senate Bill S17A

2013-2014 Legislative Session

Provides additional rent protection for senior citizens whose household income does not exceed $70,000 in cases where their rent is more than one half of their income

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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 08, 2014 referred to aging
May 22, 2013 print number 17a
amend (t) and recommit to aging
Jan 09, 2013 referred to aging

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S17 - Bill Details

See Assembly Version of this Bill:
A32A
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§467-b & 467-c, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A32, S483
2009-2010: A569, S7539

S17 - Bill Texts

view summary

Provides additional rent protection for senior citizens whose household income does not exceed $70,000 in cases where their rent is more than one-half of their income.

view sponsor memo
BILL NUMBER:S17

TITLE OF BILL:
An act
to amend the real property tax law, in relation to adding rent protection
to senior citizens where their rent is more than one-half of their income

PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the SCRIE (Senior Citizen Rent Increase
Exemption) statutes to protect an additional category of senior
citizen tenants, who do not fall within current statutory income
limitations, but who nonetheless are being subjected to rent
increases that constitute an unaffordable proportion of their incomes
and therefore need protection.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends section 467-b of the Real Property Tax Law (RPTL) by
adding a new subdivision 10. Permits a locality to adopt a local law
that provides additional protection for an expanded category of
senior citizens.

Section 2. Amends section 467-c of the Real Property Tax Law by adding
a new subdivision 13. Permits a locality to adopt a local law that
provides additional protection for an expanded category of senior
citizens who reside in Mitchell-Lama dwellings.

Section 3. Effective Date.

EXISTING LAW:
Real Property Tax Law; Section 467-b; Tax abatement for
rent-controlled and rent regulated property occupied by senior
citizens or persons with disabilities and Real Property Tax Law;
Section 467-c; Exemption for property owned by certain housing
companies and occupied by senior citizens or persons with disabilities.

JUSTIFICATION:
Current law authorizes adoption of local laws to protect senior citizen
tenants who: 1) have combined household incomes under a specific
income cap, set out on a yearly basis in the Real Property Tax Law
(RPTL), and 2) have rents that will increase to exceed one third of
the household income. Unfortunately, in New York City and some
surrounding areas, rents - - even regulated rents - have become so
high that some senior citizens whose incomes exceed the statutory
income limitations find themselves paying an unaffordable percentage
of their incomes for rent. This bill would therefore permit
localities to extend additional protection to such people, without in
any way changing or diminishing the protection that is already in
place for senior citizen households whose income falls below the
statutory caps.

An analysis of data from the 2005 New York City Housing Vacancy Survey
performed by the Community Service Society found that if the change
proposed by this bill were to be made, an additional approximately
1100 households would qualify for the benefit. It should also be
noted that, under current law, only approximately one third of
eligible households have applied for and received the benefit, so it


can be anticipated that not all newly eligible households would apply
if this bill were to become law. However, those in need of protection
would be able to apply for it.

The amendments made by sections one and two of this bill would permit
localities to extend similar protection to senior citizen households
for which a rent increase would cause the rent to exceed one half of
household income, without regard to the income caps that apply to
situations where rent exceeds one third of household income.

PRIOR LEGISLATIVE HISTORY:
2012: S.483 - Referred to Housing, Construction and Community
Development
2011: S.483 - Discharged from Aging and Committed to Housing,
Construction and Community Development
2009-10: S.7539 - Reported and
Committed to Finance/A.2446 - Referred to Aging
2008: A.10759 - Referred to Aging

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                   17

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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  adding  rent
  protection  to  senior citizens where their rent is more than one-half
  of their income

  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 a new subdivision 10 to read as follows:
  10. A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR
ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  AND  IN  ADDITION  TO  ANY
EXISTING  SENIOR CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF ANY CITY,
TOWN OR VILLAGE IS HEREBY  AUTHORIZED  AND  EMPOWERED  TO  ADOPT,  AFTER
PUBLIC  HEARING,  A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE
ABATEMENT OF TAXES OF SAID MUNICIPAL CORPORATION IMPOSED ON REAL PROPER-
TY CONTAINING A DWELLING UNIT AS DEFINED IN THIS SECTION  BY  AN  AMOUNT
NOT  IN  EXCESS  OF  THAT  PORTION OF ANY INCREASE IN MAXIMUM RENT WHICH
CAUSES SUCH MAXIMUM RENT TO EXCEED ONE-HALF OF THE  COMBINED  INCOME  OF
ALL  MEMBERS  OF  THE  HOUSEHOLD,  WHERE  THE HEAD OF THE HOUSEHOLD IS A
PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
  B. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHED PURSUANT TO
PARAGRAPH A OF THIS SUBDIVISION, SHALL PROVIDE THAT FOR A DWELLING  UNIT
WHERE  THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT SHALL  BE
GRANTED  IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD FOR THE
CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME AT WHICH SUCH HEAD OF
THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLEMENTAL SECURI-
TY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
  S 2. Section 467-c of the real property tax law is amended by adding a
new subdivision 13 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00933-01-3

