Bill Text: NY S04555 | 2017-2018 | General Assembly | Introduced


Bill Title: Makes certain tax abatement forms more readily available to seniors and authorizes certain entities to assist in the completion of such forms.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2018-06-13 - SUBSTITUTED BY A6026 [S04555 Detail]

Download: New_York-2017-S04555-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4555
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 17, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- 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 making certain
          tax abatement forms more readily available to seniors and  authorizing
          certain entities to assist in the completion of such forms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 467-b of the real property tax law
     2  is amended by adding a new paragraph g to read as follows:
     3    g. "Supervising agency" shall mean the appropriate rent control agency
     4  or administrative agency designated to administer the tax abatement  for
     5  rent-controlled  and rent regulated property occupied by senior citizens
     6  or persons with disabilities pursuant to a  local  law,  resolution,  or
     7  ordinance passed pursuant to subdivision two of this section.
     8    § 2. Section 467-b of the real property tax law is amended by adding a
     9  new subdivision 3-a to read as follows:
    10    3-a.  The  supervising  agency shall develop and implement a plan that
    11  will increase the ability of applicants and participants to  obtain  and
    12  complete its forms in a community setting. Additionally, the supervising
    13  agency shall make assistance available with respect to the completion of
    14  such forms. Such plan shall include, but not be limited to:
    15    a.  partnering  with  organizations,  where  available, that engage in
    16  outreach and provide supportive services to seniors within the community
    17  to make such forms available to potential applicants and current partic-
    18  ipants, as well as providing assistance with respect to  the  completion
    19  of  such  forms.  Organizations  that  have  contact with seniors in the
    20  community shall include, where applicable, but not be limited to  senior
    21  centers,  community-based  organizations,  community  boards established
    22  pursuant to section twenty-eight hundred of the New York  city  charter,
    23  neighborhood  preservation  companies  established  pursuant  to article
    24  sixteen of the private  housing  finance  law,  and  rural  preservation
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07286-01-7

        S. 4555                             2
     1  corporations  established  pursuant  to article seventeen of the private
     2  housing finance law;
     3    b. partnering with other municipal entities or agencies to disseminate
     4  information  and  forms for the tax abatement program as well as provide
     5  assistance with the completion of such forms;
     6    c. providing training for individuals  in  such  partnering  organiza-
     7  tions,  entities,  and agencies to assist individuals in completing such
     8  forms for the tax abatement program;
     9    d. authorizing organizations, entities, or agencies that offer assist-
    10  ance with forms pursuant to this subdivision to accept  completed  forms
    11  from  applicants  and  participants  and forward them to the supervising
    12  agency. The supervising agency shall treat such forms  as  if  they  had
    13  been received directly from the applicant or participant.
    14    §  3.  Subdivision 4 of section 467-b of the real property tax law, as
    15  amended by chapter 442 of the laws  of  2016,  is  amended  to  read  as
    16  follows:
    17    4.  a. (1) The head of the household must apply every two years to the
    18  appropriate rent control agency  or  administrative  agency  for  a  tax
    19  abatement  certificate  on  a form prescribed by said agency.  Such form
    20  shall be made available to any organization, entity, or agency  partner-
    21  ing  with the supervising agency pursuant to subdivision three-a of this
    22  section. Any completed application received pursuant to paragraph  d  of
    23  subdivision  three-a  of this section shall be treated as if it had been
    24  received directly from the applicant or participant.
    25    (2) Upon the adoption of a local law, ordinance, or resolution by  the
    26  governing  board  of a municipality, any head of household that has been
    27  issued a tax abatement certificate pursuant to  this  section  for  five
    28  consecutive  benefit  periods,  and  whose income and residence have not
    29  changed since their last renewal application, shall be eligible to  file
    30  a  short  form  renewal. Such statement shall be on a form prescribed by
    31  the appropriate rent control agency or administrative agency  and  shall
    32  include  the  following: (i) a sworn statement certifying that such head
    33  of household continues to be eligible to receive  such  certificate  and
    34  that  their  income  and  residence have not changed; and (ii) a certif-
    35  ication to be signed by  the  applicant  stating  that  all  information
    36  contained  in  their  statement  is  true and correct to the best of the
    37  applicant's knowledge and belief and stating that they  understand  that
    38  the willful making of any false statement of material fact therein shall
    39  subject  them to the provisions of law relevant to the making and filing
    40  of false instruments and loss of  their  benefit,  and  that  subsequent
    41  reapplication shall be as a new applicant.
    42    (b)  A tax abatement certificate setting forth an amount not in excess
    43  of the increase in maximum rent or legal regulated rent for the  taxable
    44  period  or  such  other  amount as shall be determined under subdivision
    45  three of this section shall be issued by said agency to each head of the
    46  household who is found to be eligible under this section  on  or  before
    47  the  last  date  prescribed  by  law for the payment of the taxes or the
    48  first installment thereof of any municipal corporation which has granted
    49  an abatement of taxes. Copies of such certificate shall be issued to the
    50  owner of the real property containing the dwelling unit of the  head  of
    51  the  household  and  to  the collecting officer charged with the duty of
    52  collecting the taxes of each municipal corporation which has granted the
    53  abatement of taxes authorized by this section.
    54    § 4. This act shall take effect immediately; provided that the  amend-
    55  ments  to  section  467-b  of the real property tax law made by sections

        S. 4555                             3
     1  one, two and three of this act shall not affect the expiration  of  such
     2  section and shall be deemed to expire therewith.
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