Senate Bill S4913

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4913
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sens. DIAZ, AVELLA, HOYLMAN, MONTGOMERY -- 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 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
 of  false  instruments  and  loss  of their benefit, and that subsequent
 reapplication shall be as a new applicant.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03557-01-7
              

 S. 4913                             2
 
   (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
 added 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
 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

 S. 4913                             3
 
 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.