senate Bill S1224

Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO AGING
  • 14 / Mar / 2011
    • 1ST REPORT CAL.212
  • 15 / Mar / 2011
    • 2ND REPORT CAL.
  • 16 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO AGING

Summary

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

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Bill Details

See Assembly Version of this Bill:
A1526
Versions:
S1224
Legislative Cycle:
2011-2012
Current Committee:
Senate Aging
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง467-b, RPT L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1742A, A1260A
2007-2008: S2659, A5344

Votes

8
0
8
Aye
0
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S1224

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Makes rent re-determinations under
the Senior Citizen Rent Increase Exemption Program (SCRIE) and the
Disability Rent Increase Exemption Program (DRIE) retroactive to the
time of the decrease in income of the household.

SUMMARY OF SPECIFIC PROVISIONS:
This bill will amend subdivision g of
section 467-b(3) of the real property tax law by adding the following
language: when a re-determination of the adjusted rent has been made
pursuant to this paragraph, such re-determination shall be made
retroactive to the date there was a permanent decrease in the
combined income of all members of the household.

JUSTIFICATION:
The SCRIE and DRIE programs provide exemption for low
income senior citizen and disabled tenants from certain rent
increases. Senior citizens and disabled citizens who lose an income
earning spouse and have been benefiting from the SCRIE or DRIE
programs, are entitled to a redetermination of their rent based on
their now lower income. Unfortunately, because the re-determination
process takes time, widowed seniors or persons with disabilities may
be left paying a higher rent than they can now afford. This
legislation makes the lower re-determined rent retroactive to the
date of the loss of income, allowing widowed, low income seniors or
persons with disabilities to maintain their apartments.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately; provided that
the amendments to section 467-b of the real property tax law made by
this section shall not affect the expiration of such section pursuant
to section 17 of chapter 576 of the laws of 1974, as amended, and
shall be deemed to expire therewith.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1224

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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:

  Section  1.  Paragraph g of subdivision 3 of section 467-b of the real
property tax law, as amended by section 1 of chapter 188 of the laws  of
2005, is amended to read as follows:
  g. notwithstanding any other provision of law to the contrary, where a
head  of  the household holds a current, valid tax abatement certificate
and, after the effective date of this paragraph, there  is  a  permanent
decrease  in  the  combined income of all members of the household in an
amount which exceeds twenty percent of such  income  as  represented  in
such  head of the household's last approved application for a tax abate-
ment certificate or for renewal thereof, such head of the household  may
apply for a redetermination of the amount set forth therein. Upon appli-
cation,  such  amount  shall  be  redetermined so as to re-establish the
ratio of adjusted rent to income which existed at the time  of  approval
of  such  head  of  the household's last application for a tax abatement
certificate or for renewal thereof; provided, however, that in no  event
shall  the  amount of the adjusted rent be redetermined to be (i) in the
case of a head of the household who does not receive a monthly allowance
for shelter pursuant to the social services law, less than one-third  of
the combined income of all members of the household; or (ii) in the case
of  a head of the household who receives a monthly allowance for shelter
pursuant to the social services law, less than the maximum allowance for
shelter which such head of the household is entitled to receive pursuant
to such law.  WHEN A REDETERMINATION OF THE ADJUSTED RENT HAS BEEN  MADE
PURSUANT  TO THIS PARAGRAPH, SUCH REDETERMINATION SHALL BE MADE RETROAC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04817-01-1

S. 1224                             2

TIVE TO THE DATE ON WHICH THERE WAS A PERMANENT DECREASE IN THE COMBINED
INCOME OF ALL MEMBERS OF THE HOUSEHOLD. For purposes of this  paragraph,
a  decrease in the combined income of all members of the household shall
not  include  any  decrease  in such income resulting from the manner in
which income is calculated pursuant to any amendment to paragraph  c  of
subdivision  one  of this section made on or after April first, nineteen
hundred eighty-seven. For purposes of this  paragraph,  "adjusted  rent"
shall  mean  maximum  rent  or  legal regulated rent less the amount set
forth in a tax abatement certificate.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section  467-b of the real property tax law made by
section one of this act shall not affect the expiration of such  section
pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
and shall be deemed to expire therewith.

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