senate Bill S1251

2011-2012 Legislative Session

Relates to the definition of income for purposes of the senior citizen rent increase exemptions (SCRIE) program

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to aging
Jan 06, 2011 referred to aging

Co-Sponsors

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S1251 - Bill Details

See Assembly Version of this Bill:
A8608
Current Committee:
Senate Aging
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§467-b & 467-c, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S3498, A1644

S1251 - Bill Texts

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Excludes social security payments and supplemental security income from the definition of "income" for the purposes of determining eligibility under the senior citizen rent increase exemption (SCRIE).

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BILL NUMBER:S1251

TITLE OF BILL:

An act
to amend the real property tax law, in relation to the definition of
income for purposes of the senior citizen rent increase exemptions
(SCRIE) program

PURPOSE OR GENERAL IDEA OF BILL:

Amends the real property tax law to change the definition of "income"
for purposes of eligibility in the SCRIE program. The changes would
make 100% of social security income exempt from calculation for the
SCRIS program eligibility.

Current law states that 100% for social security income is applied
when determining eligibility for the SCRIS program. This bill would
amend the law and exclude 100% of social security benefits from the
calculation.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 paragraph c of subdivision 1 of section 467-b of the real
property tax law, as amended by chapter 500 of the laws of 2001, is
amended to read that income shall not include income from social
security benefits or supplemental security income payments if the
governing board of the municipality in which the senior citizen
resides, after public hearing, adopts a local law, ordinance, or
resolution electing to exempt such benefits and payments.

Section 2 paragraph f of subdivision 1 of section 467-C of the real
property tax law, as amended by chapter 500 of the laws of 2001, is
amended to read that provided however, that income shall not include
income from social security benefits or supplemental security income
payments if the governing board of the municipality in which the
senior citizen resides, after public hearing, adopts a local law,
ordinance, or resolution electing to exempt such benefits and payments.

Section 3 Effective date.

JUSTIFICATION:

Each year the rate of inflation increases at a far greater rate than
the increases in social security income benefits. This puts many
senior citizens who live in. New York city in a very difficult
financial position. It is no secret that a large portion of a senior
citizen's income in,NYC is applied towards housing costs; adding
these costs with the
price of healthcare and prescription drugs puts seniors in a fiscal
crisis. This bill would work towards solving that crisis by excluding
social security income from the calculation for eligibility in the
SCRIE program, therefore allowing more seniors to enroll and take
part in the benefits of stabilized rent rates. This in turn would
allow seniors to apply the money they would have had to use for the


increase in rent towards food, prescription drugs and other
necessities.

It is no secret that a large portion of a senior citizen's income in
NYC is applied towards housing costs; adding these costs with the
price of healthcare and prescription drugs puts seniors in a fiscal
crisis. This bill would work towards solving that crisis by excluding
social security income from the calculation for eligibility in the
SCRIE program, therefore allowing more seniors to enroll and take
part in the benefits of stabilized rent rates. This in turn would
allow seniors to apply the money they would have had to use for the
increase in rent towards food, prescription drugs and other
necessities.

PRIOR LEGISLATIVE HISTORY:

2009-10: S.3498 - Passed Aging; Referred to Finance
2007-08: S.1326 - Referred to Local Government
2006: S.6980 - Referred to Aging

FISCAL IMPLICATIONS:

To be determined for 2011.

For 2010, the following was determined:
"None to the State. Excluding social secondary benefits and
supplemental security income payments from the definition of income
would greatly expand eligibility for the SCRIE and the DRIE programs
by increasing the population of participants resulting in additional
costs for municipalities that provide the programs.

Currently, the SCRIE program costs New York City $125 million per
year, and the DRIE program costs $7.5 million per year. The City
estimates the combined cost of this expansion to be $5 million that
first year, $11 million the second year, $16 million the third year
and $28 million the fourth year, which would grow to $62 million by
the tenth year after eligibility requirements are implemented.

In addition to New York City, other municipalities that participate in
the program would also incur increased yearly costs from the
expansion of the program. However, this bill does not automatically
expand eligibility as the local legislative body in the municipality
providing the program must approve the language before new
requirements are to go into effect."

