NY State Senate Bill S5881B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2018	referred to aging delivered to assembly passed senate
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.92
Jan 03, 2018	referred to housing, construction and community development returned to senate died in assembly
Jun 13, 2017	referred to aging
Jun 12, 2017	delivered to assembly passed senate
Jun 05, 2017	amended on third reading (t) 5881b
May 10, 2017	amended on third reading (t) 5881a
May 09, 2017	ordered to third reading cal.808 committee discharged and committed to rules
May 04, 2017	referred to housing, construction and community development

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S5881 - Details

Current Committee:: Assembly Aging
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-605, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3224
2021-2022: S3920
2023-2024: S5262

S5881 - Summary

Provides retroactivity to the original date of eligibility for the senior citizens rent increase exemption (SCRIE) and disability rent increase exemption (DRIE).

S5881 - Sponsor Memo

 BILL NUMBER:  S5881

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to providing for retroactivity to an original
date of eligibility for the senior citizens rent increase exemption
(SCRIE)

 PURPOSE OR GENERAL IDEA OF BILL :

To provide retroactivity to the original date of eligibility for the
senior citizens rent increase exemption.

 SUMMARY OF PROVISIONS :

Section one provides the short title - the "senior citizens rent
increase exemption (SCRIE) rollback act"

Section two amends Subsection 26-605 of the administrative code of the
city of New York by adding subdivision (c-1). Subdivision (c-1) allows
for any eligible head of household who failed to make timely
application for a rent increase exemption order pursuant to
subdivisions (a) and (b) of this section to have their application
deemed to have occurred on the original date of eligibility and
receive a rent reduction that is retroactive to the original date of
eligibility.

Section three provides the effective date.

 JUSTIFICATION :

The Senior Citizen Rent Increase Exemption (SCRIE) program was
established in 1970 to provide rent exemptions to senior citizens
impacted by rent increases. Under the SCRIE program, eligible
applicants age 62 and older begin to have their rent frozen on the
first day of the month that their application is received. Also as a
provision, the SCRIE program reimburses landlords with real property
tax credits equal to the amount in forgone rent.

Under existing state law, municipalities have the option to provide
the SCRIE program for its senior citizens and decide on the income
eligibility requirements. In New York City, one of 18 municipalities
that offer the SCRIE program, applicants must have an annual income of
$29,000 or less to be considered. Rising living costs have brought
forth rent increases in rent-stabilized and rent-controlled
apartments, and rent-regulated hotel units at a yearly rate of 3.75
percent for a one-year lease and 7.25 percent for a two year lease.

According to the New York City Department of Finance, 47,475 senior
citizen renters were benefiting from the SCRIE program in 2012. Under
current program standards, SCRIE only begins to freeze rent on the
first day of the month that an application is received regardless of
how far past the eligibility age the applicant is at the time of
acceptance. Anecdotal evidence suggests that many admitted senior
citizens were past the eligibility age at the time of acceptance but
have continued to see their rent increase in the years prior to their
enrollment into the program.

This legislation would enact the "SCRIE Rollback Act of 2013" that
would assure that applicants who enrolled in the SCRIE program
subsequent to their eligibility date will receive a rent reduction
beginning with the date of program eligibility. The SCRIE Rollback Act
of 2013 would ensure that seniors are not priced out of the affordable
housing that has been their home during their golden years.

 PRIOR LEGISLATIVE HISTORY :

(2015-2016) A3137 Referred to aging.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately.

S5881 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5881

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 4, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to providing for retroactivity to an original date of eligi-
  bility for the senior citizens rent increase exemption (SCRIE)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "senior
citizens rent increase exemption (SCRIE) rollback act".
  § 2. Section 26-605 of the administrative code of the city of New York
is amended by adding a new subdivision (c-1) to read as follows:
  (C-1) FOR ANY ELIGIBLE HEAD OF HOUSEHOLD WHO  FAILED  TO  MAKE  TIMELY
APPLICATION FOR A RENT INCREASE EXEMPTION ORDER PURSUANT TO SUBDIVISIONS
(A)  AND  (B)  OF THIS SECTION, SUCH APPLICATION SHALL BE DEEMED TO HAVE
OCCURRED ON THE  ORIGINAL  DATE  OF  ELIGIBILITY  FOR  A  RENT  INCREASE
EXEMPTION  ORDER  AND RENT REDUCTION IS RETROACTIVE TO THE ORIGINAL DATE
OF ELIGIBILITY.
  § 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11043-01-7

S5881A - Details

Current Committee:: Assembly Aging
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-605, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3224
2021-2022: S3920
2023-2024: S5262

S5881A - Summary

Provides retroactivity to the original date of eligibility for the senior citizens rent increase exemption (SCRIE) and disability rent increase exemption (DRIE).

