NY State Senate Bill 2017-S4567

Senate Bill S4567

Signed By Governor

2017-2018 Legislative Session

Relates to outreach, status and time limits relating to the tax abatement program

download bill text pdf

Archive: Last Bill Status Via A6037 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	signed chap.464
Dec 17, 2018	delivered to governor
Jun 19, 2018	returned to assembly passed senate 3rd reading cal.1935 substituted for s4567
Jun 19, 2018	substituted by a6037 ordered to third reading cal.1935 referred to rules
May 08, 2018	reported and committed to finance
Jan 03, 2018	referred to aging
Feb 17, 2017	referred to aging

Votes

- Jun 19, 2018 - Floor Vote
  A6037
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 19, 2018 - Rules Committee Vote
  S4567
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Griffo
      
      LaValle
  May 8, 2018 - Aging Committee Vote
  S4567
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: May 8, 2018
      
      aye (11)
      
      Addabbo Jr.
      
      Alcantara
      
      Avella
      
      Benjamin
      
      Brooks
      
      Felder
      
      Funke
      
      Golden
      
      LaValle
      
      Marchione
      
      Serino

2017-S4567 (ACTIVE) - Details

See Assembly Version of this Bill:: A6037
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9205
2013-2014: A1859
2015-2016: A5332

2017-S4567 (ACTIVE) - Summary

Relates to outreach, status and time limits relating to the tax abatement program for rent-controlled and rent-regulated property occupied by senior citizens or persons with disabilities.

2017-S4567 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4567

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to outreach, status and time limits relating to the tax
abatement program for rent-controlled and rent-regulated property
occupied by senior citizens or persons with disabilities

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require municipalities that have the Senior Citizen
Rent Increase Exemption (SCRIE) and Disabled Rent Increase Exemption
(DRIE) programs to conduct outreach in the community to ensure
individuals who may be eligible are aware that they can apply.

This bill would also require implementation of a mechanism for
applicants and participant to determine the status of their exemptions
and would set time limits within which the municipal agency operating
the program must respond to applicants and participants when forms are
submitted.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 467-b of the Real Property Tax
Law to add three new subdivision, 11, 12, and 13. This section has
three main parts that would:

*Require any entity that operates the SCRIE/DRIE program to implement
a program of outreach initiatives in the community to encourage
individuals who may be eligible to apply for the program;

*Require the development of a mechanism applicants and participants
could use to determine the status of their exemptions and any forms
they have filed; and

*Set specific time limits within which the municipal agency operating
the SCRIE/DRIE program would be required to act. The agency would be
required to send an acknowledgement of the receipt of a form within
ten days of receiving the form. The agency then would have thirty days
to act on the form by either approving or rejecting the form or
requesting further information. If a request for further information
were issued, the agency would have fifteen days to act on the form
once the additional information was received.

Section 2 of this bill provides that this act shall take effect
immediately, provided, however, that the amendments 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 be deemed to expire
therewith.

 JUSTIFICATION :

SCRIE is an extremely important benefit for seniors and persons with
disabilities living on fixed incomes when costs are rising for
everything from housing to medications to food. Unfortunately, many
seniors and persons with disabilities who could be receiving a break
on their rent through this program do not even know it exists. It is
very important that we get the word out so that those who need the
benefit can apply.

Also, time and again we hear that applicants don't know the status of
their applications as they wait for months or send in multiple
applications in the hopes of hearing back. Participants also have
problems with their renewals being delayed and their rent in danger of
skyrocketing. A simple system to check the status of an abatement or
form filed is important to make sure things are not lost and to avoid
confusion.
One of the most egregious situations faced by applicants and
participants is waiting months to hear anything back regarding their
paperwork. Many individuals face rent increases because applications
are not processed in a timely fashion. Time restrictions are necessary
to make sure applicants and participants aren't waiting six months or
more just to find out the status of their paperwork.

 PRIOR LEGISLATIVE HISTORY :

2014: S.7057-B - Vetoed Memo. 530
2012: S.6592 - Senate Finance

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, provided, however, that the
amendments 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 be deemed to expire therewith.

