STATE OF NEW YORK ________________________________________________________________________ 1457--A 2025-2026 Regular Sessions IN SENATE January 10, 2025 ___________ Introduced by Sens. KAVANAGH, ADDABBO, HOYLMAN-SIGAL, JACKSON, KRUEGER, ROLISON, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- reported favora- bly from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04145-06-5
S. 1457--A 2 1 dollars beginning July first, two thousand six, twenty-seven thousand 2 dollars beginning July first, two thousand seven, twenty-eight thousand 3 dollars beginning July first, two thousand eight, twenty-nine thousand 4 dollars beginning July first, two thousand nine, [and] fifty thousand 5 dollars beginning July first, two thousand fourteen, and sixty-seven 6 thousand dollars beginning July first, two thousand twenty-five, as may 7 be provided by the local law, ordinance or resolution adopted pursuant 8 to this section, provided that when the head of the household retires 9 before the commencement of such income tax year and the date of filing 10 the application, the income for such year may be adjusted by excluding 11 salary or earnings and projecting [his or her] such head of household's 12 retirement income over the entire period of such year. The maximum 13 income threshold provided for herein shall be increased by order of the 14 commissioner of the state division of housing and community renewal to 15 reflect any increase in the consumer price index for all urban consumers 16 for all items as published by the United States bureau of labor statis- 17 tics for the region in which the housing accommodation is located, as 18 established for the most recent preceding calendar year as shall be 19 published by the division of housing and community renewal no later than 20 the first of July in any given year, provided that for New York city and 21 any municipality that adopts a local law, ordinance or resolution 22 providing for the abatement of taxes pursuant to this section in the 23 counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and 24 Westchester, such consumer price index shall be the New York-Newark-Jer- 25 sey City, NY-NJ-PA consumer price index (CPI-U), and provided further 26 that for any other municipality that adopts a local law, ordinance or 27 resolution providing for the abatement of taxes pursuant to this 28 section, such consumer price index shall be the Northeast Region consum- 29 er price index. 30 b. for a dwelling unit where the head of the household qualifies as a 31 person with a disability pursuant to subdivision five of this section, 32 no tax abatement shall be granted if the combined income for all members 33 of the household for the current income tax year exceeds [fifty] sixty- 34 seven thousand dollars beginning July first, two thousand [fourteen] 35 twenty-five, as may be provided by the local law, ordinance or resol- 36 ution adopted pursuant to this section. The maximum income threshold 37 provided for herein shall be increased by order of the commissioner of 38 the state division of housing and community renewal to reflect any 39 increase in the consumer price index for all urban consumers for all 40 items as published by the United States bureau of labor statistics for 41 the region in which the housing accommodation is located, as established 42 for the most recent preceding calendar year as shall be published by the 43 division of housing and community renewal no later than the first of 44 July in any given year, provided that for New York city and any munici- 45 pality that adopts a local law, ordinance or resolution providing for 46 the abatement of taxes pursuant to this section in the counties of 47 Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester, 48 such consumer price index shall be the New York-Newark-Jersey City, 49 NY-NJ-PA consumer price index (CPI-U), and provided further that for any 50 other municipality that adopts a local law, ordinance or resolution 51 providing for the abatement of taxes pursuant to this section, such 52 consumer price index shall be the Northeast Region consumer price index. 53 § 2. Paragraphs d and m of subdivision 1 of section 467-c of the real 54 property tax law, paragraph d as separately amended by chapters 188 and 55 205 of the laws of 2005, subparagraph 1 of paragraph d as amended by 56 section 2 of part U of chapter 55 of the laws of 2014 and paragraph m as
