S T A T E O F N E W Y O R K
________________________________________________________________________
3627
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. DINOWITZ, BENEDETTO, GOTTFRIED, ROSENTHAL,
ABBATE, COOK, CRESPO, PERRY, WRIGHT, RIVERA, SIMANOWITZ, WEPRIN,
COLTON, SEAWRIGHT -- Multi-Sponsored by -- M. of A. DenDEKKER,
FARRELL, GLICK, HEVESI, McDONOUGH, M. G. MILLER, OAKS, TITONE -- read
once and referred to the Committee on Aging
AN ACT to amend the real property tax law, in relation to renewal
notices for applications under the SCRIE program
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 442 of the laws of 2016, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03557-03-7
A. 3627 2
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
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. THE APPROPRIATE RENT
CONTROL AGENCY OR ADMINISTRATIVE AGENCY SHALL SEND A NOTICE OF REQUIRED
RENEWAL TO EACH HEAD OF HOUSEHOLD CURRENTLY RECEIVING AN EXEMPTION UNDER
THIS SECTION VIA UNITED STATES POSTAL SERVICE TO THEIR PRIMARY RESIDENCE
NO LESS THAN THIRTY DAYS PRIOR TO THE APPLICATION RENEWAL DATE.
§ 2. Subdivision 4 of section 467-b of the real property tax law, as
added by chapter 689 of the laws of 1972, is amended to read as follows:
4. The head of the household must apply each year to the appropriate
rent control agency for a tax abatement certificate on a form prescribed
by said agency. A tax abatement certificate setting forth an amount not
in excess of the increase in maximum rent for the taxable period shall
be issued by said agency to each head of the 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
city, town or village 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
city, town or village which has granted the abatement of taxes author-
ized by this section. THE APPROPRIATE RENT CONTROL AGENCY OR ADMINIS-
TRATIVE AGENCY SHALL SEND A NOTICE OF REQUIRED RENEWAL TO EACH HEAD OF
HOUSEHOLD CURRENTLY RECEIVING AN EXEMPTION UNDER THIS SECTION VIA UNITED
STATES POSTAL SERVICE TO THEIR PRIMARY RESIDENCE NO LESS THAN THIRTY
DAYS PRIOR TO THE APPLICATION RENEWAL DATE.
§ 3. Subdivision 4 of section 467-c of the real property tax law, as
amended by chapter 442 of the laws of 2016, 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
A. 3627 3
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. THE APPROPRIATE SUPERVISING AGENCY SHALL SEND A NOTICE OF
REQUIRED RENEWAL TO EACH HEAD OF HOUSEHOLD CURRENTLY RECEIVING AN
EXEMPTION UNDER THIS SECTION VIA UNITED STATES POSTAL SERVICE TO THEIR
PRIMARY RESIDENCE NO LESS THAN THIRTY DAYS PRIOR TO THE APPLICATION
RENEWAL DATE.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments to section 467-b of the
real property tax law made by section one of this act shall be subject
to the expiration and reversion of such section pursuant to section 17
of chapter 576 of the laws of 1974, as amended, when upon such date the
provisions of section two of this act shall take effect.