senate Bill S7057B

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

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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

  • 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

See Assembly Version of this Bill:
A1859B
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, A9205

Sponsor Memo

BILL NUMBER:S7057B

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 with-
in 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 individ-
uals 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 ten
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 addi-
tional 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 every-
thing 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 impor-
tant 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 applica-
tions 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 partic-
ipants is waiting months to hear anything back regarding their paper-
work. 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--B
    Cal. No. 641

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Aging -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- again amended  and  ordered
  reprinted, retaining its place in the order of third reading

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02002-05-4

S. 7057--B                          2

DEAFNESS, SPEECH IMPEDIMENT, OR COGNITIVE IMPAIRMENT,  AND/OR  WHO  LACK
ACCESS TO THE INTERNET MAY ASCERTAIN SUCH STATUS.
  12. A. WITHIN TEN DAYS OF RECEIVING ANY FORM FOR APPLICATION, RENEWAL,
OR  ADJUSTMENT  OF  ABATEMENT  FOR  THE  TAX ABATEMENT PROGRAM, A LETTER
ACKNOWLEDGING RECEIPT OF SUCH FORM SHALL BE SENT TO THE APPLICANT.  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 THE RECEIPT OF ANY FORM OTHER THAN AN  APPLI-
CATION  OR  RENEWAL  APPLICATION FORM FROM AN APPLICANT, THE ENTITY THAT
ADMINISTERS THE PROGRAM SHALL ACT ON SUCH FORM.
  D. WITHIN TEN 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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