Bill Text: NY A02310 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to redetermination based on increases in income for a tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to aging [A02310 Detail]

Download: New_York-2021-A02310-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2310

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Aging

        AN ACT to amend the real property tax law,  in  relation  to  redetermi-
          nation  based  on  income  for a tax abatement for rent-controlled and
          rent regulated property occupied by senior citizens  or  persons  with
          disabilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph g of subdivision 3 of section 467-b of  the  real
     2  property  tax  law,  as  amended  by chapter 553 of the laws of 2015, is
     3  amended to read as follows:
     4    g. notwithstanding any other provision of law to the contrary, where a
     5  head of the household holds a current, valid tax  abatement  certificate
     6  and[,  after the effective date of this paragraph,] there is a permanent
     7  increase or decrease in the combined income of all members of the house-
     8  hold in an amount which exceeds twenty percent of such income as repres-
     9  ented in such head of the household's last approved  application  for  a
    10  tax  abatement  certificate  or  for  renewal  thereof, such head of the
    11  household may apply for a redetermination of the amount set forth there-
    12  in. Such determination may also be undertaken by the city  rent  agency.
    13  Upon [application] redetermination, such amount shall be redetermined so
    14  as to re-establish the ratio of adjusted rent to income which existed at
    15  the  time  of  approval of such head of the household's last application
    16  for a tax abatement certificate or for renewal thereof; provided, howev-
    17  er, that in no event shall the amount of the adjusted rent  be  redeter-
    18  mined  to  be  (i)  in  the case of a head of the household who does not
    19  receive a monthly allowance for shelter pursuant to the social  services
    20  law,  less  than  one-third of the combined income of all members of the
    21  household unless such head of the household  has  been  granted  a  rent
    22  increase  exemption  order  that  is  in effect as of January first, two
    23  thousand fifteen or takes effect on or before July first,  two  thousand

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00845-01-1
        A. 2310                             2

     1  fifteen;  or  (ii) in the case of a head of the household who receives a
     2  monthly allowance for shelter pursuant to the social services law,  less
     3  than  the maximum allowance for shelter which such head of the household
     4  is  entitled to receive pursuant to such law. For purposes of this para-
     5  graph, a decrease in the combined income of all members of the household
     6  shall not include any decrease in such income resulting from the  manner
     7  in  which  income is calculated pursuant to any amendment to paragraph c
     8  of subdivision one of this section made on or after April  first,  nine-
     9  teen  hundred  eighty-seven.  For  purposes of this paragraph, "adjusted
    10  rent" shall mean maximum rent or legal regulated rent  less  the  amount
    11  set forth in a tax abatement certificate.
    12    § 2. This act shall take effect immediately.