senate Bill S398

Amended

Relates to providing a rent increase exemption to persons with disabilities

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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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  • 05 / Jan / 2011
    • REFERRED TO AGING
  • 19 / May / 2011
    • AMEND AND RECOMMIT TO AGING
  • 19 / May / 2011
    • PRINT NUMBER 398A
  • 04 / Jan / 2012
    • REFERRED TO AGING

Summary

Relates to providing a rent increase exemption to persons with disabilities.

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Bill Details

Versions:
S398
S398A
Legislative Cycle:
2011-2012
Current Committee:
Senate Aging
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§467-b & 467-c, RPT L
Versions Introduced in 2009-2010 Legislative Cycle:
S3539A

Sponsor Memo

BILL NUMBER:S398

TITLE OF BILL:
An act
to amend the real property tax law, in relation to providing a rent
increase exemption to persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL:
To simplify the application process for the Disability Rent Increase
Exemption (DRIE) program by providing for an income limit similar to
that currently used for the Senior citizen Rent Increase Exemption
(SCRIE) program.

SUMMARY OF SPECIFIC PROVISIONS:
Amends-§467-b and §467-C of the Real Property Tax law to provide that
the DRIE income limit for persons who receive either Social. Security
Disability Insurance (SSDI) or disability related Medicaid is the
same as the income limit for SCRIE applicants.

Additional amendments to sections 467-15 and 467-c of Real Property
Tax Law provide that the DRIE eligibility criteria for disabled
veterans is the same as that currently provided for supplemental
Security Income (881) recipients.
The bill specifies that disabled veterans are eligible for the DRlE
program if they meet the other criteria for eligibility (must live in
a rent regulated apartment and pay one--third or more of their income
for rent).

JUSTIFICATION:
In 2005, the Legislature acted to expand the SCRIE program to disabled
New Yorkers. SCRIE freezes rents for seniors living in rent-regulated
housing with incomes below $25,000 per year who pay one-third or more
of their income for rent. Landlords are compensated for the full
amount of the foregone rent through refundable real property tax
abatements. Starting October 10, 2005, disabled New Yorkers became
eligible for the new benefit, commonly referred to as DRIE. The DRIE
program is designed to work the same way as SCRIE, however the income
limits for DRIE vary making it difficult for consumers to know if
they meet the eligibility criteria.

While the SCRIE program uses an income limit regardless of household
size (recently increased to $25(000), the DRIE program income limit
varies depending on household size. In addition, the current DRIE
application process is more complex as applicants must factor in
impairment related work expenses (IRWES), or blind work expenses
(EWES) in order to determine their income. Such expenses include
attendant care, transportation, medical devices, prostheses,
work-related equipment and assistants, residential modifications,
medications and medical services, diagnostic procedures, and
non-medical appliances and devices. Under this legislation, applicants
would no longer need to determine these expenses.

This legislation also simplifies the application process by allowing
disabled veterans, provided they meet any of the eligibility
criteria, to be categorically eligible just as 581 recipients are
now. While 94% of disabled veterans are already eligible for the


program, the remaining 6% that will become eligible by this
legislation are those which are severely disabled and therefore
receive higher disability compensation.

FISCAL IMPLICATIONS:
Negligible.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that the amendments to section
467-b of the real property tax law made by section one of this act
shall be subject to the expiration and reversion of such section
pursuant to section 17 of chapter 576 of the laws of 1974, as
amended, when upon such date the provisions of section two of this
act shall take effect.

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

                                   398

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KRUEGER, ADDABBO, DUANE, MONTGOMERY, PERKINS, SERRA-
  NO -- 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 providing a
  rent increase exemption to persons with disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs a and b 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, paragraph a as separately amended by chapter  205  of  the
laws of 2005, are amended to read as follows:
  a.  for  a  dwelling  unit where the head of the household is a person
sixty-two years of age or older,  OR  IS  A  PERSON  WITH  A  DISABILITY
RECEIVING  SOCIAL  SECURITY  DISABILITY  INSURANCE  (SSDI)  OR CURRENTLY
RECEIVING MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION OF DISABIL-
ITY AS PROVIDED  IN  SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE  SOCIAL
SERVICES  LAW  AS  DEFINED  IN  SUBDIVISION FIVE OF THIS SECTION, no tax
abatement shall be granted if the combined income of all members of  the
household  for  the  income  tax  year immediately preceding the date of
making application exceeds four thousand dollars, or such other sum  not
more  than  twenty-five thousand dollars beginning July first, two thou-
sand five, twenty-six thousand dollars beginning July first,  two  thou-
sand  six, twenty-seven thousand dollars beginning July first, two thou-
sand seven, twenty-eight thousand  dollars  beginning  July  first,  two
thousand  eight,  and twenty-nine thousand dollars beginning July first,
two thousand nine, as may be provided by the  local  law,  ordinance  or
resolution adopted pursuant to this section, provided that when the head
of the household retires before the commencement of such income tax year
and  the date of filing the application, the income for such year may be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01055-01-1

