senate Bill S398A

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

See Assembly Version of this Bill:
A8625
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, S3539A

Sponsor Memo

BILL NUMBER:S398A

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 §457-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; and

* the DRIE eligibility criteria for disabled veterans is categorical
eligibility based on receipt of benefits from the Veteran's
Administration 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);

* the eligibility criteria for individuals who receive Supplemental
Security Income (SSI), and do not fit into either of the previous
categories, is unchanged.

The bill also specifies that this expansion of DRIE eligibility is a
local option so that a locality is not required to implement this
enhanced eligibility if they choose not to do so. However, this
legislation would permit any locality to adopt this enhanced
eligibility including localities in which a DRIE program already
exists.

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 $29,000 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 $29,000), 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
(BWEs)- 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 8S1 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.

LEGISLATIVE HISTORY:
2010: A.1062-A Reported to Ways and Means; S.3539-A Passed Senate
2009: A.1062-A Referred to Aging; S.3539 Ordered to Third Reading
2008: A.7244 Passed Assembly; S.1681 Referred to Aging
2007: A.7244 Passed Assembly; S.1681 Referred to Aging
2006: A.8972-A Passed Assembly; S.5802-B Referred to Rules
2005: A.8972 Referred to Aging; S.5802-A Referred to Rules

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--A

                       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  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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. Paragraph 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, is amended to read as follows:
  b. (1) for a dwelling unit where the head of the  household  qualifies
as  a  person  with  a  disability  pursuant to subdivision 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 household would not be
eligible to receive cash supplemental  security  income  benefits  under
federal law during such tax year[.]; OR
  (2) (I) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF CASH SUPPLEMENTAL SECURITY
INCOME PURSUANT TO SUBDIVISION 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 HOUSEHOLD WOULD NOT BE ELIGIBLE  TO  RECEIVE  CASH  SUPPLE-
MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
  (II)  FOR  A  DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
PERSON WITH A DISABILITY DUE TO RECEIPT OF  SOCIAL  SECURITY  DISABILITY
INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION
OF  DISABILITY  AS  PROVIDED  IN  SECTION THREE HUNDRED SIXTY-SIX OF THE
SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION 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  TWENTY-NINE  THOUSAND
DOLLARS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01055-05-1

S. 398--A                           2

  (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
VETERANS  AFFAIRS  PURSUANT  TO SUBDIVISION 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 HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
FEDERAL LAW DURING SUCH TAX YEAR; AND
  (IV) 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.
  PROVIDED  THAT  A  MUNICIPALITY  SHALL  NOT BE REQUIRED TO ENACT A NEW
LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER  PUBLIC  HEARING  PURSUANT  TO
SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
A  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARA-
GRAPH  AND  THE  MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH
ONE OF THIS PARAGRAPH.
  S 2. Paragraph b of subdivision 3 of section 467-b of the real proper-
ty tax law, as amended by section 2 of chapter 188 of the laws of  2005,
is amended to read as follows:
  b.  (1)  for a dwelling unit where the head of the household qualifies
as a person with a disability  pursuant  to  subdivision  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 benefits under federal  law
during such tax year[.]; OR
  (2)(I)  FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
PERSON WITH A DISABILITY DUE TO RECEIPT OF  CASH  SUPPLEMENTAL  SECURITY
INCOME  PURSUANT  TO  SUBDIVISION 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  HOUSEHOLD  WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLE-
MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
  (II) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD  QUALIFIES  AS  A
PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF SOCIAL SECURITY DISABILITY
INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION
OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION 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 TWENTY-NINE THOUSAND
DOLLARS;
  (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS PURSUANT TO SUBDIVISION 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 HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
FEDERAL LAW DURING SUCH TAX YEAR; AND

S. 398--A                           3

  (IV) 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.
  PROVIDED  THAT  A  MUNICIPALITY  SHALL  NOT BE REQUIRED TO ENACT A NEW
LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER  PUBLIC  HEARING  PURSUANT  TO
SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
A  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARA-
GRAPH  AND  THE  MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH
ONE OF THIS PARAGRAPH.
  S 3. 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.  (1)  "Person  with  a  disability"  means (I) 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 eligible 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
  (II)  whose  income for the current income tax year, together with the
income of all members of such individual's household,  does  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.
  (2)  IF  THE  GOVERNING  BOARD OF A MUNICIPALITY FURTHER ADOPTS, AFTER
PUBLIC HEARING, A LOCAL LAW, ORDINANCE, OR RESOLUTION:
  (I) THE INCOME FOR THE CURRENT TAX YEAR, TOGETHER WITH THE  INCOME  OF
ALL  MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL CURRENTLY
RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSIST-
ANCE BENEFITS BASED ON A DETERMINATION  OF  DISABILITY  AS  PROVIDED  IN
SECTION  THREE  HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, MAY 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, BUT MAY NOT EXCEED TWENTY-NINE THOUSAND DOLLARS;
  (II) THE INCOME FOR THE CURRENT INCOME TAX  YEAR,  TOGETHER  WITH  THE
INCOME  OF ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL
WHO IS CURRENTLY RECEIVING DISABILITY PENSION OR DISABILITY COMPENSATION
BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF  VETERANS  AFFAIRS,
MAY 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, BUT MAY NOT EXCEED THE  MAXIMUM  INCOME  AT  WHICH
SUCH  INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH DISABILITY PENSION OR
DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
  S 4. 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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