senate Bill S7057

Amended

Relates to outreach, status and time limits relating to the tax abatement program

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Sponsor

Co-Sponsors

Bill Status


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

  • 23 / Apr / 2014
    • REFERRED TO AGING
  • 13 / May / 2014
    • 1ST REPORT CAL.641
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • AMENDED ON THIRD READING 7057A
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 7057B
  • 18 / Jun / 2014
    • SUBSTITUTED BY A1859B

Summary

Relates to outreach, status and time limits relating to the tax abatement program for rent-controlled and rent-regulated property occupied by senior citizens or persons with disabilities.

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Bill Details

Versions:
S7057
S7057A
S7057B
Legislative Cycle:
2013-2014
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง467-b, RPT L
Versions Introduced in 2011-2012 Legislative Cycle:
S6592

Votes

8
0
8
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S7057

TITLE OF BILL: An act to amend the real property tax law, in relation
to outreach, status and time limits relating to the tax abatement
program 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 conduct outreach in the community to ensure
individuals who may be eligible are aware that they can apply. This
bill would also require implementation of a mechanism for applicants
and participants to determine the status of their exemptions and would
set time limits within which the municipal agency operating the
program must respond to applicants and participants when forms are
submitted.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. This section has three main parts that would:

*Require a municipality operating the SCRIE/DRIE program to implement
a program of outreach initiatives in the community to encourage
individuals who may be eligible to apply for the program;

*Require the development of a mechanism applicants and participants
could use to determine the status of their exemptions and any forms
they have filed; and

*Set specific time limits within which the municipal agency operating
the SCRIE/DRIE program would be required to act. The agency would be
required to send an acknowledgement of the receipt of a form within
three days of receiving the form. The agency then would have thirty
days to act on the form by either approving or rejecting the form or
requesting further information. If a request for further information
were issued, the agency would have fifteen days to act on the form
once the additional information was received.

Section 2. Effective Date

JUSTIFICATION:

SCRIE is an extremely important benefit for seniors and persons with
disabilities living on fixed incomes when costs are rising for
everything from housing to medications to food. Unfortunately, many
seniors and persons with disabilities who could be receiving a break
on their rent through this program do not even know it exists. It is
very important that we get the word out so that those who need the
benefit can apply.

Also, time and again we hear that applicants don't know the status of
their applications as they wait for months or send in multiple
applications in the hopes of hearing back. Participants also have
problems with their renewals being delayed and their rent in danger of
skyrocketing. A simple system to check the status of an abatement or


form filed is important to make sure things are not lost and to avoid
confusion.

One of the most egregious situations faced by applicants and
participants is waiting months to hear anything back regarding their
paperwork. Many individuals face rent increases because applications
are not processed in a timely fashion. Time restrictions are necessary
to make sure applicants and participants aren't waiting six months or
more just to find out the status of their paperwork.

PRIOR LEGISLATIVE HISTORY:

S.6592/2012, A.9205/2012

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
________________________________________________________________________

