Bill Text: NY S08323 | 2021-2022 | General Assembly | Introduced

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Bill Title: Excludes social security payments and supplemental security income from the definition of "income" for the purposes of determining eligibility under the senior citizen rent increase exemption (SCRIE).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-14 - REFERRED TO AGING [S08323 Detail]

Download: New_York-2021-S08323-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8323

                    IN SENATE

                                    February 14, 2022
                                       ___________

        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 the definition
          of income for purposes of the senior citizen rent increase  exemptions
          (SCRIE) program

          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; provided however that income
    18  shall not include income from social security benefits  or  supplemental
    19  security  income  payments if the governing board of the municipality in
    20  which the senior citizen resides, after public hearing, adopts  a  local
    21  law,  ordinance,  or  resolution  electing  to  exempt such benefits and
    22  payments;
    23    § 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
    24  ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
    25  read as follows:
    26    f. "Income" means income received by the eligible head of  the  house-
    27  hold combined with the income of all other members of the household from

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08748-01-1
        S. 8323                             2

     1  all  sources after deduction of all income and social security taxes and
     2  includes without limitation, social security  and  retirement  benefits,
     3  supplemental  security  income  and  additional  state  payments, public
     4  assistance  benefits, interest, dividends, net rental income, salary and
     5  earnings, and net income from self employment,  but  shall  not  include
     6  gifts  or  inheritances,  payments  made to individuals because of their
     7  status as victims of Nazi persecution as defined in  P.L.  103-286,  nor
     8  increases  in benefits accorded pursuant to the social security act or a
     9  public or private pension paid to any  member  of  the  household  which
    10  increase,  in  any  given year, does not exceed the consumer price index
    11  (all items United States city average) for such year which  take  effect
    12  after  the eligibility date of an eligible head of the household receiv-
    13  ing benefits hereunder whether received by  the  eligible  head  of  the
    14  household  or  any other member of the household. When the eligible head
    15  of the household has retired on or after the commencement of the taxable
    16  period and prior to the  date  of  making  an  application  for  a  rent
    17  increase  exemption  order/tax  abatement  certificate  pursuant to this
    18  section, such person's income shall be adjusted by excluding  salary  or
    19  earnings  and projecting such person's retirement income over the entire
    20  taxable period.  For purposes of determining  income  pursuant  to  this
    21  paragraph, income shall not include social security benefits and supple-
    22  mental  security  income  payments  if  the governing board of the local
    23  municipality in which the senior citizen resides,  after public hearing,
    24  adopts a local law, ordinance, or resolution  electing  to  exempt  such
    25  benefits and payments.
    26    § 3. This act shall take effect immediately.