S5881A - Sponsor Memo

 BILL NUMBER:  S5881A

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to providing for retroactivity to an original
date of eligibility for the senior citizens rent increase exemption
(SCRIE) and disability rent increase expiration (DRIE)

 PURPOSE OR GENERAL IDEA OF BILL :

To provide retroactivity to the original date of eligibility for the
Senior Citizens Rent Increase Exemption (SCRIE) and the Disability
Rent Increase Exemption (DRIE) programs.

 SUMMARY OF PROVISIONS :

Section 1: Provides the short title - the "senior citizens rent
increase exemption (SCRIE) and disability rent increase exemption
(DRIE) rollback act".

Section 2: Amends Subsection 26-605 of the administrative code of the
City of New York by adding subdivision (c-1), which allows for any
eligible head of household who failed to make timely application for a
rent increase exemption order pursuant to subdivisions (a) and (b) of
this section to have their application deemed to have occurred on the
original date of eligibility and receive a rent reduction that is
retroactive to the original date of eligibility, up to a maximum

look-back period of two years.

Section 3: Sets forth an immediate effective date.

 JUSTIFICATION :

The SCRIE program was established in 1970 to provide rent exemptions
to senior citizens impacted by rent increases. Under the SCRIE
program, eligible applicants age 62 and older have their rent frozen
on the first day of the month following the filing of their original
application. The SCRIE program also reimburses landlords with real
property tax credits equal to the amount in forgone rent.

Likewise, the DRIE program provides an exemption against future rent
increases for eligible disabled persons living in rent-controlled,
rent-stabilized, Mitchell-Lama and other eligible apartments,
beginning on the first of the month following approval of the DRIE
application. Landlords of DRIE tenants will also be given tax credits
to make up the difference between the frozen rent and what the DRIE
tenants would be paying without the benefit.

Under existing state law, municipalities have the option to provide
SCRIE and DRIE benefits to individuals with household incomes of up to
$50,000. In New York City in particular, rising living costs have
brought forth rent increases in rent-stabilized and rent-controlled
apartments, and rent regulated hotel units at a yearly rate of 3.75
percent for a one-year lease and 7.25 percent for a two-year lease.

According to the New York City Department of Finance, 47,475 senior
citizen renters were benefiting from the SCRIE program in 2012. Under
current program standards, SCRIE and DRIE only begins to freeze rent
on the first day of the month that an application is received
regardless of how far past the date of original eligibility that the
applicant is at the time of acceptance. Anecdotal evidence suggests
that many senior citizens and individuals with a disability were past
eligibility at the time of acceptance, but had continued to see their
rent increase in the years prior to their enrollment into the program.

To rectify this reoccurring problem, this bill would make sure that
applicants who enrolled in the SCRIE or DRIE programs after their
original date of eligibility will receive a rent reduction beginning
with the first day that they became eligible for such benefits. The
SCRIE and DRIE rollback would ensure that seniors and individuals with
disabilities receive benefits that they were entitled to, even though
they may have not been officially enrolled in the benefit programs
during a period where they were otherwise eligible to apply for them.

 PRIOR LEGISLATIVE HISTORY :

2017 - S.5881 - New Bill
2015-2016 - A.3137 - Referred to Aging.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately.

S5881A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5881--A
    Cal. No. 808