                                  7057

                            I N  S E N A T E

                             April 23, 2014
                               ___________

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  outreach,
  status and time limits relating to the tax abatement program 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.  Section  467-b of the real property tax law is amended by
adding three new subdivisions 10, 11 and 12 to read as follows:
  10. AN ENTITY THAT ADMINISTERS THE TAX ABATEMENT PROGRAM  PURSUANT  TO
THIS  SECTION  SHALL  IMPLEMENT  AND  ADMINISTER A PROGRAM THAT DEVELOPS
OUTREACH INITIATIVES TO IDENTIFY INDIVIDUALS WHO  MEET  THE  ELIGIBILITY
CRITERIA  FOR THE TAX ABATEMENT PROGRAM WHO ARE NOT PARTICIPATING IN THE
PROGRAM AND ENSURE THAT THEY HAVE INFORMATION REGARDING THE  TAX  ABATE-
MENT  PROGRAM.    SUCH  OUTREACH  PROGRAM  MAY INCLUDE, BUT SHALL NOT BE
LIMITED TO,  MAILINGS,  ADVERTISEMENTS,  PUBLIC  SERVICE  ANNOUNCEMENTS,
LITERATURE  DISSEMINATION,  INTERNET TECHNOLOGY, SOCIAL MEDIA, COMMUNITY
OUTREACH, AND PARTNERSHIPS WITH OTHER MUNICIPAL ENTITIES  AND  AGENCIES.
AN  ENTITY  THAT  ADMINISTERS THE TAX ABATEMENT PROGRAM MAY CONSULT WITH
ANY OTHER PERSON OR ENTITY DEEMED  PERTINENT  TO  DEVELOP  THE  OUTREACH
INITIATIVE.
  11. ANY MUNICIPALITY THAT ADOPTS A LOCAL LAW, RESOLUTION, OR ORDINANCE
PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION SHALL DEVELOP A PROGRAM TO
ALLOW APPLICANTS AND PARTICIPANTS TO ASCERTAIN THE  STATUS  OF  ANY  TAX
ABATEMENT  OR  THE STATUS OF ANY FORM THAT HAS BEEN FILED BY SUCH APPLI-
CANT OR PARTICIPANT ON THE APPLICANT OR PARTICIPANT'S BEHALF PURSUANT TO
THIS SECTION. SUCH PROGRAM  SHALL  INCLUDE  PROVISIONS  TO  ENSURE  THAT
APPLICANTS  AND  PARTICIPANTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH, WHO
MAY HAVE COMMUNICATION RESTRICTIONS DUE TO PARTIAL OR  TOTAL  BLINDNESS,
DEAFNESS,  SPEECH  IMPEDIMENT,  OR COGNITIVE IMPAIRMENT, AND/OR WHO LACK
ACCESS TO THE INTERNET MAY ASCERTAIN SUCH STATUS.
  12. A. WITHIN THREE  DAYS  OF  RECEIVING  ANY  FORM  FOR  APPLICATION,
RENEWAL,  OR  ADJUSTMENT  OF  ABATEMENT FOR THE TAX ABATEMENT PROGRAM, A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02002-01-3

S. 7057                             2

LETTER ACKNOWLEDGING RECEIPT OF SUCH FORM SHALL BE SENT  TO  THE  APPLI-
CANT. SUCH LETTER SHALL INCLUDE THE DATE THE FORM WAS RECEIVED.
  B.  WITHIN  THIRTY  DAYS  OF  THE RECEIPT OF AN APPLICATION OR RENEWAL
APPLICATION FROM AN APPLICANT,  THE  ENTITY  THAT  ADMINISTERS  THE  TAX
ABATEMENT  PROGRAM  SHALL APPROVE THE APPLICATION OR RENEWAL APPLICATION
FOR THE TAX ABATEMENT PROGRAM, DENY THE APPLICATION OR RENEWAL  APPLICA-
TION  FOR  THE  TAX ABATEMENT PROGRAM, OR REQUEST FURTHER INFORMATION OR
DOCUMENTATION FROM THE APPLICANT. IF  A  REQUEST  IS  MADE  FOR  FURTHER
INFORMATION OR DOCUMENTATION, THE ENTITY THAT ADMINISTERS THE TAX ABATE-
MENT  PROGRAM SHALL HAVE FIFTEEN DAYS AFTER SUCH INFORMATION OR DOCUMEN-
TATION REQUESTED IS RECEIVED BY THE ENTITY TO EITHER APPROVE OR DENY THE
APPLICATION OR RENEWAL APPLICATION.
  C. WITHIN THIRTY DAYS OF ANY FORM OTHER THAN AN APPLICATION OR RENEWAL
APPLICATION FORM FROM AN APPLICANT,  THE  ENTITY  THAT  ADMINISTERS  THE
PROGRAM SHALL ACT ON SUCH FORM.
  D.  WITHIN  THREE  DAYS  OF  APPROVING  OR REJECTING AN APPLICATION OR
RENEWAL APPLICATION PURSUANT TO  PARAGRAPH  B  OF  THIS  SUBDIVISION  OR
ACTING  UPON ANY OTHER FORM PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION,
A WRITTEN NOTIFICATION SHALL BE SENT TO THE  INDIVIDUAL  WHO  MADE  SUCH
APPLICATION  OR  RENEWAL  APPLICATION  OR  SENT  SUCH FORM. SUCH WRITTEN
NOTIFICATION SHALL INCLUDE THE ACTION TAKEN BY THE ENTITY  ADMINISTERING
THE TAX ABATEMENT PROGRAM, THE DATE SUCH ACTION WAS TAKEN, WHAT RECOURSE
IS AVAILABLE SHOULD THE INDIVIDUAL BE DISSATISFIED WITH SUCH ACTION, AND
HOW TO PURSUE THE RECOURSE AVAILABLE.
  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
and shall be deemed to expire therewith.

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