senate Bill S644

2013-2014 Legislative Session

Reduces from one-third to one-fourth of income the applicability of the senior citizens' rent increase exemption

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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

S644 - Bill Details

See Assembly Version of this Bill:
A3078
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง467-b, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1786, A2987
2009-2010: S1382, A3073

S644 - Bill Texts

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Provides that the tax abatements for certain rent-controlled and rent-regulated property occupied by senior citizens commonly known as the senior citizens' rent increase exemption (SCRIE) shall be applicable where the rent constitutes more than one-fourth rather than one-third of the tenant's income.

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BILL NUMBER:S644

TITLE OF BILL:
An act
to amend the real property tax law, in relation to the income level
for the applicability of the senior citizens' rent increase exemption

PURPOSE OR GENERAL IDEA OF BILL:
Reduces from one-third to one-fourth
of income the applicability of the senior citizen's rent
increase exemption.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 2 and subparagraph 3 of
paragraph d of subdivision 3 of section 467-b of the real property
tax law, subdivision 2 as amended by chapter 747 of the laws of 1985
and subparagraph 3 of paragraph d of subdivision 3 as amended by
section 1 of chapter 188 of the laws of 2005 are amended.. One of the
criteria that must be met in order to be eligible for the senior
citizen's rent increase exemption (SCRIE) deals with household
income. At least one-third of a senior's income must be used for
rent in order to be eligible for SCRIE. This criteria would be
lowered to include seniors who pay at least one-fourth of their
income for rent.

JUSTIFICATION:
SCRIE was established in 1979 to allow senior citizens
an exemption from rent increases if specific criteria are met They
must reside in rent controlled, rent stabilized or Mitchell-Lama
housing, be at least 62 years of age, have household incomes of no
more than $29,000 (as of July 1, 2009 per NYC DHCR fact sheet) and
pay at least one-third of their income for rent. The problem lies in
the requirement that one-third of household income be used for rent.
Many seniors do not meet that requirement and are subject to high
rents and rent increases. This bill will lower the requirement to
one-fourth and allow more seniors to become eligible for SCRIE.

PRIOR LEGISLATIVE HISTORY:
This legislation was previously introduced.

FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:
A fiscal note
received on May 4, 2009 from the State of New York, Executive
Department, Office of Real Property Services states:

The SCRIE program is currently active in New York City, six
municipalities in Nassau County, and thirteen municipalities in
Westchester County. The estimated fiscal impact of the proposed
legislation is based primarily from data obtained from the 2008 New
York City Housing and Vacancy Survey, as well as from the city's
annual Report of Tax Expenditure.
Comparable data are not available from other municipalities.

It is estimated that an additional 7,000 households in New York City
could become eligible for SCRIE if the proposed legislation becomes
law.


According to the City's Office of Management and Budget, when these
benefits are fully phased in over an estimated 20 year period (the
life expectancy of the newly eligible senior head of household),
SCRIE payments to landlords by
the City of New York would increase by approximately $50 million as a
result of this program change.

It is not possible to estimate the impact of this program change for
the other affected municipalities, but it would have similar effects,
in that tenants having comparatively low based rents would qualify
for the SCRIE program, with corresponding abatement of taxes by the
effected municipalities to the affected landlords.

EFFECTIVE DATE:
This act shall take effect immediately; provided that
the amendments made to section 467-b of the real property tax law by
section one of this act shall not affect the expiration of and shall
expire therewith.

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

                                   644

                       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  the  income
  level  for  the  applicability  of  the senior citizens' rent increase
  exemption

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

  Section  1.  Subdivision 2 and subparagraph 3 of paragraph d of subdi-
vision 3 of section 467-b of the real property tax law, subdivision 2 as
amended by chapter 747 of the laws of 1985 and subparagraph 3  of  para-
graph  d  of subdivision 3 as amended by section 1 of chapter 188 of the
laws of 2005, are amended to read as follows:
  2.  The governing body of any municipal corporation is hereby  author-
ized  and  empowered  to adopt, after public hearing, in accordance with
the provisions of this section, a local  law,  ordinance  or  resolution
providing  for  the  abatement  of  taxes  of said municipal corporation
imposed on real property containing a dwelling unit as defined herein by
one of the following amounts:
  (a) where the head of the household does not receive a monthly  allow-
ance  for  shelter pursuant to the social services law, an amount not in
excess of that portion of any increase in maximum rent  or  legal  regu-
lated  rent  which  causes  such maximum rent or legal regulated rent to
exceed [one-third] ONE-FOURTH of the combined income of all  members  of
the household; or
  (b)  where  the head of the household receives a monthly allowance for
shelter pursuant to the social services law, an amount not in excess  of
that  portion  of  any  increase in maximum rent or legal regulated rent
which is not covered by the maximum allowance  for  shelter  which  such
person is entitled to receive pursuant to the social services law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03593-01-3

S. 644                              2

  (3)  where the head of the household does not receive a monthly allow-
ance for shelter pursuant to the social  services  law,  the  amount  by
which  the maximum rent or legal regulated rent of the subsequent dwell-
ing unit exceeds [one-third] ONE-FOURTH of the combined  income  of  all
members of the household.
  S 2.  This act shall take effect immediately; provided that the amend-
ments  made to section 467-b of the real property tax law by section one
of this act shall not affect the expiration of such  section  and  shall
expire therewith.

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