senate Bill S439A

2013-2014 Legislative Session

Increases allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases

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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 17, 2014 print number 439a
amend and recommit to aging
Jan 08, 2014 referred to aging
Jan 09, 2013 referred to aging

Bill Amendments

Original
A (Active)
Original
A (Active)

S439 - Bill Details

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: S124A
2009-2010: S4870A

S439 - Bill Texts

view summary

Increases allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases under provisions applicable to senior citizens' rent increase exemption (SCRIE).

view sponsor memo
BILL NUMBER:S439

TITLE OF BILL:
An act
to amend the real property tax law, in relation to increasing the
allowable maximum income of persons occupying rental units
otherwise eligible for tax abatement in certain cases

PURPOSE:
To allow localities to raise the income eligibility limits for the
Senior Citizen Rent Increase Exemption (SCRIE) program to any amount
up to $50,000.

SUMMARY OF PROVISIONS:
Section 1. Amends the Real Property Tax Law, section 467-b,
subdivision 3, paragraph a. Increases the combined household income
limits that the local governing body may authorize from twenty-nine
thousand dollars up to fifty thousand dollars for the Senior Citizen
Rent Increase Exemption assistance program (SCRIE).

Section 2. Amends the Real Property Tax Law section 467-c subdivision
1, paragraph d. Increases the income limits for an eligible head of
household and such head of household's spouse that the local governing
body may authorize from twenty-nine thousand dollars up to fifty
thousand dollars for the Senior Citizen Rent Increase Exemption
assistance program (SCRIE).

Section 3. Effective Date

EXISTING LAW:
The current income eligibility limit for SCRIE is $29,000.

JUSTIFICATION:
SCRIE provides a vital service by allowing senior residents of New York
to remain in their homes and communities by keeping their rent
affordable. To be eligible for SCRIE one must be 62 years of age or
older, the bead of a household, live in a rent controlled or rent
stabilized apartment or rent regulated hotel unit and their household
income may not exceed $29,000. Monthly rent must also exceed one
third of monthly household income.

The cost of living in New York City makes it difficult for many
seniors to make ends meet. Not only low income, but also middle
income seniors feel the burden of the escalating costs in rent This
bill would authorize the locality to increase the income eligibility
level to any amount up to $50,000 and can therefore provide not only
financial relief to a growing number of seniors but will also allow
them to remain in their current residences. This bill is not a local
mandate.
Localities can determine the amount of the increase, if any.

LEGISLATIVE HISTORY:
2012:. S.124-A-Amend and Recommit to Housing, Construction and
Community Development/A.6206-A Amend and Recommit to Aging
2011: S.124 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Housing, Construction and Community


Development/A.6206 - Referred to Aging
2010: S.4870A - Reported and Committed to Finance/A.516A -
Amended and Recommitted to Aging
2009: S.4807- Reported and Committed to Finance/A.516- Referred
to Aging

FISCAL IMPLICATIONS:
None for the State and none mandated for local governments. Fiscal
implications at local level, if any, will be determined by localities.

EFFECTIVE DATE:
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 chapter 576 of the laws of 1974, as amended, 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
________________________________________________________________________

                                   439

                       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 increasing the
  allowable maximum income of persons occupying rental  units  otherwise
  eligible for tax abatement in certain cases

