Bill Text: NY A03780 | 2019-2020 | General Assembly | Amended

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Bill Title: Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to aging [A03780 Detail]

Download: New_York-2019-A03780-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3780--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 31, 2019
                                       ___________

        Introduced  by  M. of A. ROZIC, CYMBROWITZ, BLAKE, RIVERA -- Multi-Spon-
          sored by -- M. of A. COOK -- read once and referred to  the  Committee
          on  Aging  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee

        AN ACT to amend the real property tax law, in relation to 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  decrease  in  the  combined income of all members of the household in an
     8  amount which exceeds twenty percent of such  income  as  represented  in
     9  such  head of the household's last approved application for a tax abate-
    10  ment certificate or for renewal thereof, such head of the household  may
    11  apply for a redetermination of the amount set forth therein. Upon appli-
    12  cation,  such  amount  shall  be  redetermined so as to re-establish the
    13  ratio of adjusted rent to income which existed at the time  of  approval
    14  of  such  head  of  the household's last application for a tax abatement
    15  certificate or for renewal thereof; provided, however, that in no  event
    16  shall  the  amount of the adjusted rent be redetermined to be (i) in the
    17  case of a head of the household who does not receive a monthly allowance
    18  for shelter pursuant to the social services law, less than one-third  of
    19  the  combined income of all members of the household unless such head of
    20  the household has been granted a rent increase exemption order  that  is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00999-05-9
        A. 3780--B                          2

     1  in  effect  as of January first, two thousand fifteen or takes effect on
     2  or before July first, two thousand fifteen; or (ii) in  the  case  of  a
     3  head  of  the  household  who  receives  a monthly allowance for shelter
     4  pursuant to the social services law, less than the maximum allowance for
     5  shelter which such head of the household is entitled to receive pursuant
     6  to  such law.  When a redetermination of the adjusted rent has been made
     7  pursuant to this paragraph, such redetermination may, at  local  option,
     8  be  made retroactive to the date on which there was a permanent decrease
     9  in the combined income of all members of the household; provided, howev-
    10  er, that the look-back period for the retroactive  benefit  pursuant  to
    11  the  redetermination shall be limited to the date upon which the head of
    12  household filed for the most recently approved application  or  renewal.
    13  For purposes of this paragraph, a decrease in the combined income of all
    14  members  of  the household shall not include any decrease in such income
    15  resulting from the manner in which income is calculated pursuant to  any
    16  amendment  to  paragraph c of subdivision one of this section made on or
    17  after April first, nineteen hundred eighty-seven. For purposes  of  this
    18  paragraph,  "adjusted  rent"  shall mean maximum rent or legal regulated
    19  rent less the amount set forth in a tax abatement certificate.
    20    § 2. This act shall take effect immediately; provided,  however,  that
    21  the  amendments  to  section  467-b of the real property tax law made by
    22  section one of this act shall not affect the expiration of such  section
    23  pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
    24  and shall be deemed to expire therewith.