Bill Text: NY S02944 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that the tax abatements for certain rent-controlled and rent-regulated property occupied by senior citizens commonly known as the senior citizens' rent increase exemption (SCRIE) shall be applicable where the rent constitutes more than one-fourth rather than one-third of the tenant's income.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-31 - REFERRED TO AGING [S02944 Detail]

Download: New_York-2019-S02944-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2944
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 31, 2019
                                       ___________
        Introduced  by Sen. STAVISKY -- 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  income
          level  for  the  applicability  of  the senior citizens' rent increase
          exemption
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 and subparagraph 3 of paragraph d of subdivi-
     2  sion  3  of section 467-b of the real property tax law, subdivision 2 as
     3  amended by chapter 747 of the laws of 1985, paragraph (c) of subdivision
     4  2 as added and subparagraph 3 of paragraph d of subdivision 3 as amended
     5  by chapter 553 of the laws of 2015, and  paragraph (d) of subdivision  2
     6  as  added  by  chapter  343  of the laws of 2016, are amended to read as
     7  follows:
     8    2. The governing body of any municipal corporation is  hereby  author-
     9  ized  and  empowered  to adopt, after public hearing, in accordance with
    10  the provisions of this section, a local  law,  ordinance  or  resolution
    11  providing  for  the  abatement  of  taxes  of said municipal corporation
    12  imposed on real property containing a dwelling unit as defined herein by
    13  one of the following amounts:
    14    (a) where the head of the household does not receive a monthly  allow-
    15  ance  for  shelter pursuant to the social services law, an amount not in
    16  excess of that portion of any increase in maximum rent  or  legal  regu-
    17  lated  rent  which  causes  such maximum rent or legal regulated rent to
    18  exceed [one-third] one-fourth of the combined income of all  members  of
    19  the household; or
    20    (b)  where  the head of the household receives a monthly allowance for
    21  shelter pursuant to the social services law, an amount not in excess  of
    22  that  portion  of  any  increase in maximum rent or legal regulated rent
    23  which is not covered by the maximum allowance  for  shelter  which  such
    24  person is entitled to receive pursuant to the social services law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04449-01-9

        S. 2944                             2
     1    (c)  Provided,  however, that in a city of a population of one million
     2  or more, where the head of household has been granted  a  rent  increase
     3  exemption  order  that  is  in  effect as of January first, two thousand
     4  fifteen or takes effect on or before July first, two  thousand  fifteen,
     5  the  amount  determined by paragraph (a) of this subdivision shall be an
     6  amount not in excess of the difference between the maximum rent or legal
     7  regulated rent and the amount specified in such order,  as  adjusted  by
     8  any other provision of this section.
     9    (d)  (1)  Provided,  however,  that in a city with a population of one
    10  million or more, a head  of  the  household  who  has  received  a  rent
    11  increase exemption order that has expired and who, upon renewal applica-
    12  tion  for  the  period  commencing immediately after such expiration, is
    13  determined to be ineligible for a rent increase exemption order  because
    14  the  combined income of all members of the household exceeds the maximum
    15  amount allowed by this section or the maximum rent  or  legal  regulated
    16  rent  does  not  exceed [one-third] one-fourth of the combined income of
    17  all members of the household, may submit a new  application  during  the
    18  following  calendar  year,  and if such head of the household receives a
    19  rent increase exemption order that commences during such calendar  year,
    20  the  tax  abatement amount for such order shall be calculated as if such
    21  prior rent increase exemption order had not  expired.  However,  no  tax
    22  abatement benefits may be provided for the period of ineligibility.
    23    (2) No head of the household may receive more than three rent increase
    24  exemption  orders calculated as if a prior rent increase exemption order
    25  had not expired, as described in subparagraph one of this paragraph.
    26    (3) where the head of the household does not receive a monthly  allow-
    27  ance  for  shelter  pursuant  to  the social services law, the amount by
    28  which the maximum rent or legal regulated rent of the subsequent  dwell-
    29  ing  unit  exceeds  [one-third] one-fourth of the combined income of all
    30  members of the household, except that this subparagraph shall not  apply
    31  to  a  head  of  the  household  who  has  been  granted a rent increase
    32  exemption order that is in effect as  of  January  first,  two  thousand
    33  fifteen or takes effect on or before July first, two thousand fifteen.
    34    § 2.  This act shall take effect immediately; provided that the amend-
    35  ments  to section 467-b of the real property tax law made by section one
    36  of this act shall not affect the expiration of such  section  and  shall
    37  expire therewith.
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