NY State Senate Bill 2015-S8063

Senate Bill S8063

Signed By Governor

2015-2016 Legislative Session

Relates to exemption from rental increase and abatement of real property taxes on certain types of housing occupied by low income senior citizens

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 14, 2016	signed chap.442
Nov 02, 2016	delivered to governor
Jun 17, 2016	returned to senate passed assembly ordered to third reading rules cal.552 substituted for a6702a
Jun 16, 2016	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1918
Jun 09, 2016	referred to rules

Votes

- Jun 16, 2016 - Floor Vote
  S8063
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S8063
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Little
      
      Perkins

2015-S8063 (ACTIVE) - Details

See Assembly Version of this Bill:: A6702
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b & 467-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3407
2011-2012: A4366
2013-2014: A4829

2015-S8063 (ACTIVE) - Summary

Provides that any head of household issued a tax abatement certificate for five consecutive years shall not be required to file every two years for a tax abatement certificate upon local option.

2015-S8063 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8063

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to exemption from rental increases and abatement of real
property taxes on certain types of housing occupied by low income
senior citizens


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would make it easier for seniors and persons with
disabilities who have been receiving SCRIE/DRIE for many years to
reapply.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would provide that any head of household who has been issued
a tax abatement certificate for five consecutive benefit periods,
would be eligible to file a short form application certifying that
they continue to be eligible for the tax abatement

 JUSTIFICATION :

Current law mandates that the head of a rental household must apply
every two years to the appropriate rent control agency for a tax
abatement certificate. This bill would lessen the filing burden on

senior citizens by enabling them to continue receiving any exemption
for which they are qualified without refiling the full application
form every two years. Adoption of this bill would also ease the paper
work and administrative burden encountered by municipalities in
processing such applications.

 PRIOR LEGISLATIVE HISTORY :

2013-2014 A.4829
2011-2012 A.4366
2009-2010 A.3407
2007-2008 A.3591
2005-2006 A.3799
2003-2004 A.5409
2001-2002 A.3545
1999-2000 A.1027
1997-1996 A.2153

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided; however, that the
amendment to subdivision 4 of section 467-b of the real property tax
law made by section one of this act shall not affect the expiration of
such section and shall be deemed to expire therewith.

2015-S8063 (ACTIVE) - Bill Text download pdf

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

                                  8063

                            I N  S E N A T E

                              June 9, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the real property tax law, in relation to exemption from
  rental increases and abatement of real property taxes on certain types
  of housing occupied by low income senior citizens

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

  Section  1.  Subdivision  4  of section 467-b of the real property tax
law, as amended by chapter 651 of the laws of 1988, is amended  to  read
as follows:
  4.  A. (1) The head of the household must apply every two years to the
appropriate rent control agency  or  administrative  agency  for  a  tax
abatement certificate on a form prescribed by said agency.
  (2)  UPON THE ADOPTION OF A LOCAL LAW, ORDINANCE, OR RESOLUTION BY THE
GOVERNING BOARD OF A MUNICIPALITY, ANY HEAD OF HOUSEHOLD THAT  HAS  BEEN
ISSUED  A  TAX  ABATEMENT  CERTIFICATE PURSUANT TO THIS SECTION FOR FIVE
CONSECUTIVE BENEFIT PERIODS, AND WHOSE INCOME  AND  RESIDENCE  HAVE  NOT
CHANGED  SINCE THEIR LAST RENEWAL APPLICATION, SHALL BE ELIGIBLE TO FILE
A SHORT FORM RENEWAL. SUCH STATEMENT SHALL BE ON A  FORM  PRESCRIBED  BY
THE  APPROPRIATE  RENT CONTROL AGENCY OR ADMINISTRATIVE AGENCY AND SHALL
INCLUDE THE FOLLOWING: (I) A SWORN STATEMENT CERTIFYING THAT  SUCH  HEAD
OF  HOUSEHOLD  CONTINUES  TO BE ELIGIBLE TO RECEIVE SUCH CERTIFICATE AND
THAT THEIR INCOME AND RESIDENCE HAVE NOT CHANGED;  AND  (II)  A  CERTIF-
ICATION  TO  BE  SIGNED  BY  THE  APPLICANT STATING THAT ALL INFORMATION
CONTAINED IN THEIR STATEMENT IS TRUE AND CORRECT  TO  THE  BEST  OF  THE
APPLICANT'S  KNOWLEDGE  AND BELIEF AND STATING THAT THEY UNDERSTAND THAT
THE WILLFUL MAKING OF ANY FALSE STATEMENT OF MATERIAL FACT THEREIN SHALL
SUBJECT THEM TO THE PROVISIONS OF LAW RELEVANT TO THE MAKING AND  FILING
OF  FALSE  INSTRUMENTS  AND  LOSS  OF THEIR BENEFIT, AND THAT SUBSEQUENT
REAPPLICATION SHALL BE AS A NEW APPLICANT.
  (B) A tax abatement certificate setting forth an amount not in  excess
of  the increase in maximum rent or legal regulated rent for the taxable
period or such other amount as shall  be  determined  under  subdivision
three of this section shall be issued by said agency to each head of the

