NY State Senate Bill 2015-S3165A

Senate Bill S3165A

2015-2016 Legislative Session

Reduces from one-third to one-fourth of income the applicability of the senior citizens' rent increase exemption

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Archive: Last Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2016	print number 3165a
Jan 27, 2016	amend and recommit to aging
Jan 06, 2016	referred to aging
Feb 03, 2015	referred to aging

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S3165 - Details

See Assembly Version of this Bill:: A10124
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1382
2011-2012: S1786
2013-2014: S644
2017-2018: S5226, A1104
2019-2020: S2944, A1495

2015-S3165 - Summary

Provides that the tax abatements for certain rent-controlled and rent-regulated property occupied by senior citizens commonly known as the senior citizens' rent increase exemption (SCRIE) shall be applicable where the rent constitutes more than one-fourth rather than one-third of the tenant's income.

2015-S3165 - Sponsor Memo

                                BILL NUMBER:S3165

TITLE OF BILL:

An act to amend the real property tax law, in relation to the income
level for the applicability of the senior citizens' rent increase
exemption

PURPOSE OR GENERAL IDEA OF BILL:

Reduces from one-third to one-fourth of income the applicability of
the senior citizen's rent increase exemption.

SUMMARY OF SPECIFIC PROVISIONS:

Subdivision 2 and subparagraph 3 of paragraph d of subdivision 3 of
section 467-b of the real property tax law, subdivision 2 as amended
by chapter 747 of the laws of 1985 and subparagraph 3 of paragraph d
of subdivision 3 as amended by section 1 of chapter 188 of the laws of
2005 are amended.

One of the criteria that must be met in order to be eligible for the
senior citizen's rent increase exemption (SCRIE) deals with household
income. At least one-third of a senior's income must be used for rent
in order to be eligible for SCRIE. This criteria would be lowered to
include seniors who pay at least one-fourth of their income for rent.

JUSTIFICATION:

SCRIE was established in 1979 to allow senior citizens an exemption
from rent increases if specific criteria are met. They must reside in
rent controlled, rent stabilized or Mitchell-Lama housing, be at least
62 years of age, have household incomes of no more than $50,000 (as of
July 1, 2014 per NYC DHCR fact sheet #21) and pay at least one-third
of their income for rent.

The problem lies in the requirement that one-third of household income
be used for rent. Many seniors do not meet that requirement and are
subject to high rents and rent increases. This bill will lower the
requirement to one-fourth and allow more seniors to become eligible
for SCRIE.

PRIOR LEGISLATIVE HISTORY:

This legislation was previously introduced.

FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately; provided that the amendments
made to section 467-b of the real property tax law by section one of
this act shall not affect the expiration of and shall expire
therewith.

2015-S3165 - Bill Text download pdf

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

                                  3165

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- 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  the  income
  level  for  the  applicability  of  the senior citizens' rent increase
  exemption

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

  Section  1.  Subdivision 2 and subparagraph 3 of paragraph d of subdi-
vision 3 of section 467-b of the real property tax law, subdivision 2 as
amended by chapter 747 of the laws of 1985 and subparagraph 3  of  para-
graph  d  of subdivision 3 as amended by section 1 of chapter 188 of the
laws of 2005, are amended to read as follows:
  2.  The governing body of any municipal corporation is hereby  author-
ized  and  empowered  to adopt, after public hearing, in accordance with
the provisions of this section, a local  law,  ordinance  or  resolution
providing  for  the  abatement  of  taxes  of said municipal corporation
imposed on real property containing a dwelling unit as defined herein by
one of the following amounts:
  (a) where the head of the household does not receive a monthly  allow-
ance  for  shelter pursuant to the social services law, an amount not in
excess of that portion of any increase in maximum rent  or  legal  regu-
lated  rent  which  causes  such maximum rent or legal regulated rent to
exceed [one-third] ONE-FOURTH of the combined income of all  members  of
the household; or
  (b)  where  the head of the household receives a monthly allowance for
shelter pursuant to the social services law, an amount not in excess  of
that  portion  of  any  increase in maximum rent or legal regulated rent
which is not covered by the maximum allowance  for  shelter  which  such
person is entitled to receive pursuant to the social services law.
  (3)  where the head of the household does not receive a monthly allow-
ance for shelter pursuant to the social  services  law,  the  amount  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04931-01-5

S. 3165                             2

which  the maximum rent or legal regulated rent of the subsequent dwell-
ing unit exceeds [one-third] ONE-FOURTH of the combined  income  of  all
members of the household.
  S 2.  This act shall take effect immediately; provided that the amend-
ments  made to section 467-b of the real property tax law by section one
of this act shall not affect the expiration of such  section  and  shall
expire therewith.

co-Sponsors

2015-S3165A (ACTIVE) - Details

See Assembly Version of this Bill:: A10124
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1382
2011-2012: S1786
2013-2014: S644
2017-2018: S5226, A1104
2019-2020: S2944, A1495

2015-S3165A (ACTIVE) - Summary

2015-S3165A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3165A

 TITLE OF BILL :

An act to amend the real property tax law, in relation to the income
level for the applicability of the senior citizens' rent increase
exemption

 PURPOSE OR GENERAL IDEA OF BILL :

Reduces from one-third to one-fourth of income the applicability of
the senior citizen's rent increase exemption.

