S T A T E O F N E W Y O R K
________________________________________________________________________
1260--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. COLTON, CYMBROWITZ, J. RIVERA, PHEFFER -- Multi-
Sponsored by -- M. of A. COOK, DIAZ, TOWNS -- read once and referred
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. Paragraph g 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:
g. notwithstanding any other provision of law to the contrary, where a
head of the household holds a current, valid tax abatement certificate
and, after the effective date of this paragraph, there is a permanent
decrease in the combined income of all members of the household in an
amount which exceeds twenty percent of such income as represented in
such head of the household's last approved application for a tax abate-
ment certificate or for renewal thereof, such head of the household may
apply for a redetermination of the amount set forth therein. Upon appli-
cation, such amount shall be redetermined so as to re-establish the
ratio of adjusted rent to income which existed at the time of approval
of such head of the household's last application for a tax abatement
certificate or for renewal thereof; provided, however, that in no event
shall the amount of the adjusted rent be redetermined to be (i) in the
case of a head of the household who does not receive a monthly allowance
for shelter pursuant to the social services law, less than one-third of
the combined income of all members of the household; or (ii) in the case
of a head of the household who receives a monthly allowance for shelter
pursuant to the social services law, less than the maximum allowance for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04320-03-9
A. 1260--A 2
shelter which such head of the household is entitled to receive pursuant
to such law. WHEN A REDETERMINATION OF THE ADJUSTED RENT HAS BEEN MADE
PURSUANT TO THIS PARAGRAPH, SUCH REDETERMINATION SHALL BE MADE RETROAC-
TIVE TO THE DATE ON WHICH THERE WAS A PERMANENT DECREASE IN THE COMBINED
INCOME OF ALL MEMBERS OF THE HOUSEHOLD. For purposes of this paragraph,
a decrease in the combined income of all members of the household shall
not include any decrease in such income resulting from the manner in
which income is calculated pursuant to any amendment to paragraph c of
subdivision one of this section made on or after April first, nineteen
hundred eighty-seven. For purposes of this paragraph, "adjusted rent"
shall mean maximum rent or legal regulated rent less the amount set
forth in a tax abatement certificate.
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
pursuant to section 17 of chapter 576 of the laws of 1974, as amended,
and shall be deemed to expire therewith.