S. 17                               2

  13. A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION  OR
ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, AND IN ADDITION TO ANY
EXISTING SENIOR CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF  ANY  CITY
HAVING  A  POPULATION  OF  ONE MILLION OR MORE, ACTING THROUGH ITS LOCAL
LEGISLATIVE  BODY  OR  OTHER  GOVERNING  AGENCY IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND LOCAL LAWS  OR  ORDINANCES  PROVIDING  THAT
REAL  PROPERTY  OF  A HOUSING COMPANY SHALL BE EXEMPT FROM REAL PROPERTY
TAXES, IN AN AMOUNT EQUAL TO THE RENT INCREASE EXEMPTIONS ACTUALLY CRED-
ITED TO ELIGIBLE HEADS OF HOUSEHOLDS PURSUANT TO THIS SECTION. ANY  SUCH
EXEMPTION  SHALL  BE  IN ADDITION TO ANY OTHER EXEMPTION OR ABATEMENT OF
TAXES AUTHORIZED BY LAW.
  B. ANY SUCH LOCAL LAW OR ORDINANCE SHALL PROVIDE THAT A  HEAD  OF  THE
HOUSEHOLD    SIXTY-TWO  YEARS OF AGE OR OLDER MAY OBTAIN A RENT INCREASE
EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE ENTITLING HIM  OR  HER  TO  AN
EXEMPTION FROM INCREASES IN THE MAXIMUM RENT OTHERWISE PAYABLE WHERE THE
HEAD  OF  THE HOUSEHOLD DOES NOT RECEIVE A MONTHLY ALLOWANCE FOR SHELTER
PURSUANT TO THE SOCIAL SERVICES LAW, THE AMOUNT BY  WHICH  INCREASES  IN
THE  MAXIMUM  RENT  SUBSEQUENT  TO  SUCH  PERSON'S ELIGIBILITY DATE HAVE
RESULTED IN THE MAXIMUM RENT  EXCEEDING ONE-HALF OF THE COMBINED  INCOME
OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE PERIOD.
  S 3. 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  survive  the expiration and reversion of such
section as provided in section 17 of chapter 576 of the laws of 1974, as
amended.

Co-Sponsors

S17A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A32A
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§467-b & 467-c, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A32, S483
2009-2010: A569, S7539

S17A (ACTIVE) - Bill Texts

view summary

Provides additional rent protection for senior citizens whose household income does not exceed $70,000 in cases where their rent is more than one-half of their income.

view sponsor memo
BILL NUMBER:S17A

TITLE OF BILL: An act to amend the real property tax law, in relation
to adding rent protection for senior citizens whose household income
does not exceed seventy thousand dollars in cases where their rent is
more than one-half of their income

PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the SCRIE
(Senior Citizen Rent Increase Exemption) statutes to protect an
additional category of senior citizen tenants, who do not fall within
current statutory income limitations, but who nonetheless are being
subjected to rent increases that constitute an unaffordable proportion
of their incomes and therefore need protection.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends section 467-b of the Real Property Tax Law (RPTL) by
adding a new subdivision 10. Permits a locality to adopt a local law
that provides additional protections for senior citizens where the
head of household is sixty-two years of age or older and whose
household income does not exceed seventy thousand dollars in cases
where their rent is more than one-half of their income.

Section 2. Amends section 467-c of the Real Property Tax Law by adding
a new subdivision 13. Permits a locality to adopt a local law that
provides additional protections for senior citizens who reside in
Mitchell-Lama dwellings where the head of household is sixty-two years
of age Or older and whose household income does not exceed seventy
thousand dollars in cases where their rent is more than one-half of
their income.

Section 3. Effective Date.

EXISTING LAW: Real Property Tax Law; Section 467-b; Tax abatement for
rent-controlled and rent regulated property occupied by senior
citizens or persons with disabilities and Real Property Tax Law;
Section 467-c; Exemption for property owned by certain housing
companies and occupied by senior citizens or persons with
disabilities.

JUSTIFICATION: Current law authorizes adoption of local laws to
protect senior citizen tenants who: 1) have combined household incomes
under a specific income cap, set out on a yearly basis in the Real
Property Tax Law (RPTL), and 2) have rents that will increase to
exceed one third of the household income. Unfortunately, in New York
City and some surrounding areas, rents - - even regulated rents - have
become so high that some senior citizens whose incomes exceed the
statutory income limitations find themselves paying an unaffordable
percentage of their incomes for rent. This bill would therefore permit
localities to extend additional protection to such people, without in
any way changing or diminishing the protection that is already in
place for senior citizen households whose income falls below the
statutory caps.

An analysis of data from the 2005 New York City Housing Vacancy Survey
performed by the Community Service Society found that if the change
proposed by this bill were to be made, an additional approximately


1100 households would qualify for the benefit. It should also be noted
that, under current law, only approximately one third of eligible
households have applied for and received the benefit, so it can be
anticipated that not all newly eligible households would apply if this
bill were to become law. However, those in need of protection would be
able to apply for it.