 SUMMARY OF SPECIFIC PROVISIONS :

Subdivision 2 and subparagraph 3 of paragraph d of subdivision 3 of
section 467-b of the real property tax law, subdivision 2 as amended
by chapter 747 of the laws of 1985, paragraph (c) of subdivision 2 as
added and subparagraph 3 of paragraph d of subdivision 3 as amended by
chapter 553 of the laws of 2015 are amended.

One of the criteria that must be met in order to be eligible for the
senior citizen's rent increase exemption (SCRIE) deals with household
income. At least one-third of a senior's income must be used for rent
in order to be eligible for SCRIE. This criteria would be lowered to
include seniors who pay at least one-fourth of their income for rent.

 JUSTIFICATION :

SCRIE was established in 1979 to allow senior citizens an exemption
from rent increases if specific criteria are met. They must reside in
rent controlled, rent stabilized or Mitchell-Lama housing, be at least
62 years of age, have household incomes of no more than $50,000 (as of
July 1, 2014 per NYC DHCR fact sheet #21)and pay at least one-third of
their income for rent.

The problem lies in the requirement that one-third of household income
be used for rent. Many seniors do not meet that requirement and are
subject to high rents and rent increases. This bill will lower the
requirement to one-fourth and allow more seniors to become eligible
for SCRIE.

 PRIOR LEGISLATIVE HISTORY :

This legislation was previously introduced.

 FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately; provided that the amendments
made to section 467-b of the real property tax law by section one of
this act shall not affect the expiration of and shall expire
therewith.

2015-S3165A (ACTIVE) - Bill Text download pdf

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

                                 3165--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced by Sens. STAVISKY, PERKINS -- read twice and ordered printed,
  and  when  printed to be committed to the Committee on Aging -- recom-
  mitted to the Committee on Aging in accordance  with  Senate  Rule  6,
  sec.  8  --  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  the  income
  level  for  the  applicability  of  the senior citizens' rent increase
  exemption

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

  Section  1.  Subdivision 2 and subparagraph 3 of paragraph d of subdi-
vision 3 of section 467-b of the real property tax law, subdivision 2 as
amended by chapter 747 of the laws of 1985, paragraph (c) of subdivision
2 as added and subparagraph 3 of paragraph d of subdivision 3 as amended
by chapter 553 of the laws of 2015, are amended to read as follows:
  2.  The governing body of any municipal corporation is hereby  author-
ized  and  empowered  to adopt, after public hearing, in accordance with
the provisions of this section, a local  law,  ordinance  or  resolution
providing  for  the  abatement  of  taxes  of said municipal corporation
imposed on real property containing a dwelling unit as defined herein by
one of the following amounts:
  (a) where the head of the household does not receive a monthly  allow-
ance  for  shelter pursuant to the social services law, an amount not in
excess of that portion of any increase in maximum rent  or  legal  regu-
lated  rent  which  causes  such maximum rent or legal regulated rent to
exceed [one-third] ONE-FOURTH of the combined income of all  members  of
the household; or
  (b)  where  the head of the household receives a monthly allowance for
shelter pursuant to the social services law, an amount not in excess  of
that  portion  of  any  increase in maximum rent or legal regulated rent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04931-02-6

S. 3165--A                          2

which is not covered by the maximum allowance  for  shelter  which  such
person is entitled to receive pursuant to the social services law.
  (c)  Provided,  however, that in a city of a population of one million
or more, where the head of household has been granted  a  rent  increase
exemption  order  that  is  in  effect as of January first, two thousand
fifteen or takes effect on or before July first, two  thousand  fifteen,
the  amount  determined by paragraph (a) of this subdivision shall be an
amount not in excess of the difference between the maximum rent or legal
regulated rent and the amount specified in such order,  as  adjusted  by
any other provision of this section.
  (3)  where the head of the household does not receive a monthly allow-
ance for shelter pursuant to the social  services  law,  the  amount  by
which  the maximum rent or legal regulated rent of the subsequent dwell-
ing unit exceeds [one-third] ONE-FOURTH of the combined  income  of  all
members  of the household, except that this subparagraph shall not apply
to a head of  the  household  who  has  been  granted  a  rent  increase
exemption  order  that  is  in  effect as of January first, two thousand
fifteen or takes effect on or before July first, two thousand fifteen.
  S 2.  This act shall take effect immediately; provided that the amend-
ments made to section 467-b of the real property tax law by section  one
of  this  act  shall not affect the expiration of such section and shall
expire therewith.

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Senate Bill S3165A

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Aging Committee

Bill Amendments

co-Sponsors

Bill Perkins

2015-S3165 - Details

2015-S3165 - Summary

2015-S3165 - Sponsor Memo

2015-S3165 - Bill Text download pdf

co-Sponsors

Bill Perkins

2015-S3165A (ACTIVE) - Details

2015-S3165A (ACTIVE) - Summary

2015-S3165A (ACTIVE) - Sponsor Memo

2015-S3165A (ACTIVE) - Bill Text download pdf

Comments