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File #: Int 0834-2000    Version: * Name: Real Property Tax Exemption, limited income persons with disabiltiies.
Type: Introduction Status: Enacted
Committee: Committee on Finance
On agenda: 11/15/2000
Enactment date: 12/14/2000 Law number: 2000/070
Title: A Local Law to amend the administrative code of the city of New York, in relation to the real property tax exemption for persons with disabilities whose incomes are limited due to such disabilities.
Sponsors: Peter F. Vallone, Herbert E. Berman, Tracy L. Boyland, Una Clarke, Adolfo Carrion, Lucy Cruz, Noach Dear, Stephen DiBrienza, Martin Malave-Dilan, June M. Eisland, Pedro G. Espada, Kenneth K. Fisher, Wendell Foster, Kathryn E. Freed, Julia Harrison, Lloyd Henry, Sheldon S. Leffler, Karen Koslowitz, Howard L. Lasher, Guillermo Linares, Margarita Lopez, Helen M. Marshall, Walter L. McCaffrey, Stanley E. Michels, Gifford Miller, Eva S. Moskowitz, Michael C. Nelson, Jerome X. O'Donovan, Bill Perkins, Mary Pinkett, Morton Povman, Madeline T. Provenzano, Christine C. Quinn, Philip Reed, Jose Rivera, Victor L. Robles, Annette M. Robinson, Angel Rodriguez, John D. Sabini, Archie W. Spigner, Lawrence A. Warden, Thomas White, Priscilla A. Wooten, Mark Green, Michael J. Abel, Stephen J. Fiala, Martin J. Golden, James S. Oddo, Alphonse Stabile, Thomas V. Ognibene
Council Member Sponsors: 50
Attachments: 1. Committee Report, 2. Fiscal Impact Statement
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/14/2000*Peter F. Vallone City Council Recved from Mayor by Council  Action details Meeting details Not available
12/14/2000*Peter F. Vallone Mayor Signed Into Law by Mayor  Action details Meeting details Not available
12/14/2000*Peter F. Vallone Mayor Hearing Held by Mayor  Action details Meeting details Not available
11/29/2000*Peter F. Vallone City Council Sent to Mayor by Council  Action details Meeting details Not available
11/29/2000*Peter F. Vallone City Council Approved by CouncilPass Action details Meeting details Not available
11/29/2000*Peter F. Vallone Committee on Finance Hearing Held by Committee  Action details Meeting details Not available
11/29/2000*Peter F. Vallone Committee on Finance Approved by CommitteePass Action details Meeting details Not available
11/15/2000*Peter F. Vallone Legislative Documents Unit Printed Item Laid on Desk  Action details Meeting details Not available
11/15/2000*Peter F. Vallone City Council Referred to Comm by Council  Action details Meeting details Not available
11/15/2000*Peter F. Vallone City Council Introduced by Council  Action details Meeting details Not available
Int. No. 834
 
By The Speaker (Council Member Vallone) and Council Members Berman, Boyland, Carrion Clarke, Cruz, Dear, DiBrienza, Malave-Dilan, Eisland, Espada, Fisher, Foster, Freed, Harrison, Henry, Leffler, Koslowitz, Lasher, Linares, Lopez, Marshall, McCaffrey, Michels, Miller, Moskowitz, Nelson, O'Donovan, Perkins, Pinkett, Povman, Provenzano, Quinn, Reed, Rivera, Robles, Robinson, Rodriguez, Sabini, Spigner, Warden, White, Wooten, The Public Advocate (Mr. Green), Abel, Fiala, Golden, Oddo, Stabile and Ognibene
 
 
A Local Law to amend the administrative code of the city of New York, in relation to the real property tax exemption for persons with disabilities whose incomes are limited due to such disabilities.
 
 
Be it enacted by the Council as follows:
Section 1. Paragraph b of subdivision 1 of section 11-245.4 of the administrative code of the city of New York, is amended to read as follows:
(b) For purposes of this section, a person with a disability is one who has a physical or mental impairment, not due to current use of alcohol or illegal drug use, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working, and who (i) is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal social security act, or (ii) is certified to receive railroad retirement disability benefits under the federal railroad retirement act, or (iii) has received a certificate from the state commission for the blind and visually handicapped stating that such person is legally blind, or (iv) is certified to receive a United States postal service disability pension. An award letter from the social security administration or the railroad retirement board or a certificate from the state commission for the blind and visually handicapped or an award letter from the United States postal service shall be submitted as proof of disability.   
§2. Paragraph a of subdivision 3 of section 11-245.4 of the administrative code of the city of New York, is amended to read as follows:
(a) if the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of [eighteen] twenty thousand five hundred dollars. Income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum, except where the husband or wife, or ex-husband or ex-wife is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts, inheritances or monies earned through employment in the federal foster grandparent program and any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. In computing net rental income and net income from self-employment no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income;
§3. Subdivision 6 of section 11-245.4 of the administrative code of the city of New York is amended to read as follows:
6. Notwithstanding the maximum income exemption eligibility level provided in subdivision three of this section, an exemption, subject to all other provisions of this section, shall be granted as indicated in the following schedule:
 
ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION
      EXEMPT FROM TAXATION
More than [$18,500] $20,500
      but less than [$19,500]
      $21,500                                          45 per centum
 
[$19,500] $21,500 or more but
less than [$20,500] $22,500                  40 per centum
 
[$20,500] $22,500 or more but
less than [$21,500] $23,500                  35 per centum
 
[$21,500] $23,500 or more but
less than [$22,400] $24,400                  30 per centum
 
[$22,400] $24,400 or more but
less than [$23,300] $25,300                  25 per centum
 
[$23,300] $25,300 or more but
less than [$24,200] $26,200                  20 per centum
 
[$24,200] $26,200 or more but
less than $[25,100] $27,100                  15 per centum
 
 
[$25,100] $27,100 or more but
less than [$26,000] $28,000                  10 per centum
 
[$26,000] $28,000 or more but
less than [$26,900] $28,900                  5 per centum
 
§4.  This local law shall take effect immediately and shall apply to assessment rolls prepared on the basis of a taxable status date occurring on or after January 1, 2001.