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

  Section 1. Paragraph a of subdivision 3 of section 467-b of  the  real
property  tax  law, as separately amended by chapters 188 and 205 of the
laws of 2005, is amended to read as follows:
  a. for a dwelling unit where the head of the  household  is  a  person
sixty-two  years  of  age or older, no tax abatement shall be granted if
the combined income of all members of the household for the  income  tax
year  immediately  preceding the date of making application exceeds four
thousand dollars, or such other sum not more than  twenty-five  thousand
dollars  beginning  July  first,  two thousand five, twenty-six thousand
dollars beginning July first, two thousand  six,  twenty-seven  thousand
dollars  beginning July first, two thousand seven, twenty-eight thousand
dollars beginning July first,  two  thousand  eight,  [and]  twenty-nine
thousand  dollars  beginning  July  first,  two thousand nine, AND FIFTY
THOUSAND DOLLARS BEGINNING JULY FIRST, TWO THOUSAND FIFTEEN, as  may  be
provided  by  the local law, ordinance or resolution adopted pursuant to
this section, provided that when  the  head  of  the  household  retires
before  the  commencement of such income tax year and the date of filing
the application, the income for such year may be adjusted  by  excluding
salary  or earnings and projecting his or her retirement income over the
entire period of such year.
  S 2. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00448-01-3

S. 439                              2

  d. "Eligible head of the household" means (1) a person or his  or  her
spouse  who  is  sixty-two  years of age or older and is entitled to the
possession or to the use and occupancy of  a  dwelling  unit,  provided,
however,  with  respect  to  a  dwelling which was subject to a mortgage
insured  or  initially  insured  by  the  federal government pursuant to
section two hundred thirteen of the National  Housing  Act,  as  amended
"eligible  head of the household" shall be limited to that person or his
or her spouse who was entitled to possession or the use and occupancy of
such dwelling unit at the time of  termination  of  such  mortgage,  and
whose  income  when combined with the income of all other members of the
household, does not exceed six thousand five  hundred  dollars  for  the
taxable  period,  or  such  other  sum  not less than sixty-five hundred
dollars nor more than twenty-five thousand dollars beginning July first,
two thousand five, twenty-six thousand dollars beginning July first, two
thousand six, twenty-seven thousand dollars beginning  July  first,  two
thousand  seven, twenty-eight thousand dollars beginning July first, two
thousand eight, [and] twenty-nine thousand dollars beginning July first,
two thousand nine, AND FIFTY THOUSAND DOLLARS BEGINNING JULY FIRST,  TWO
THOUSAND  FIFTEEN, as may be provided by local law; or (2) a person with
a disability as defined in this subdivision.
  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 not affect the expiration of such  section
pursuant  to  chapter  576 of the laws of 1974, as amended, and shall be
deemed to expire therewith.

S439A (ACTIVE) - Bill Details

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: S124A
2009-2010: S4870A

S439A (ACTIVE) - Bill Texts

view summary

Increases allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases under provisions applicable to senior citizens' rent increase exemption (SCRIE).

view sponsor memo
BILL NUMBER:S439A

TITLE OF BILL: An act to amend the real property tax law, in relation
to increasing the allowable maximum income of persons occupying rental
units otherwise eligible for tax abatement in certain cases

PURPOSE:

To allow localities to raise the income eligibility limits for the
Senior Citizen Rent Increase Exemption (SCRIE) program to any amount
up to $50,000.

SUMMARY OF PROVISIONS:

Section 1. Amends the real property tax law, section 467-b (3).
Increases the combined household income limits that the local
governing body may authorize from twenty-nine thousand dollars up to
fifty thousand dollars for the Senior Citizen Rent Increase Exemption
assistance program (SCRIE).

Section 2. Amends the real property tax law, section 467-c (1) (d).
Increases the income limits for an eligible head of household and such
head of household's spouse that the local governing body may authorize
from twenty-nine thousand dollars up to fifty thousand dollars for the
Senior Citizen Rent Increase Exemption assistance program (SCRIE).

Section 3. Effective Date

EXISTING LAW:

The current income eligibility limit for SCRIE is $29,000.

JUSTIFICATION:

The Senior Citizens Rent Increase Exemption (SCRIE) provides a vital
service by allowing senior residents of New York to remain in their
homes and communities by keeping their rent affordable. To be eligible
for SCRIE one must be 62 years of age or older, the head of a
household, live in a rent controlled or rent stabilized apartment or
rent regulated hotel unit and their household income may not exceed
$29,000. Monthly rent must also exceed one third of monthly household
income.

