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.