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

                                                           LBD03560-03-6

S. 8063                             2

household  who  is  found to be eligible under this section on or before
the last date prescribed by law for the payment  of  the  taxes  or  the
first installment thereof of any municipal corporation which has granted
an  abatement  of taxes.   Copies of such certificate shall be issued to
the owner of the real property containing the dwelling unit of the  head
of  the household and to the collecting officer charged with the duty of
collecting the taxes of each municipal corporation which has granted the
abatement of taxes authorized by this section.
  S 2.  Subdivision 4 of section 467-c of the real property tax law,  as
added by chapter 208 of the laws of 1975, is amended to read as follows:
  4.  A. (1) Any such local law or ordinance may provide that the eligi-
ble head of the household shall apply annually to the supervising agency
for a rent increase exemption order/tax abatement certificate on a  form
to be prescribed and made available by the supervising agency.
  (2)  UPON THE ADOPTION OF A LOCAL LAW, ORDINANCE, OR RESOLUTION BY THE
GOVERNING BOARD OF A MUNICIPALITY, ANY HEAD OF HOUSEHOLD THAT  HAS  BEEN
ISSUED  A  TAX  ABATEMENT  CERTIFICATE PURSUANT TO THIS SECTION FOR FIVE
CONSECUTIVE BENEFIT PERIODS, AND WHOSE INCOME  AND  RESIDENCE  HAVE  NOT
CHANGED  SINCE THEIR LAST RENEWAL APPLICATION, SHALL BE ELIGIBLE TO FILE
A SHORT FORM RENEWAL. SUCH STATEMENT SHALL BE ON A  FORM  PRESCRIBED  BY
THE  APPROPRIATE  RENT CONTROL AGENCY OR ADMINISTRATIVE AGENCY AND SHALL
INCLUDE THE FOLLOWING: (I) A SWORN STATEMENT CERTIFYING THAT  SUCH  HEAD
OF  HOUSEHOLD  CONTINUES  TO BE ELIGIBLE TO RECEIVE SUCH CERTIFICATE AND
THAT THEIR INCOME AND RESIDENCE HAVE NOT CHANGED;  AND  (II)  A  CERTIF-
ICATION  TO  BE  SIGNED  BY  THE  APPLICANT STATING THAT ALL INFORMATION
CONTAINED IN THEIR STATEMENT IS TRUE AND CORRECT  TO  THE  BEST  OF  THE
APPLICANT'S  KNOWLEDGE  AND BELIEF AND STATING THAT THEY UNDERSTAND THAT
THE WILLFUL MAKING OF ANY FALSE STATEMENT OF MATERIAL FACT THEREIN SHALL
SUBJECT THEM TO THE PROVISIONS OF LAW RELEVANT TO THE MAKING AND  FILING
OF  FALSE  INSTRUMENTS  AND  LOSS  OF THEIR BENEFIT, AND THAT SUBSEQUENT
REAPPLICATION SHALL BE AS A NEW APPLICANT.
  (B) The supervising agency shall approve  or  disapprove  applications
and,  if  it  approves,  shall issue a rent increase exemption order/tax
abatement certificate.  Copies of such order/certificate shall be issued
to the housing company managing the dwelling unit of the  eligible  head
of  the  household,  to  the  eligible  head of the household and to the
collecting officer charged with the duty of collecting the taxes of  the
municipality.
  S  3.  This act shall take effect immediately; provided, however, that
the amendment to subdivision 4 of section 467-b of the real property tax
law made by section one of this act shall not affect the  expiration  of
such section and shall be deemed to expire therewith.

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