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 4, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development -- committee discharged and said bill  committed
  to  the  Committee on Rules -- ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to providing for retroactivity to an original date of eligi-
  bility for the senior citizens rent  increase  exemption  (SCRIE)  and
  disability rent increase expiration (DRIE)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "senior
citizens  rent  increase exemption (SCRIE)  and disability rent increase
exemption (DRIE) rollback act".
  § 2. Section 26-605 of the administrative code of the city of New York
is amended by adding a new subdivision (c-1) to read as follows:
  (C-1) FOR ANY ELIGIBLE HEAD OF HOUSEHOLD WHO  FAILED  TO  MAKE  TIMELY
APPLICATION FOR A RENT INCREASE EXEMPTION ORDER PURSUANT TO SUBDIVISIONS
(A)  AND  (B)  OF THIS SECTION, SUCH APPLICATION SHALL BE DEEMED TO HAVE
OCCURRED ON THE  ORIGINAL  DATE  OF  ELIGIBILITY  FOR  A  RENT  INCREASE
EXEMPTION  ORDER  AND RENT REDUCTION IS RETROACTIVE TO THE ORIGINAL DATE
OF ELIGIBILITY; PROVIDED, HOWEVER, THAT SUCH RENT REDUCTION SHALL NOT BE
RETROACTIVELY APPLIED TO ANY PERIOD OF ELIGIBILITY THAT  OCCURRED  PRIOR
TO  THE  TWO-YEAR PERIOD IMMEDIATELY PRECEDING THE FILING OF AN APPLICA-
TION FOR A RENT INCREASE EXEMPTION ORDER.
  § 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11043-02-7

Co-Sponsors

S5881B (ACTIVE) - Details

Current Committee:: Assembly Aging
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-605, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3224
2021-2022: S3920
2023-2024: S5262

S5881B (ACTIVE) - Summary

Provides retroactivity to the original date of eligibility for the senior citizens rent increase exemption (SCRIE) and disability rent increase exemption (DRIE).

S5881B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5881B

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to providing for retroactive benefit
calculation for the senior citizens rent increase exemption and
disability rent increase exemption

 PURPOSE OR GENERAL IDEA OF BILL :

To provide retroactivity to the original date of eligibility for the
Senior Citizens Rent Increase Exemption (SCRIE) and the Disability
Rent Increase Exemption (DRIE) programs.

 SUMMARY OF PROVISIONS :

Section 1: Amends Subsection 26-605 of the administrative code of the
City of New York by adding subdivision (c-1), which allows for any
eligible head of household who submits an application for a rent
increase exemption order pursuant to subdivisions (a) and (b) of this
section to have their application deemed to have occurred on the:

-the date of the applicant's initial eligibility for a rent increase
order, if the date of submission is two years or less after such date
of initial eligibility; or

-the date of which is two years prior to the actual date of the

submission of the application, if such application is submitted more
than two years after the applicant's date of initial eligibility for a
rent increase exemption order.

Also provides that the rent increase exemption shall be based upon the
applicant's initial date of eligibility and not upon the date of
application, and that no prior rental payments attributable to rent
increases prior to the date of application shall be subject to
recoupment.

Section 2: Sets forth an immediate effective date.

 JUSTIFICATION :

The SCRIE program was established in 1970 to provide rent exemptions
to senior citizens impacted by rent increases. Under the SCRIE
program, eligible applicants age 62 and older have their rent frozen
on the first day of the month following the filing of their original
application. The SCRIE program also reimburses landlords with real
property tax credits equal to the amount in forgone rent.

Likewise, the DRIE program provides an exemption against future rent
increases for eligible disabled persons living in rent-controlled,
rent-stabilized, Mitchell-Lama and other eligible apartments,
beginning on the first of the month following approval of the DRIE
application. Landlords of DRIE tenants will also be given tax credits
to make up the difference between the frozen rent and what the DRIE
tenants would be paying without the benefit.

Under existing state law, municipalities have the option to provide
SCRIE and DRIE benefits to individuals with household incomes of up to
$50,000. In New York City in particular, rising living costs have
brought forth rent increases in rent-stabilized and rent-controlled
apartments, and rent regulated hotel units at a yearly rate of 3.75
percent for a one-year lease and 7.25 percent for a two-year lease.

According to the New York City Department of Finance, 47,475 senior
citizen renters were benefiting from the SCRIE program in 2012. Under
current program standards, SCRIE and DRIE only begins to freeze rent
on the first day of the month that an application is received
regardless of how far past the date of original eligibility that the
applicant is at the time of acceptance. Anecdotal evidence suggests
that many senior citizens and individuals with a disability were past
eligibility at the time of acceptance, but had continued to see their
rent increase in the years prior to their enrollment into the program.

To rectify this reoccurring problem, this bill would make sure that
applicants who enrolled in the SCRIE or DRIE programs after their
original date of eligibility will receive a rent reduction beginning
with the first day that they became eligible for such benefits. The
SCRIE and DRIE rollback would ensure that seniors and individuals with
disabilities receive benefits that they were entitled to, even though
they may have not been officially enrolled in the benefit programs
during a period where they were otherwise eligible to apply for them.

