senate Bill S6591A

Relates to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or 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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actions

  • 01 / Mar / 2012
    • REFERRED TO AGING
  • 18 / Apr / 2012
    • AMEND AND RECOMMIT TO AGING
  • 18 / Apr / 2012
    • PRINT NUMBER 6591A
  • 14 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 19 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1360
  • 19 / Jun / 2012
    • SUBSTITUTED BY A9223A

Summary

Relates to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities; relates to providing notice to those eligible of the need for reapplication.

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Bill Details

See Assembly Version of this Bill:
A9223A
Versions:
S6591
S6591A
Legislative Cycle:
2011-2012
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง467-b, RPT L

Votes

11
0
11
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S6591A

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:
This bill would require municipalities that have the senior citizen
rent increase exemption (SCRIE) and disabled rent increase exemption
(DRIE) program to make sure that individuals receiving the benefit
under the DRIE eligibility is transitioned to the SCRIE program
seamlessly upon reaching the appropriate age.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This bill has two main parts that would:

* Require the municipality to develop a system to ensure that DRIE
participants are seamlessly transitioned to the SCRIE program once
they reach the appropriate age; and

* Clarify that no eligibility criteria may be used by a municipality
in administering the SCRIE/DRIE program except those expressly
included in the statute.

JUSTIFICATION:
While the benefit for the SCRIE/DRIE program is identical regardless
of whether you qualify as a senior or a person with a disability, the
income eligibility levels are not. When an individual who has been
receiving the DRIE benefit becomes a senior they should be
transitioned to the SCRIE program. The income eligibility levels for
SCRIE are higher than for DRIE and so there is no need for seniors to
go through the process of reaffirming their proof of disability in
these circumstances.

In addition, there have been incidents where eligibility criteria were
used to exclude eligible seniors from SCRIE that are not allowed
under the SCRIE/DRIE statute. Though the courts have struck down
these attempts to prevent eligible individuals from obtaining the
benefit, it is also important to close the perceived loophole. With
this clarification there can be no confusion regarding what is an
acceptable eligibility criteria.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

                                 6591--A

                            I N  S E N A T E

                              March 1, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 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. Subdivision 5 of section 467-b of the real property tax law
is amended by adding two new paragraphs c and d to read as follows:
  C. THE ENTITY THAT ADMINISTERS THE  TAX  ABATEMENT  PURSUANT  TO  THIS
SECTION  SHALL  DEVELOP  A  SYSTEM  TO ENSURE THAT PARTICIPANTS THAT ARE
ELIGIBLE FOR THIS TAX ABATEMENT  PROGRAM  PURSUANT  TO  PARAGRAPH  B  OF
SUBDIVISION  THREE  OF  THIS  SECTION  AND  SUBSEQUENTLY BECOME ELIGIBLE
PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION, SHALL HAVE
TIMELY NOTICE OF THE NEED TO  REAPPLY  FOR  THE  TAX  ABATEMENT  PROGRAM
DURING  THE  FIRST  REAPPLICATION  PERIOD  AFTER MEETING THE ELIGIBILITY
CRITERIA OF PARAGRAPH A OF SUBDIVISION THREE OF  THIS  SECTION  AND  FOR
EVERY  REAPPLICATION  THEREAFTER  BASED ON THEIR ELIGIBILITY PURSUANT TO
PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION.
  D. AN ENTITY ADMINISTERING THIS PROGRAM SHALL NOT CONSIDER ANY  ELIGI-
BILITY  CRITERIA  THAT  ARE NOT CONTAINED IN THIS SECTION IN DETERMINING
WHETHER TO APPROVE OR DENY AN APPLICATION FOR THE TAX ABATEMENT PROGRAM.
  S 2. This act shall take effect immediately, provided that the  amend-
ments  to  subdivision  5  of section 467-b of the real property tax law
made by section one of this act shall  not  affect  the  expiration  and
reversion of such section and shall be deemed to expire therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14359-03-2

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