The amendments made by sections one and two of this bill would permit
localities to extend similar protection to senior citizen households
for which a rent increase would cause the rent to exceed one half of
household income, without regard to the income caps that apply to
situations where rent exceeds one third of household income.

PRIOR LEGISLATIVE HISTORY: 2013: S.17-A - Amended and Recommitted to
Aging/A.32-A- Amended and Recommitted to Aging
2012: S.483-Referred to Housing, Construction and Community
Development
2011: S.483 - Discharged from Aging and Committed to Housing,
Construction and Community Development
2009-10: S.7539 - Reported and Committed to Finance/A.2446 - Referred
to Aging
2008: A.10759 - Referred to Aging

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately, with
provisions.

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

                                  17--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. DIAZ, KRUEGER -- 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  adding  rent
  protection  for senior citizens whose household income does not exceed
  seventy thousand dollars in cases where their rent is more  than  one-
  half of their income

  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 a new subdivision 10 to read as follows:
  10. A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR
ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, AND IN ADDITION TO ANY
EXISTING SENIOR CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF ANY  CITY,
TOWN  OR  VILLAGE  IS  HEREBY  AUTHORIZED  AND EMPOWERED TO ADOPT, AFTER
PUBLIC HEARING, A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING  FOR  THE
ABATEMENT OF TAXES OF SAID MUNICIPAL CORPORATION IMPOSED ON REAL PROPER-
TY  CONTAINING  A  DWELLING UNIT AS DEFINED IN THIS SECTION BY AN AMOUNT
NOT IN EXCESS OF THAT PORTION OF ANY  INCREASE  IN  MAXIMUM  RENT  WHICH
CAUSES  SUCH  MAXIMUM  RENT TO EXCEED ONE-HALF OF THE COMBINED INCOME OF
ALL MEMBERS OF THE HOUSEHOLD, WHERE: (1) THE HEAD OF THE HOUSEHOLD IS  A
PERSON  SIXTY-TWO  YEARS  OF  AGE OR OLDER; AND (2) THE HOUSEHOLD INCOME
DOES NOT EXCEED SEVENTY THOUSAND DOLLARS PER YEAR.
  B. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHED PURSUANT TO
PARAGRAPH A OF THIS SUBDIVISION, SHALL PROVIDE THAT FOR A DWELLING  UNIT
WHERE  THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT SHALL  BE
GRANTED  IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD FOR THE
CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME AT WHICH SUCH HEAD OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00933-03-3

S. 17--A                            2

THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLEMENTAL SECURI-
TY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
  S 2. Section 467-c of the real property tax law is amended by adding a
new subdivision 13 to read as follows:
  13.  A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION OR
ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  AND  IN  ADDITION  TO  ANY
EXISTING  SENIOR  CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF ANY CITY
HAVING A POPULATION OF ONE MILLION OR MORE,  ACTING  THROUGH  ITS  LOCAL
LEGISLATIVE  BODY  OR  OTHER  GOVERNING  AGENCY IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND LOCAL LAWS  OR  ORDINANCES  PROVIDING  THAT
REAL  PROPERTY  OF  A HOUSING COMPANY SHALL BE EXEMPT FROM REAL PROPERTY
TAXES, IN AN AMOUNT EQUAL TO THE RENT INCREASE EXEMPTIONS ACTUALLY CRED-
ITED TO ELIGIBLE HEADS OF HOUSEHOLDS PURSUANT TO THIS SECTION. ANY  SUCH
EXEMPTION  SHALL  BE  IN ADDITION TO ANY OTHER EXEMPTION OR ABATEMENT OF
TAXES AUTHORIZED BY LAW.
  B. ANY SUCH LOCAL LAW OR ORDINANCE SHALL PROVIDE THAT A  HEAD  OF  THE
HOUSEHOLD   SIXTY-TWO YEARS OF AGE OR OLDER, WHOSE HOUSEHOLD INCOME DOES
NOT EXCEED SEVENTY THOUSAND DOLLARS PER YEAR, MAY OBTAIN A RENT INCREASE
EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE ENTITLING HIM  OR  HER  TO  AN
EXEMPTION FROM INCREASES IN THE MAXIMUM RENT OTHERWISE PAYABLE WHERE THE
HEAD  OF  THE HOUSEHOLD DOES NOT RECEIVE A MONTHLY ALLOWANCE FOR SHELTER
PURSUANT TO THE SOCIAL SERVICES LAW, THE AMOUNT BY  WHICH  INCREASES  IN
THE  MAXIMUM  RENT  SUBSEQUENT  TO  SUCH  PERSON'S ELIGIBILITY DATE HAVE
RESULTED IN THE MAXIMUM RENT  EXCEEDING ONE-HALF OF THE COMBINED  INCOME
OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE PERIOD.
  S 3. 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  survive  the expiration and reversion of such
section as provided in section 17 of chapter 576 of the laws of 1974, as
amended.

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