2017-S4567 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4567
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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  outreach,
   status and time limits relating to the tax abatement program 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.  Section  467-b of the real property tax law is amended by
 adding three new subdivisions 11, 12 and 13 to read as follows:
   11. AN ENTITY THAT ADMINISTERS THE TAX ABATEMENT PROGRAM  PURSUANT  TO
 THIS  SECTION  SHALL  IMPLEMENT  AND  ADMINISTER A PROGRAM THAT DEVELOPS
 OUTREACH INITIATIVES TO IDENTIFY INDIVIDUALS WHO  MEET  THE  ELIGIBILITY
 CRITERIA  FOR THE TAX ABATEMENT PROGRAM WHO ARE NOT PARTICIPATING IN THE
 PROGRAM AND ENSURE THAT THEY HAVE INFORMATION REGARDING THE  TAX  ABATE-
 MENT  PROGRAM.    SUCH  OUTREACH  PROGRAM  MAY INCLUDE, BUT SHALL NOT BE
 LIMITED TO,  MAILINGS,  ADVERTISEMENTS,  PUBLIC  SERVICE  ANNOUNCEMENTS,
 LITERATURE  DISSEMINATION,  INTERNET TECHNOLOGY, SOCIAL MEDIA, COMMUNITY
 OUTREACH, AND PARTNERSHIPS WITH OTHER MUNICIPAL ENTITIES  AND  AGENCIES.
 AN  ENTITY  THAT  ADMINISTERS THE TAX ABATEMENT PROGRAM MAY CONSULT WITH
 ANY OTHER PERSON OR ENTITY DEEMED  PERTINENT  TO  DEVELOP  THE  OUTREACH
 INITIATIVE.
   12. ANY MUNICIPALITY THAT ADOPTS A LOCAL LAW, RESOLUTION, OR ORDINANCE
 PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION SHALL DEVELOP A PROGRAM TO
 ALLOW APPLICANTS AND PARTICIPANTS TO ASCERTAIN THE  STATUS  OF  ANY  TAX
 ABATEMENT  OR  THE STATUS OF ANY FORM THAT HAS BEEN FILED BY SUCH APPLI-
 CANT OR PARTICIPANT ON THE APPLICANT OR PARTICIPANT'S BEHALF PURSUANT TO
 THIS SECTION. SUCH PROGRAM  SHALL  INCLUDE  PROVISIONS  TO  ENSURE  THAT
 APPLICANTS  AND  PARTICIPANTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH, WHO
 MAY HAVE COMMUNICATION RESTRICTIONS DUE TO PARTIAL OR  TOTAL  BLINDNESS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06951-01-7

 S. 4567                             2
 
 DEAFNESS,  SPEECH  IMPEDIMENT,  OR COGNITIVE IMPAIRMENT, AND/OR WHO LACK
 ACCESS TO THE INTERNET MAY ASCERTAIN SUCH STATUS.
   13. A. WITHIN TEN DAYS OF RECEIVING ANY FORM FOR APPLICATION, RENEWAL,
 OR  ADJUSTMENT  OF  ABATEMENT  FOR  THE  TAX ABATEMENT PROGRAM, A LETTER
 ACKNOWLEDGING RECEIPT OF SUCH FORM SHALL BE SENT TO THE APPLICANT.  SUCH
 LETTER SHALL INCLUDE THE DATE THE FORM WAS RECEIVED.
   B.  WITHIN  THIRTY  DAYS  OF  THE RECEIPT OF AN APPLICATION OR RENEWAL
 APPLICATION FROM AN APPLICANT,  THE  ENTITY  THAT  ADMINISTERS  THE  TAX
 ABATEMENT  PROGRAM  SHALL APPROVE THE APPLICATION OR RENEWAL APPLICATION
 FOR THE TAX ABATEMENT PROGRAM, DENY THE APPLICATION OR RENEWAL  APPLICA-
 TION  FOR  THE  TAX ABATEMENT PROGRAM, OR REQUEST FURTHER INFORMATION OR
 DOCUMENTATION FROM THE APPLICANT. IF  A  REQUEST  IS  MADE  FOR  FURTHER
 INFORMATION OR DOCUMENTATION, THE ENTITY THAT ADMINISTERS THE TAX ABATE-
 MENT  PROGRAM SHALL HAVE FIFTEEN DAYS AFTER SUCH INFORMATION OR DOCUMEN-
 TATION REQUESTED IS RECEIVED BY THE ENTITY TO EITHER APPROVE OR DENY THE
 APPLICATION OR RENEWAL APPLICATION.
   C. WITHIN THIRTY DAYS OF THE RECEIPT OF ANY FORM OTHER THAN AN  APPLI-
 CATION  OR  RENEWAL  APPLICATION FORM FROM AN APPLICANT, THE ENTITY THAT
 ADMINISTERS THE PROGRAM SHALL ACT ON SUCH FORM.
   D. WITHIN TEN DAYS OF APPROVING OR REJECTING AN APPLICATION OR RENEWAL
 APPLICATION PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION OR  ACTING  UPON
 ANY  OTHER  FORM  PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION, A WRITTEN
 NOTIFICATION SHALL BE SENT TO THE INDIVIDUAL WHO MADE  SUCH  APPLICATION
 OR  RENEWAL  APPLICATION  OR  SENT  SUCH FORM. SUCH WRITTEN NOTIFICATION
 SHALL INCLUDE THE ACTION TAKEN  BY  THE  ENTITY  ADMINISTERING  THE  TAX
 ABATEMENT  PROGRAM,  THE  DATE  SUCH  ACTION WAS TAKEN, WHAT RECOURSE IS
 AVAILABLE SHOULD THE INDIVIDUAL BE DISSATISFIED WITH  SUCH  ACTION,  AND
 HOW TO PURSUE THE RECOURSE AVAILABLE.
   §  2.  This act shall take effect immediately, provided, however, that
 the amendments 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 be deemed to expire therewith.

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