1) a person or [his or her] 56 such person's spouse who is sixty-two years of age or older and is enti- 

 A. 5344 3 1 tled to the possession or to the use and occupancy of a dwelling unit, 2 provided, however, with respect to a dwelling which was subject to a 3 mortgage insured or initially insured by the federal government pursuant 4 to section two hundred thirteen of the National Housing Act, as amended 5 "eligible head of the household" shall be limited to that person or [his 6 or her] such person's spouse who was entitled to possession or the use 7 and occupancy of such dwelling unit at the time of termination of such 8 mortgage, and whose income when combined with the income of all other 9 members of the household, does not exceed six thousand five hundred 10 dollars for the taxable period, or such other sum not less than sixty- 11 five hundred dollars nor more than twenty-five thousand dollars begin- 12 ning July first, two thousand five, twenty-six thousand dollars begin- 13 ning July first, two thousand six, twenty-seven thousand dollars 14 beginning July first, two thousand seven, twenty-eight thousand dollars 15 beginning July first, two thousand eight, twenty-nine thousand dollars 16 beginning July first, two thousand nine, [and] fifty thousand dollars 17 beginning July first, two thousand fourteen, and sixty-seven thousand 18 dollars beginning July first, two thousand twenty-five, as may be 19 provided by local law; or (2) a person with a disability as defined in 20 this subdivision. The maximum income threshold provided for herein 21 shall be increased by order of the commissioner of the state division of 22 housing and community renewal to reflect any increase in the consumer 23 price index for all urban consumers for all items as published by the 24 United States bureau of labor statistics for the region in which the 25 housing accommodation is located, as established for the most recent 26 preceding calendar year as shall be published by the division of housing 27 and community renewal no later than the first of July in any given year, 28 provided that for New York city and any municipality that adopts a local 29 law, ordinance or resolution providing for the abatement of taxes pursu- 30 ant to this section in the counties of Dutchess, Nassau, Orange, Putnam, 31 Rockland, Suffolk, and Westchester, such consumer price index shall be 32 the New York-Newark-Jersey City, NY-NJ-PA consumer price index (CPI-U), 33 and provided further that for any other municipality that adopts a local 34 law, ordinance or resolution providing for the abatement of taxes pursu- 35 ant to this section, such consumer price index shall be the Northeast 36 Region consumer price index. 37 m. "Person with a disability" means an individual who is currently 38 receiving social security disability insurance (SSDI) or supplemental 39 security income (SSI) benefits under the federal social security act or 40 disability pension or disability compensation benefits provided by the 41 United States department of veterans affairs or those previously eligi- 42 ble by virtue of receiving disability benefits under the supplemental 43 security income program or the social security disability program and 44 currently receiving medical assistance benefits based on determination 45 of disability as provided in section three hundred sixty-six of the 46 social services law and whose income for the current income tax year, 47 together with the income of all members of such individual's household, 48 does not exceed [fifty] sixty-seven thousand dollars beginning July 49 first, two thousand [fourteen] twenty-five, as may be provided by local 50 law. The maximum income threshold provided for herein shall be 51 increased by order of the commissioner of the state division of housing 52 and community renewal to reflect any increase in the consumer price 53 index for all urban consumers for all items as published by the United 54 States bureau of labor statistics for the region in which the housing 55 accommodation is located, as established for the most recent preceding 56 calendar year as shall be published by the division of housing and 

