Bill Text: NY S02945 | 2019-2020 | General Assembly | Introduced


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 1-0)

Status: (Introduced) 2019-01-31 - REFERRED TO AGING [S02945 Detail]

Download: New_York-2019-S02945-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2945
                               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 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
    21  in  effect  as of January first, two thousand fifteen or takes effect on
    22  or before July first, two thousand fifteen; or (ii) in  the  case  of  a
    23  head  of  the  household  who  receives  a monthly allowance for shelter
    24  pursuant to the social services law, less than the maximum allowance for
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00999-01-9

        S. 2945                             2
     1  shelter which such head of the household is entitled to receive pursuant
     2  to such law.  When a redetermination of the adjusted rent has been  made
     3  pursuant  to this paragraph, such redetermination shall be made retroac-
     4  tive to the date on which there was a permanent decrease in the combined
     5  income  of all members of the household. For purposes of this paragraph,
     6  a decrease in the combined income of all members of the household  shall
     7  not  include  any  decrease  in such income resulting from the manner in
     8  which income is calculated pursuant to any amendment to paragraph  c  of
     9  subdivision  one  of this section made on or after April first, nineteen
    10  hundred eighty-seven. For purposes of this  paragraph,  "adjusted  rent"
    11  shall  mean  maximum  rent  or  legal regulated rent less the amount set
    12  forth in a tax abatement certificate.
    13    § 2. This act shall take effect immediately; provided,  however,  that
    14  the  amendments  to  section  467-b of the real property tax law made by
    15  section one of this act shall not affect the expiration of such  section
    16  pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
    17  and shall be deemed to expire therewith.
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