EFFECTIVE DATE:

Immediately, provided that the amendments to paragraph c of
subdivision 1 of 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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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1251

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  ADDABBO, ADAMS, DILAN, HASSELL-THOMPSON, HUNTLEY,
  KRUEGER, MONTGOMERY, OPPENHEIMER, PARKER, SAVINO  --  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 definition
  of income for purposes of the senior citizen rent increase  exemptions
  (SCRIE) program

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

  Section 1. Paragraph c of subdivision 1 of section 467-b of  the  real
property  tax  law,  as  amended  by chapter 500 of the laws of 2001, is
amended to read as follows:
  c. "Income" means income from  all  sources  after  deduction  of  all
income  and  social  security  taxes  and  includes  social security and
retirement benefits, supplemental security income and  additional  state
payments,  public  assistance  benefits, interest, dividends, net rental
income, salary or earnings, and net  income  from  self-employment,  but
shall  not  include  gifts or inheritances, payments made to individuals
because of their status as victims of Nazi persecution,  as  defined  in
P.L.  103-286,  or increases in benefits accorded pursuant to the social
security act or a public or private pension paid to any  member  of  the
household which increase, in any given year, does not exceed the consum-
er  price  index  (all  items  United States city average) for such year
which take effect after the date of eligibility of head of the household
receiving benefits hereunder whether received by the head of the  house-
hold  or any other member of the household; PROVIDED HOWEVER THAT INCOME
SHALL NOT INCLUDE INCOME FROM SOCIAL SECURITY BENEFITS  OR  SUPPLEMENTAL
SECURITY  INCOME  PAYMENTS IF THE GOVERNING BOARD OF THE MUNICIPALITY IN
WHICH THE SENIOR CITIZEN RESIDES, AFTER PUBLIC HEARING, ADOPTS  A  LOCAL
LAW,  ORDINANCE,  OR  RESOLUTION  ELECTING  TO  EXEMPT SUCH BENEFITS AND
PAYMENTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00668-01-1

S. 1251                             2

  S 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
read as follows:
  f.  "Income"  means income received by the eligible head of the house-
hold combined with the income of all other members of the household from
all sources after deduction of all income and social security taxes  and
includes  without  limitation,  social security and retirement benefits,
supplemental security  income  and  additional  state  payments,  public
assistance  benefits, interest, dividends, net rental income, salary and
earnings, and net income from self employment,  but  shall  not  include
gifts  or  inheritances,  payments  made to individuals because of their
status as victims of Nazi persecution as defined in  P.L.  103-286,  nor
increases  in benefits accorded pursuant to the social security act or a
public or private pension paid to any  member  of  the  household  which
increase,  in  any  given year, does not exceed the consumer price index
(all items United States city average) for such year which  take  effect
after  the eligibility date of an eligible head of the household receiv-
ing benefits hereunder whether received by  the  eligible  head  of  the
household  or  any other member of the household. When the eligible head
of the household has retired on or after the commencement of the taxable
period and prior to the  date  of  making  an  application  for  a  rent
increase  exemption  order/tax  abatement  certificate  pursuant to this
section, such person's income shall be adjusted by excluding  salary  or
earnings  and projecting such person's retirement income over the entire
taxable period.  FOR PURPOSES OF DETERMINING  INCOME  PURSUANT  TO  THIS
PARAGRAPH, INCOME SHALL NOT INCLUDE SOCIAL SECURITY BENEFITS AND SUPPLE-
MENTAL  SECURITY  INCOME  PAYMENTS  IF  THE GOVERNING BOARD OF THE LOCAL
MUNICIPALITY IN WHICH THE SENIOR CITIZEN RESIDES,  AFTER PUBLIC HEARING,
ADOPTS A LOCAL LAW, ORDINANCE, OR RESOLUTION  ELECTING  TO  EXEMPT  SUCH
BENEFITS AND PAYMENTS.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to paragraph c of subdivision 1 of 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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