senate Bill S637

2013-2014 Legislative Session

Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to aging
Jan 09, 2013 referred to aging

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S637 - Bill Details

See Assembly Version of this Bill:
A5274
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง467-b, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1224, A1526
2009-2010: S1742A, A1260A

S637 - Bill Texts

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Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling.

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BILL NUMBER:S637

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:
Makes rent re-determinations under the Senior Citizen Rent Increase
Exemption Program (SCRIE) and the Disability Rent Increase Exemption
Program (DRIE) retroactive to the time of the decrease in income of
the household.

SUMMARY OF SPECIFIC PROVISIONS:
This bill will amend subdivision g of section 467-b(3) of the real
property tax law by adding the following language: when
are-determination of the adjusted rent has been made pursuant to this
paragraph, such re-determination shall be made retroactive to the
date there was a permanent decrease in the combined income of all
members of the household""

JUSTIFICATION:
The SCRIE and DRIE programs provide exemption for low income senior
citizen and disabled tenants from certain rent increases. Senior
citizens and disabled citizens who lose an income earning spouse and
have been benefiting from the SCRIE or DRIE programs, are entitled to
a redetermination of their rent based on their now lower income.
Unfortunately, because the re-determination process takes time,
widowed seniors or persons with disabilities may be left paying a
higher rent than they can now afford. This legislation makes the
lower re-determined rent retroactive to the date of the loss of
income, allowing widowed, low income seniors or persons with
disabilities to maintain their apartments.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments
to section 467-b of the real property tax law made by this section
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.

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

                                   637

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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.  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03573-01-3

S. 637                              2

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.

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