senate Bill S6591A

Signed By Governor
2011-2012 Legislative Session

Relates to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities

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Archive: Last Bill Status Via A9223 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.286
Jul 20, 2012 delivered to governor
Jun 19, 2012 returned to assembly
passed senate
3rd reading cal.1360
substituted for s6591a
Jun 19, 2012 substituted by a9223a
ordered to third reading cal.1360
committee discharged and committed to rules
May 14, 2012 reported and committed to finance
Apr 18, 2012 print number 6591a
amend and recommit to aging
Mar 01, 2012 referred to aging

Votes

view votes

Jun 19, 2012 - Rules committee Vote

S6591A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 14, 2012 - Aging committee Vote

S6591A
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Aging committee vote details

Aging Committee Vote: May 14, 2012

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S6591 - Bill Details

See Assembly Version of this Bill:
A9223A
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-b, RPT L

S6591 - Bill Texts

view summary

Relates to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities; relates to providing notice to those eligible of the need for reapplication.

view sponsor memo
BILL NUMBER:S6591

TITLE OF BILL:
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

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 make
sure that individuals receiving the benefit under the DRIE
eligibility is transitioned to the SCRIE program seamlessly upon
reaching the appropriate age.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This bill has two main parts that would:

* Require a the municipality to develop, a system to ensure that DRIE
participants are seamlessly transitioned to the SCRIE program once
they reach the appropriate age; and

* Clarify that no eligibility criteria may be used by a municipality
in administering the SCRIE/DRIE program except those expressly
included in the statute.

Section 2. Effective Date

JUSTIFICATION:
While the benefit for the SCRIE/DRIE program is
identical regardless of whether you qualify as a senior or a person
with a disability, the income eligibility levels are not. When an
individual who has been receiving the DRIE benefit becomes a senior
they should be transitioned to the SCRIE program. The income
eligibility levels for SCRIE are higher than for DRIB and so there is
no need for seniors to go through the process of reaffirming their
proof of disability in these circumstances.

In addition, there have been incidents where eligibility criteria were
used to exclude eligible seniors from SCRIE that are not allowed
under the SCRIE/DRIE statute. Though the courts have struck down
these attempts to prevent eligible individuals from obtaining the
benefit, it is also important to close the perceived loophole. With
this clarification there can be no confusion regarding what is an
acceptable eligibility criteria.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:
Immediately.

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

                                  6591

                            I N  S E N A T E

                              March 1, 2012
                               ___________

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 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. Subdivision 5 of section 467-b of the real property tax law
is amended by adding two new paragraphs c and d to read as follows:
  C.  THE  ENTITY  THAT  ADMINISTERS  THE TAX ABATEMENT PURSUANT TO THIS
SECTION SHALL DEVELOP A SYSTEM TO  ENSURE  THAT  PARTICIPANTS  THAT  ARE
ELIGIBLE  FOR THIS TAX ABATEMENT PROGRAM PURSUANT TO PARAGRAPH B OF THIS
SUBDIVISION AND SUBSEQUENTLY BECOME ELIGIBLE PURSUANT TO PARAGRAPH A  OF
THIS  SUBDIVISION,  SHALL  HAVE TIMELY NOTICE OF THE NEED TO REAPPLY FOR
THE TAX ABATEMENT PROGRAM DURING THE FIRST  REAPPLICATION  PERIOD  AFTER
MEETING  THE ELIGIBILITY CRITERIA OF PARAGRAPH A OF THIS SUBDIVISION AND
FOR EVERY REAPPLICATION THEREAFTER BASED ON THEIR  ELIGIBILITY  PURSUANT
TO PARAGRAPH A OF THIS SUBDIVISION.
  D.  AN ENTITY ADMINISTERING THIS PROGRAM SHALL NOT CONSIDER ANY ELIGI-
BILITY CRITERIA THAT ARE NOT CONTAINED IN THIS  SECTION  IN  DETERMINING
WHETHER TO APPROVE OR DENY AN APPLICATION FOR THE TAX ABATEMENT PROGRAM.
  S  2. This act shall take effect immediately, provided that the amend-
ments to subdivision 5 of section 467-b of the  real  property  tax  law
made  by  section  one  of  this act shall not affect the expiration and
reversion of such section and shall be deemed to expire therewith.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14359-01-2

S6591A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9223A
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-b, RPT L

S6591A (ACTIVE) - Bill Texts

view summary

Relates to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities; relates to providing notice to those eligible of the need for reapplication.

view sponsor memo
BILL NUMBER:S6591A

TITLE OF BILL:
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

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 make sure that individuals receiving the benefit
under the DRIE eligibility is transitioned to the SCRIE program
seamlessly upon reaching the appropriate age.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This bill has two main parts that would:

* Require the municipality to develop a system to ensure that DRIE
participants are seamlessly transitioned to the SCRIE program once
they reach the appropriate age; and

* Clarify that no eligibility criteria may be used by a municipality
in administering the SCRIE/DRIE program except those expressly
included in the statute.

JUSTIFICATION:
While the benefit for the SCRIE/DRIE program is identical regardless
of whether you qualify as a senior or a person with a disability, the
income eligibility levels are not. When an individual who has been
receiving the DRIE benefit becomes a senior they should be
transitioned to the SCRIE program. The income eligibility levels for
SCRIE are higher than for DRIE and so there is no need for seniors to
go through the process of reaffirming their proof of disability in
these circumstances.

In addition, there have been incidents where eligibility criteria were
used to exclude eligible seniors from SCRIE that are not allowed
under the SCRIE/DRIE statute. Though the courts have struck down
these attempts to prevent eligible individuals from obtaining the
benefit, it is also important to close the perceived loophole. With
this clarification there can be no confusion regarding what is an
acceptable eligibility criteria.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6591--A

                            I N  S E N A T E

                              March 1, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  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. Subdivision 5 of section 467-b of the real property tax law
is amended by adding two new paragraphs c and d to read as follows:
  C. THE ENTITY THAT ADMINISTERS THE  TAX  ABATEMENT  PURSUANT  TO  THIS
SECTION  SHALL  DEVELOP  A  SYSTEM  TO ENSURE THAT PARTICIPANTS THAT ARE
ELIGIBLE FOR THIS TAX ABATEMENT  PROGRAM  PURSUANT  TO  PARAGRAPH  B  OF
SUBDIVISION  THREE  OF  THIS  SECTION  AND  SUBSEQUENTLY BECOME ELIGIBLE
PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION, SHALL HAVE
TIMELY NOTICE OF THE NEED TO  REAPPLY  FOR  THE  TAX  ABATEMENT  PROGRAM
DURING  THE  FIRST  REAPPLICATION  PERIOD  AFTER MEETING THE ELIGIBILITY
CRITERIA OF PARAGRAPH A OF SUBDIVISION THREE OF  THIS  SECTION  AND  FOR
EVERY  REAPPLICATION  THEREAFTER  BASED ON THEIR ELIGIBILITY PURSUANT TO
PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION.
  D. AN ENTITY ADMINISTERING THIS PROGRAM SHALL NOT CONSIDER ANY  ELIGI-
BILITY  CRITERIA  THAT  ARE NOT CONTAINED IN THIS SECTION IN DETERMINING
WHETHER TO APPROVE OR DENY AN APPLICATION FOR THE TAX ABATEMENT PROGRAM.
  S 2. This act shall take effect immediately, provided that the  amend-
ments  to  subdivision  5  of section 467-b of the real property tax law
made by section one of this act shall  not  affect  the  expiration  and
reversion of such section and shall be deemed to expire therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14359-03-2

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