 A. 5344 4 1 community renewal no later than the first of July in any given year, 2 provided that for New York city and any municipality that adopts a local 3 law, ordinance or resolution providing for the abatement of taxes pursu- 4 ant to this section in the counties of Dutchess, Nassau, Orange, Putnam, 5 Rockland, Suffolk, and Westchester, such consumer price index shall be 6 the New York-Newark-Jersey City, NY-NJ-PA consumer price index (CPI-U), 7 and provided further that for any other municipality that adopts a local 8 law, ordinance or resolution providing for the abatement of taxes pursu- 9 ant to this section, such consumer price index shall be the Northeast 10 Region consumer price index. 11 § 3. Subparagraph (i) of paragraph (a) of subdivision 3 of section 467 12 of the real property tax law, as amended by section 2 of part K of chap- 13 ter 59 of the laws of 2023, is amended to read as follows: 14 (i) if the income of the owner or the combined income of the owners of 15 the property for the applicable income tax year exceeds the sum of three 16 thousand dollars, or such other sum not less than three thousand dollars 17 nor more than [fifty] sixty-seven thousand dollars beginning July first, 18 two thousand twenty-five, as may be provided by the local law, ordinance 19 or resolution adopted pursuant to this section. The maximum income 20 threshold provided for herein shall be increased by order of the commis- 21 sioner to reflect any increase in the consumer price index for all urban 22 consumers for all items as published by the United States bureau of 23 labor statistics for the region in which the housing accommodation is 24 located, as established for the most recent preceding calendar year as 25 shall be published by the division of housing and community renewal no 26 later than the first of July in any given year, provided that for New 27 York city and any municipality that adopts a local law, ordinance or 28 resolution providing for the abatement of taxes pursuant to this section 29 in the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, 30 and Westchester, such consumer price index shall be the New York-Ne- 31 wark-Jersey City, NY-NJ-PA consumer price index (CPI-U), and provided 32 further that for any other municipality that adopts a local law, ordi- 33 nance or resolution providing for the abatement of taxes pursuant to 34 this section, such consumer price index shall be the Northeast Region 35 consumer price index. 36 § 4. Subparagraph (i) of paragraph (a) of subdivision 5 of section 37 459-c of the real property tax law, as amended by section 8 of part K of 38 chapter 59 of the laws of 2023, is amended to read as follows: 39 (i) if the income of the owner or the combined income of the owners of 40 the property for the applicable income tax year exceeds the sum of three 41 thousand dollars, or such other sum not less than three thousand dollars 42 nor more than [fifty] sixty-seven thousand dollars beginning July first, 43 two thousand twenty-five, as may be provided by the local law or resol- 44 ution adopted pursuant to this section. The maximum income threshold 45 provided for herein shall be increased by order of the commissioner to 46 reflect any increase in the consumer price index for all urban consumers 47 for all items as published by the United States bureau of labor statis- 48 tics for the region in which the housing accommodation is located, as 49 established for the most recent preceding calendar year as shall be 50 published by the division of housing and community renewal no later than 51 the first of July in any given year, provided that for New York city and 52 any municipality that adopts a local law, ordinance or resolution 53 providing for the abatement of taxes pursuant to this section in the 54 counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and 55 Westchester, such consumer price index shall be the New York-Newark-Jer- 56 sey City, NY-NJ-PA consumer price index (CPI-U), and provided further 

 A. 5344 5 1 that for any other municipality that adopts a local law, ordinance or 2 resolution providing for the abatement of taxes pursuant to this 3 section, such consumer price index shall be the Northeast Region consum- 4 er price index. 5 § 5. Section 4 of part U of chapter 55 of the laws of 2014, amending 6 the real property tax law relating to the tax abatement and exemption 7 for rent regulated and rent controlled property occupied by senior citi- 8 zens, as amended by chapter 144 of the laws of 2024, is amended to read 9 as follows: 10 § 4. This act shall take effect July 1, 2014[, and sections one and 11 two of this act shall expire and be deemed repealed June 30, 2026; 12 provided that the amendment to section 467-b of the real property tax 13 law made by section one of this act shall not affect the expiration of 14 such section and shall be deemed to expire therewith]. 15 § 6. Section 4 of chapter 129 of the laws of 2014, amending the real 16 property tax law relating to the tax abatement and exemption for rent 17 regulated and rent controlled property occupied by persons with disabil- 18 ities, as amended by chapter 144 of the laws of 2024, is amended to read 19 as follows: 20 § 4. This act shall take effect July 1, 2014 [provided, however, that: 21 (a) the amendments to paragraph b of subdivision 3 of section 467-b of 22 the real property tax law made by section one of this act shall be 23 subject to the expiration and reversion of such subdivision pursuant to 24 section 17 of chapter 576 of the laws of 1974, as amended, when upon 25 such date the provisions of section two of this act shall take effect; 26 and 27 (b) nothing contained in this act shall be construed so as to extend 28 the provisions of this act beyond June 30, 2026, when upon such date 29 this act shall expire and the provisions contained in this act shall be 30 deemed repealed]. 31 § 7. This act shall take effect immediately.