S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4214
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Aging
 
 AN ACT to amend the real property tax law,  in  relation  to  redetermi-
   nation  based  on  income  for a 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 chapter 553 of the laws of 2015, 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
 INCREASE OR decrease in the combined income of all members of the house-
 hold in an amount which exceeds twenty percent of such income as repres-
 ented in such head of the household's last approved  application  for  a
 tax  abatement  certificate  or  for  renewal  thereof, such head of the
 household may apply for a redetermination of the amount set forth there-
 in. SUCH DETERMINATION MAY ALSO BE UNDERTAKEN BY THE CITY  RENT  AGENCY.
 Upon [application] REDETERMINATION, 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, howev-
 er, that in no event shall the amount of the adjusted rent  be  redeter-
 mined  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 unless such head of the household  has  been  granted  a  rent
 increase  exemption  order  that  is  in effect as of January first, two
 thousand fifteen or takes effect on or before July first,  two  thousand
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05352-01-7

 A. 4214                             2
 
 fifteen;  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. For purposes of this para-
 graph, 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,  nine-
 teen  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.
   §  2. This act shall take effect immediately, provided that the amend-
 ments to paragraph g of subdivision 3 of section 467-b of the real prop-
 erty tax law, made by section one of this  act,  shall  not  affect  the
 expiration of such section and shall be deemed to expire therewith.