S. 1457--A 3 1 amended by chapter 129 of the laws of 2014, are amended to read as 2 follows: 3 d. "Eligible head of the household" means (1) a person or [his or her] 4 such person's spouse who is sixty-two years of age or older and is enti- 5 tled to the possession or to the use and occupancy of a dwelling unit, 6 provided, however, with respect to a dwelling which was subject to a 7 mortgage insured or initially insured by the federal government pursuant 8 to section two hundred thirteen of the National Housing Act, as amended 9 "eligible head of the household" shall be limited to that person or [his 10 or her] such person's spouse who was entitled to possession or the use 11 and occupancy of such dwelling unit at the time of termination of such 12 mortgage, and whose income when combined with the income of all other 13 members of the household, does not exceed six thousand five hundred 14 dollars for the taxable period, or such other sum not less than sixty- 15 five hundred dollars nor more than twenty-five thousand dollars begin- 16 ning July first, two thousand five, twenty-six thousand dollars begin- 17 ning July first, two thousand six, twenty-seven thousand dollars 18 beginning July first, two thousand seven, twenty-eight thousand dollars 19 beginning July first, two thousand eight, twenty-nine thousand dollars 20 beginning July first, two thousand nine, [and] fifty thousand dollars 21 beginning July first, two thousand fourteen, and sixty-seven thousand 22 dollars beginning July first, two thousand twenty-five, as may be 23 provided by local law; or (2) a person with a disability as defined in 24 this subdivision. The maximum income threshold provided for herein 25 shall be increased by order of the commissioner of the state division of 26 housing and community renewal to reflect any increase in the consumer 27 price index for all urban consumers for all items as published by the 28 United States bureau of labor statistics for the region in which the 29 housing accommodation is located, as established for the most recent 30 preceding calendar year as shall be published by the division of housing 31 and community renewal no later than the first of July in any given year, 32 provided that for New York city and any municipality that adopts a local 33 law, ordinance or resolution providing for the abatement of taxes pursu- 34 ant to this section in the counties of Dutchess, Nassau, Orange, Putnam, 35 Rockland, Suffolk, and Westchester, such consumer price index shall be 36 the New York-Newark-Jersey City, NY-NJ-PA consumer price index (CPI-U), 37 and provided further that for any other municipality that adopts a local 38 law, ordinance or resolution providing for the abatement of taxes pursu- 39 ant to this section, such consumer price index shall be the Northeast 40 Region consumer price index. 41 m. "Person with a disability" means an individual who is currently 42 receiving social security disability insurance (SSDI) or supplemental 43 security income (SSI) benefits under the federal social security act or 44 disability pension or disability compensation benefits provided by the 45 United States department of veterans affairs or those previously eligi- 46 ble by virtue of receiving disability benefits under the supplemental 47 security income program or the social security disability program and 48 currently receiving medical assistance benefits based on determination 49 of disability as provided in section three hundred sixty-six of the 50 social services law and whose income for the current income tax year, 51 together with the income of all members of such individual's household, 52 does not exceed [fifty] sixty-seven thousand dollars beginning July 53 first, two thousand [fourteen] twenty-five, as may be provided by local 54 law. The maximum income threshold provided for herein shall be 55 increased by order of the commissioner of the state division of housing 56 and community renewal to reflect any increase in the consumer price
S. 1457--A 4 1 index for all urban consumers for all items as published by the United 2 States bureau of labor statistics for the region in which the housing 3 accommodation is located, as established for the most recent preceding 4 calendar year as shall be published by the division of housing and 5 community renewal no later than the first of July in any given year, 6 provided that for New York city and any municipality that adopts a local 7 law, ordinance or resolution providing for the abatement of taxes pursu- 8 ant to this section in the counties of Dutchess, Nassau, Orange, Putnam, 9 Rockland, Suffolk, and Westchester, such consumer price index shall be 10 the New York-Newark-Jersey City, NY-NJ-PA consumer price index (CPI-U), 11 and provided further that for any other municipality that adopts a local 12 law, ordinance or resolution providing for the abatement of taxes pursu- 13 ant to this section, such consumer price index shall be the Northeast 14 Region consumer price index. 