Was any rent you received for nonresidential use of your property 20% or less of your rental income during 2023? What if I do not rent just occupy?

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The Real Property Tax Credit is based upon your computed real property tax. For renters, this would be calculated based upon the amount of rent paid.  If you or a member of your household do not pay rent, but rather occupy a residence, then your credit will be zero. 

Household members include all who share your residence and its furnishings, facilities, and accommodations, whether they are related to you or not. However, tenants, subtenants, roomers, or boarders are not members of your household unless they are related to you in one of the following ways: 

• A child or the descendant of a child; 
• A stepchild; 
• A sibling or stepsibling; 
• A parent or the ancestor of a parent; 
• A stepparent; 
• A sibling’s child; 
• A parent’s sibling; or 
• An individual married to a child or sibling. 

Please note: No one can be a member of more than one household at one time.

You would be entitled to this refundable credit if:

• your household gross income is $18,000 or less;
• you occupied the same New York residence for six months or more;
• you were a New York State resident for the entire tax year;
• you could not be claimed as a dependent on another taxpayer's federal income tax return;
• your residence was not completely exempted from real property taxes;
• the current market value of all real property you owned, such as houses, garages, and land, was $85,000 or less; and
• you meet all the conditions listed under either Homeowners or Renters below.

Renters:

• You or a member of your household paid rent for your residence.
• The average monthly rent you and other members of your household paid was $450 or less, not counting charges for heat, gas, electricity, furnishings, or board.

Homeowners:

• You or your spouse paid real property taxes.
• Any rent you received for nonresidential use of your residence was 20% or less of the total rent you received.

For additional information, please see Instructions for Form IT-214.