S. 398                              2

adjusted by excluding salary or  earnings  and  projecting  his  or  her
retirement income over the entire period of such year.
  b.  (1)  for a dwelling unit where the head of the household qualifies
as a person with a disability  RECEIVING  SUPPLEMENTAL  SECURITY  INCOME
(SSI)  BENEFITS UNDER THE FEDERAL SOCIAL SECURITY ACT pursuant to subdi-
vision five of this section, no tax abatement shall be  granted  if  the
combined  income for all members of the household for the current income
tax year exceeds the maximum income above which such head of the  house-
hold  would not be eligible to receive cash supplemental security income
benefits under federal law during such tax year.  PROVIDED THAT WHEN THE
HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF SUCH INCOME TAX
YEAR AND THE DATE OF FILING THE APPLICATION, THE INCOME  FOR  SUCH  YEAR
MAY  BE  ADJUSTED  BY EXCLUDING SALARY OR EARNINGS AND PROJECTING HIS OR
HER RETIREMENT INCOME OVER THE ENTIRE PERIOD OF SUCH YEAR.
  (2) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS A
PERSON WITH A DISABILITY  RECEIVING  DISABILITY  PENSION  OR  DISABILITY
COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF VETER-
ANS  AFFAIRS PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATE-
MENT SHALL BE GRANTED IF THE COMBINED INCOME  FOR  ALL  MEMBERS  OF  THE
HOUSEHOLD  FOR  THE  CURRENT  INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME
ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
CASH DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER FEDER-
AL  LAW  DURING SUCH TAX YEAR. PROVIDED THAT WHEN THE HEAD OF THE HOUSE-
HOLD RETIRES BEFORE THE COMMENCEMENT OF SUCH INCOME  TAX  YEAR  AND  THE
DATE OF FILING THE APPLICATION, THE INCOME FOR SUCH YEAR MAY BE ADJUSTED
BY  EXCLUDING  SALARY  OR  EARNINGS AND PROJECTING HIS OR HER RETIREMENT
INCOME OVER THE ENTIRE PERIOD OF SUCH YEAR.
  S 2. Paragraphs a and b of subdivision 3 of section 467-b of the  real
property  tax law, as amended by section 2 of chapter 188 of the laws of
2005, are amended to read as follows:
  a. for a dwelling unit where the head of the  household  is  a  person
sixty-two  years  of  age  or  older,  OR  IS A PERSON WITH A DISABILITY
RECEIVING SOCIAL  SECURITY  DISABILITY  INSURANCE  (SSDI)  OR  CURRENTLY
RECEIVING MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION OF DISABIL-
ITY  AS  PROVIDED  IN  SECTION  THREE  HUNDRED  SIXTY-SIX  OF THE SOCIAL
SERVICES LAW AS DEFINED IN SUBDIVISION FIVE  OF  THIS  SECTION,  no  tax
abatement  shall be granted if the combined income of all members of the
household for the income tax year  immediately  preceding  the  date  of
making application exceeds three thousand dollars, or such other sum not
more  than  five  thousand  dollars as may be provided by the local law,
ordinance or resolution adopted pursuant to this section, provided  that
when  the  head of the household retires before the commencement of such
year and the date of filing the application, the income  for  such  year
may  be  adjusted  by  excluding  salary  or earnings and projecting his
retirement income over the entire period of such year.
  b. (1) for a dwelling unit where the head of the  household  qualifies
as  a  person  with  a disability RECEIVING SUPPLEMENTAL SECURITY INCOME
(SSI) BENEFITS UNDER THE FEDERAL SOCIAL SECURITY ACT pursuant to  subdi-
vision  five  of  this section, no tax abatement shall be granted if the
combined income for all members of the household for the current  income
tax  year exceeds the maximum income at which such head of the household
would not be eligible to receive cash supplemental security income bene-
fits under federal law during such tax year.   PROVIDED  THAT  WHEN  THE
HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF SUCH INCOME TAX
YEAR  AND  THE  DATE OF FILING THE APPLICATION, THE INCOME FOR SUCH YEAR