15 § 3. Subparagraph (i) of paragraph (a) of subdivision 3 of section 467 16 of the real property tax law, as amended by section 2 of part K of chap- 17 ter 59 of the laws of 2023, is amended to read as follows: 18 (i) if the income of the owner or the combined income of the owners of 19 the property for the applicable income tax year exceeds the sum of three 20 thousand dollars, or such other sum not less than three thousand dollars 21 nor more than [fifty] sixty-seven thousand dollars beginning July first, 22 two thousand twenty-five, as may be provided by the local law, ordinance 23 or resolution adopted pursuant to this section. The maximum income 24 threshold provided for herein shall be increased by order of the commis- 25 sioner to reflect any increase in the consumer price index for all urban 26 consumers for all items as published by the United States bureau of 27 labor statistics for the region in which the housing accommodation is 28 located, as established for the most recent preceding calendar year as 29 shall be published by the division of housing and community renewal no 30 later than the first of July in any given year, provided that for New 31 York city and any municipality that adopts a local law, ordinance or 32 resolution providing for the abatement of taxes pursuant to this section 33 in the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, 34 and Westchester, such consumer price index shall be the New York-Ne- 35 wark-Jersey City, NY-NJ-PA consumer price index (CPI-U), and provided 36 further that for any other municipality that adopts a local law, ordi- 37 nance or resolution providing for the abatement of taxes pursuant to 38 this section, such consumer price index shall be the Northeast Region 39 consumer price index. 40 § 4. Subparagraph (i) of paragraph (a) of subdivision 5 of section 41 459-c of the real property tax law, as amended by section 8 of part K of 42 chapter 59 of the laws of 2023, is amended to read as follows: 43 (i) if the income of the owner or the combined income of the owners of 44 the property for the applicable income tax year exceeds the sum of three 45 thousand dollars, or such other sum not less than three thousand dollars 46 nor more than [fifty] sixty-seven thousand dollars beginning July first, 47 two thousand twenty-five, as may be provided by the local law or resol- 48 ution adopted pursuant to this section. The maximum income threshold 49 provided for herein shall be increased by order of the commissioner to 50 reflect any increase in the consumer price index for all urban consumers 51 for all items as published by the United States bureau of labor statis- 52 tics for the region in which the housing accommodation is located, as 53 established for the most recent preceding calendar year as shall be 54 published by the division of housing and community renewal no later than 55 the first of July in any given year, provided that for New York city and 56 any municipality that adopts a local law, ordinance or resolution
S. 1457--A 5 1 providing for the abatement of taxes pursuant to this section in the 2 counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and 3 Westchester, such consumer price index shall be the New York-Newark-Jer- 4 sey City, NY-NJ-PA consumer price index (CPI-U), and provided further 5 that for any other municipality that adopts a local law, ordinance or 6 resolution providing for the abatement of taxes pursuant to this 7 section, such consumer price index shall be the Northeast Region consum- 8 er price index. 9 § 5. Section 4 of part U of chapter 55 of the laws of 2014, amending 10 the real property tax law relating to the tax abatement and exemption 11 for rent regulated and rent controlled property occupied by senior citi- 12 zens, as amended by chapter 144 of the laws of 2024, is amended to read 13 as follows: 14 § 4. This act shall take effect July 1, 2014[, and sections one and 15 two of this act shall expire and be deemed repealed June 30, 2026; 16 provided that the amendment to section 467-b of the real property tax 17 law made by section one of this act shall not affect the expiration of 18 such section and shall be deemed to expire therewith]. 19 § 6. Section 4 of chapter 129 of the laws of 2014, amending the real 20 property tax law relating to the tax abatement and exemption for rent 21 regulated and rent controlled property occupied by persons with disabil- 22 ities, as amended by chapter 144 of the laws of 2024, is amended to read 23 as follows: 24 § 4. This act shall take effect July 1, 2014 [provided, however, that: 25 (a) the amendments to paragraph b of subdivision 3 of section 467-b of 26 the real property tax law made by section one of this act shall be 27 subject to the expiration and reversion of such subdivision pursuant to 28 section 17 of chapter 576 of the laws of 1974, as amended, when upon 29 such date the provisions of section two of this act shall take effect; 30 and 31 (b) nothing contained in this act shall be construed so as to extend 32 the provisions of this act beyond June 30, 2026, when upon such date 33 this act shall expire and the provisions contained in this act shall be 34 deemed repealed]. 35 § 7. This act shall take effect immediately.