The cost of living in New York City makes it difficult for many
seniors to make ends meet. Not only low income, but also middle income
seniors feel the burden of the escalating costs in rent. This bill
would authorize the locality to increase the income eligibility level
to any amount up to $50,000 and can therefore provide not only
financial relief to a growing number of seniors but will also allow
them to remain in their current residences.

This bill is not a local mandate. Localities can determine the amount
of the increase, if any.

LEGISLATIVE HISTORY:

2013: S.439 - Referred to Aging/A.2043 - Referred to Aging


2011-12: S.124A - Amended and Recommitted to Housing, Construction and
Community Development/A.6206A - Amended and Recommitted to Aging
2009-10: S.4870A - Reported and Committed to Finance/A.516A - Amended
and Recommitted to Aging

FISCAL IMPLICATIONS:

None for the State and none mandated for local governments. Fiscal
implications at local level, if any will be determined by localities.

EFFECTIVE DATE:

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 chapter 576 of the laws of 1974, as amended, and
shall be deemed to expire therewith.

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

                                 439--A

                       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  --  recommitted  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 increasing the
  allowable  maximum  income of persons occupying rental units otherwise
  eligible for tax abatement in certain cases

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

  Section  1.  Paragraph a of subdivision 3 of section 467-b of the real
property tax law, as separately amended by chapters 188 and 205  of  the
laws of 2005, is amended to read as follows:
  a.  for  a  dwelling  unit where the head of the household is a person
sixty-two years of age or older, no tax abatement shall  be  granted  if
the  combined  income of all members of the household for the income tax
year immediately preceding the date of making application  exceeds  four
thousand  dollars,  or such other sum not more than twenty-five thousand
dollars beginning July first, two  thousand  five,  twenty-six  thousand
dollars  beginning  July  first, two thousand six, twenty-seven thousand
dollars beginning July first, two thousand seven, twenty-eight  thousand
dollars  beginning  July  first,  two  thousand eight, [and] twenty-nine
thousand dollars beginning July first,  two  thousand  nine,  AND  FIFTY
THOUSAND  DOLLARS  BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN, as may be
provided by the local law, ordinance or resolution adopted  pursuant  to
this  section,  provided  that  when  the  head of the household retires
before the commencement of such income tax year and the date  of  filing
the  application,  the income for such year may be adjusted by excluding
salary or earnings and projecting his or her retirement income over  the
entire period of such year.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00448-02-4

S. 439--A                           2

  S 2. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, is amended to read as follows:
  d. "Eligible  head  of the household" means (1) a person or his or her
spouse who is sixty-two years of age or older and  is  entitled  to  the
possession  or  to  the  use and occupancy of a dwelling unit, provided,
however, with respect to a dwelling which  was  subject  to  a  mortgage
insured  or  initially  insured  by  the  federal government pursuant to
section two hundred thirteen of the National  Housing  Act,  as  amended
"eligible  head of the household" shall be limited to that person or his
or her spouse who was entitled to possession or the use and occupancy of
such dwelling unit at the time of  termination  of  such  mortgage,  and
whose  income  when combined with the income of all other members of the
household, does not exceed six thousand five  hundred  dollars  for  the
taxable  period,  or  such  other  sum  not less than sixty-five hundred
dollars nor more than twenty-five thousand dollars beginning July first,
two thousand five, twenty-six thousand dollars beginning July first, two
thousand six, twenty-seven thousand dollars beginning  July  first,  two
thousand  seven, twenty-eight thousand dollars beginning July first, two
thousand eight, [and] twenty-nine thousand dollars beginning July first,
two thousand nine, AND FIFTY THOUSAND DOLLARS BEGINNING JULY FIRST,  TWO
THOUSAND  SIXTEEN, as may be provided by local law; or (2) a person with
a disability as defined in this subdivision.
  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 not affect the expiration of such  section
pursuant  to  chapter  576 of the laws of 1974, as amended, and shall be
deemed to expire therewith.

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