 PRIOR LEGISLATIVE HISTORY :

2017 - S.5881 - New Bill
2015-2016 - A.3137 - Referred to Aging.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately.

S5881B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5881--B
    Cal. No. 808

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 4, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development -- committee discharged and said bill  committed
  to  the  Committee on Rules -- ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  --  again  amended  and  ordered reprinted, retaining its place in the
  order of third reading

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  providing  for  retroactive  benefit calculation for the
  senior citizens rent increase exemption and disability  rent  increase
  exemption

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 26-605 of the administrative code of  the  city  of
New  York  is  amended  by  adding  a  new  subdivision (c-1) to read as
follows:
  (C-1) FOR ANY ELIGIBLE HEAD OF HOUSEHOLD WHO  SUBMITS  AN  APPLICATION
FOR  A  RENT INCREASE EXEMPTION ORDER PURSUANT TO SUBDIVISION (A) OR (B)
OF THIS SECTION, THE DATE OF SUCH APPLICATION SHALL BE DEEMED TO BE  (I)
THE  DATE  OF  THE  APPLICANT'S  INITIAL ELIGIBILITY FOR A RENT INCREASE
EXEMPTION ORDER, IF THE ACTUAL DATE OF SUBMISSION OF THE APPLICATION  IS
TWO  YEARS  OR  LESS AFTER SUCH DATE OF INITIAL ELIGIBILITY, OR (II) THE
DATE WHICH IS TWO YEARS PRIOR TO THE ACTUAL DATE OF  THE  SUBMISSION  OF
THE  APPLICATION,  IF  SUCH APPLICATION IS SUBMITTED MORE THAN TWO YEARS
AFTER THE APPLICANT'S  DATE OF INITIAL ELIGIBILITY FOR A  RENT  INCREASE
EXEMPTION  ORDER,  AND  THE CALCULATION OF SUCH RENT INCREASE EXEMPTION,
PROSPECTIVELY, SHALL BE BASED  UPON  THE  APPLICANT'S  INITIAL  DATE  OF
ELIGIBILITY  AND NOT UPON THE DATE OF SUCH APPLICATION, PROVIDED, HOWEV-
ER, THAT THE PROVISIONS OF THIS SUBDIVISION  SHALL  ONLY  APPLY  TO  THE
CALCULATION OF BENEFITS AND NO PRIOR RENTAL PAYMENTS ATTRIBUTABLE TO ANY
RENT  INCREASE  PRIOR  TO  THE  DATE  OF APPLICATION SHALL BE SUBJECT TO
RECOUPMENT.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11043-04-7

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The New York State Senate

senate Bill S5881B

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 5, 2018 - floor Vote

Floor Vote: Mar 5, 2018

Jan 9, 2018 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Jan 9, 2018

Jun 12, 2017 - floor Vote

Floor Vote: Jun 12, 2017

May 9, 2017 - Rules committee Vote

Committee Vote: May 9, 2017

Bill Amendments

S5881 - Details

S5881 - Summary

S5881 - Sponsor Memo

S5881 - Bill Text download pdf

S5881A - Details

S5881A - Summary

S5881A - Sponsor Memo

S5881A - Bill Text download pdf

Co-Sponsors

S5881B (ACTIVE) - Details

S5881B (ACTIVE) - Summary

S5881B (ACTIVE) - Sponsor Memo

S5881B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5881B

Share this bill

Sponsored By

Marisol Alcantara

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 5, 2018 - floor Vote

Floor Vote: Mar 5, 2018

Jan 9, 2018 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Jan 9, 2018

Jun 12, 2017 - floor Vote

Floor Vote: Jun 12, 2017

May 9, 2017 - Rules committee Vote

Committee Vote: May 9, 2017

Bill Amendments

S5881 - Details

S5881 - Summary

S5881 - Sponsor Memo

S5881 - Bill Text download pdf

S5881A - Details

S5881A - Summary

S5881A - Sponsor Memo

S5881A - Bill Text download pdf

Co-Sponsors

Luis R. Sepúlveda

S5881B (ACTIVE) - Details

S5881B (ACTIVE) - Summary

S5881B (ACTIVE) - Sponsor Memo

S5881B (ACTIVE) - Bill Text download pdf

Comments