S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1495
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M. of A. RICHARDSON, CARROLL, HYNDMAN, RIVERA, L. ROSEN-
   THAL, ORTIZ, COLTON, WALKER, BLAKE, NIOU, SEAWRIGHT, BARRON --  Multi-
   Sponsored by -- M. of A. JONES, SIMON -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04449-01-9

 A. 1495                             2
 
 which  is  not  covered  by the maximum allowance for shelter which such
 person is entitled to receive pursuant to the social services law.
   (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.