NY State Senate Bill 2017-S5226

Senate Bill S5226

2017-2018 Legislative Session

Reduces from one-third to one-fourth of income the applicability of the senior citizens' rent increase exemption

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to aging
Mar 16, 2017	referred to aging

2017-S5226 (ACTIVE) - Details

See Assembly Version of this Bill:: A1104
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1382
2011-2012: S1786
2013-2014: S644
2015-2016: S3165, A10124
2019-2020: S2944, A1495

2017-S5226 (ACTIVE) - Summary

Provides that the tax abatements for certain rent-controlled and rent-regulated property occupied by senior citizens commonly known as the senior citizens' rent increase exemption (SCRIE) shall be applicable where the rent constitutes more than one-fourth rather than one-third of the tenant's income.

2017-S5226 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5226

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to the income level for the applicability of the senior
citizens' rent increase exemption

 PURPOSE OR GENERAL IDEA OF BILL :

Reduces from one-third to one-fourth of income the applicability of
the senior citizen's rent increase exemption.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision 2 and subparagraph 3 of paragraph d of
subdivision 3 of section 467-b of the real property tax law,
subdivision 2 as amended by chapter 747 of the laws of 1985, paragraph
(c) of subdivision 2 as added and subparagraph 3 of paragraph d of
subdivision 3 as amended by chapter 553 of the laws of 2015 are
amended.

One of the criteria that must be met in order to be eligible for the
senior citizen's rent increase exemption(SCRIE) deals with household
income. At least one-third of a senior's income must be used for rent
in order to be eligible for SCRIE. This criteria would be lowered to
include seniors who pay at least one-fourth of their income for rent.

 JUSTIFICATION :

SCRIE was established in 1979 to allow senior citizens an exemption
from rent increases if specific criteria are met. They must reside in
rent controlled, rent stabilized or Mitchell-Lama housing, be at least
62 years of age, have household incomes of no more than $50,000 (as of
July 1, 2014 per NYC DHCR fact sheet #21)and pay at least one-third of
their income for rent.

The problem lies in the requirement that one-third of household income
be used for rent. Many seniors do not meet that requirement and are
subject to high rents and rent increases. This bill will lower the
requirement to one-fourth and allow more seniors to become eligible
for SCRIE.

 PRIOR LEGISLATIVE HISTORY :

This legislation was previously introduced.

 FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately; provided that the amendments
made to section 467-b of the real property tax law made by section one
of this act shall not affect the expiration of and shall expire
therewith.

2017-S5226 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5226
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  the  income
   level  for  the  applicability  of  the senior citizens' rent increase
   exemption

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 and subparagraph 3 of paragraph d of subdivi-
 sion  3  of section 467-b of the real property tax law, subdivision 2 as
 amended by chapter 747 of the laws of 1985, paragraph (c) of subdivision
 2 as added and subparagraph 3 of paragraph d of subdivision 3 as amended
 by chapter 553 of the laws of 2015, and  paragraph (d) of subdivision  2
 as  added  by  chapter  343  of the laws of 2016, are amended to read as
 follows:
   2. The governing body of any municipal corporation is  hereby  author-
 ized  and  empowered  to adopt, after public hearing, in accordance with
 the provisions of this section, a local  law,  ordinance  or  resolution
 providing  for  the  abatement  of  taxes  of said municipal corporation
 imposed on real property containing a dwelling unit as defined herein by
 one of the following amounts:
   (a) where the head of the household does not receive a monthly  allow-
 ance  for  shelter pursuant to the social services law, an amount not in
 excess of that portion of any increase in maximum rent  or  legal  regu-
 lated  rent  which  causes  such maximum rent or legal regulated rent to
 exceed [one-third] ONE-FOURTH of the combined income of all  members  of
 the household; or
   (b)  where  the head of the household receives a monthly allowance for
 shelter pursuant to the social services law, an amount not in excess  of
 that  portion  of  any  increase in maximum rent or legal regulated rent
 which is not covered by the maximum allowance  for  shelter  which  such
 person is entitled to receive pursuant to the social services law.

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

                                                            LBD05598-01-7

 S. 5226                             2
 
   (c)  Provided,  however, that in a city of a population of one million
 or more, where the head of 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  fifteen,
 the  amount  determined by paragraph (a) of this subdivision shall be an
 amount not in excess of the difference between the maximum rent or legal
 regulated rent and the amount specified in such order,  as  adjusted  by
 any other provision of this section.
   (d)  (1)  Provided,  however,  that in a city with a population of one
 million or more, a head  of  the  household  who  has  received  a  rent
 increase exemption order that has expired and who, upon renewal applica-
 tion  for  the  period  commencing immediately after such expiration, is
 determined to be ineligible for a rent increase exemption order  because
 the  combined income of all members of the household exceeds the maximum
 amount allowed by this section or the maximum rent  or  legal  regulated
 rent  does  not  exceed [one-third] ONE-FOURTH of the combined income of
 all members of the household, may submit a new  application  during  the
 following  calendar  year,  and if such head of the household receives a
 rent increase exemption order that commences during such calendar  year,
 the  tax  abatement amount for such order shall be calculated as if such
 prior rent increase exemption order had not  expired.  However,  no  tax
 abatement benefits may be provided for the period of ineligibility.
   (2) No head of the household may receive more than three rent increase
 exemption  orders calculated as if a prior rent increase exemption order
 had not expired, as described in subparagraph one of this paragraph.
   (3) where the head of the household does not receive a monthly  allow-
 ance  for  shelter  pursuant  to  the social services law, the amount by
 which the maximum rent or legal regulated rent of the subsequent  dwell-
 ing  unit  exceeds  [one-third] ONE-FOURTH of the combined income of all
 members of the household, except that this subparagraph shall not  apply
 to  a  head  of  the  household  who  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 fifteen.
   § 2.  This act shall take effect immediately; provided that the amend-
 ments  to 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
 expire therewith.

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