S. 398                              3

MAY BE ADJUSTED BY EXCLUDING SALARY OR EARNINGS AND  PROJECTING  HIS  OR
HER RETIREMENT INCOME OVER THE ENTIRE PERIOD OF SUCH YEAR.
  (2) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS A
PERSON  WITH  A  DISABILITY  RECEIVING  DISABILITY PENSION OR DISABILITY
COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF VETER-
ANS AFFAIRS PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX  ABATE-
MENT  SHALL  BE  GRANTED  IF  THE COMBINED INCOME FOR ALL MEMBERS OF THE
HOUSEHOLD FOR THE CURRENT INCOME TAX YEAR  EXCEEDS  THE  MAXIMUM  INCOME
ABOVE  WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE
CASH DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER FEDER-
AL LAW DURING SUCH TAX YEAR. PROVIDED THAT WHEN THE HEAD OF  THE  HOUSE-
HOLD  RETIRES  BEFORE  THE  COMMENCEMENT OF SUCH INCOME TAX YEAR AND THE
DATE OF FILING THE APPLICATION, THE INCOME FOR SUCH YEAR MAY BE ADJUSTED
BY EXCLUDING SALARY OR EARNINGS AND PROJECTING  HIS  OR  HER  RETIREMENT
INCOME OVER THE ENTIRE PERIOD OF SUCH YEAR.
  S 3. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, is amended to read as follows:
  d. "Eligible  head  of the household" means (1) a person or his or her
spouse who is sixty-two years of age or older, OR IS  A  PERSON  WITH  A
DISABILITY  RECEIVING  SOCIAL  SECURITY  DISABILITY  INSURANCE (SSDI) OR
CURRENTLY RECEIVING MEDICAL ASSISTANCE BENEFITS BASED  ON  DETERMINATION
OF  DISABILITY  AS  PROVIDED  IN  SECTION THREE HUNDRED SIXTY-SIX OF THE
SOCIAL SERVICES LAW AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION,  and
is  entitled to the possession or to the use and occupancy of a dwelling
unit, provided, however, with respect to a dwelling which was subject to
a mortgage insured or initially insured by the federal government pursu-
ant to section two hundred thirteen of  the  National  Housing  Act,  as
amended "eligible head of the household" shall be limited to that person
or his or her spouse who was entitled to possession or the use and occu-
pancy of such dwelling unit at the time of termination of such mortgage,
and  whose  income when combined with the income of all other members of
the household, does not exceed six thousand five hundred dollars for the
taxable period, or such other  sum  not  less  than  sixty-five  hundred
dollars nor more than twenty-five thousand dollars beginning July first,
two thousand five, twenty-six thousand dollars beginning July first, two
thousand  six,  twenty-seven  thousand dollars beginning July first, two
thousand seven, twenty-eight thousand dollars beginning July first,  two
thousand  eight,  and twenty-nine thousand dollars beginning July first,
two thousand nine, as may be provided by local law; or (2) a person with
a disability as defined in this subdivision.
  S 4. Paragraph m of subdivision 1 of section 467-c of the real proper-
ty tax law, as added by chapter 188 of the laws of 2005, is  amended  to
read as follows:
  m.  "Person  with  a  disability" means an individual who is currently
receiving social security disability insurance  (SSDI)  or  supplemental
security  income (SSI) benefits under the federal social security act or
disability pension or disability compensation benefits provided  by  the
United  States department of veterans affairs or those previously eligi-
ble by virtue of receiving disability benefits  under  the  supplemental
security  income  program  or the social security disability program and
currently receiving medical assistance benefits based  on  determination
of  disability  as  provided  in  section three hundred sixty-six of the
social services law [and whose]. PROVIDED, HOWEVER,  FOR  AN  INDIVIDUAL
WHO  IS CURRENTLY RECEIVING SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS,
income for the current income tax year, together with the income of  all

S. 398                              4

members  of  such  individual's  household,  [does] SHALL not exceed the
maximum income at which such individual would  be  eligible  to  receive
cash supplemental security income benefits under federal law during such
tax year.  PROVIDED, FURTHER, FOR AN INDIVIDUAL WHO IS CURRENTLY RECEIV-
ING  DISABILITY  PENSION OR DISABILITY COMPENSATION BENEFITS PROVIDED BY
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, INCOME FOR THE CURRENT
INCOME TAX YEAR, TOGETHER WITH THE INCOME OF ALL MEMBERS OF  SUCH  INDI-
VIDUAL'S  HOUSEHOLD,  SHALL  NOT EXCEED THE MAXIMUM INCOME AT WHICH SUCH
INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH DISABILITY PENSION OR DISA-
BILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided  that  the  amendments  to  section
467-b of the real property tax law made by section one of this act shall
be  subject  to the expiration and reversion of such section pursuant to
section 17 of chapter 576 of the laws of 1974,  as  amended,  when  upon
such date the provisions of section two of this act shall take effect.

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