NY State Senate Bill 2019-S6210

Senate Bill S6210

2019-2020 Legislative Session

Relates to notice regarding the rent increase exemption for low income elderly persons and persons with disabilities programs

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
May 23, 2019	referred to housing, construction and community development

co-Sponsors

2019-S6210 (ACTIVE) - Details

See Assembly Version of this Bill:: A7730
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Add §26-605.2, NYC Ad Cd; amd §§467-b & 467-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S512, A719
2023-2024: S429, A679

2019-S6210 (ACTIVE) - Summary

Requires certain agencies and individuals to provide notice regarding the rent increase exemption for low income elderly persons and persons with disabilities programs to tenants upon the occurrence of certain events.

2019-S6210 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6210

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York and the real property tax law, in relation to notice regarding
the rent increase exemption for low income elderly persons and persons
with disabilities programs

 
PURPOSE:

This bill relates to notice regarding the rent increase exemption for
low income elderly persons and persons with disabilities programs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the administrative code of the city of New York by
adding a new section 26-605.2.

Section two amends subdivision three of section 467-b of the real prop-
erty tax law by adding anew paragraph j.

Section three amends subdivision three of section 467-c of the real
property tax law by adding a new paragraph e.

Section four sets forth the effective date.

 
JUSTIFICATION:

The Senior Citizen Rent Increase Exemption (SCRIE) and Disability Rent
Increase Exemption (DRIE) programs, collectively known as the Rent
Freeze programs, freeze the rent of eligible senior citizens or disabled
individuals who are over the age of 65 or have a qualifying disability,
have an annual income of $50,000 or less, live in a rent-stabilized,
rent-controlled or other eligible affordable housing unit and spend a
third of their household income or more on their rent.  Together, these
programs have helped thousands of vulnerable tenants who live on low,
fixed incomes remain in their homes.

Despite their efficacy, the Rent Freeze programs remain woefully under-
subscribed. According to a report by New York City Comptroller Scott
Stringer, only 49% of all eligible individuals are enrolled in SCRIE or
DRIE. The report estimated that more than 121,000 seniors and just under
35,000 disabled were eligible but not enrolled in SCRIE or DRIE respec-
tively. The.number of working seniors in New York City grew by 62%
between 2005 and 2015. Providing seniors and people with disabilities
with rent increase relief will help them to stay in their homes and to
spend their golden years relaxing instead of worrying about how they are
going to pay their bills.

This legislation will help increase enrollment in the SCRIE and DRIE
programs by requiring agencies of New York City and New York State that
regularly and officially interact with tenants regarding their leases to
provide tenants with notification of their potential eligibility for
SCRIE and DRIE.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law; provided, however, that the amendments to section 467-b of
the real property tax law made by section two of this act shall not
affect the expiration of such section and shall expire therewith. Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and implemented on or before
such effective date.

2019-S6210 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6210
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 and the
   real property tax law,  in  relation  to  notice  regarding  the  rent
   increase  exemption  for  low  income elderly persons and persons with
   disabilities programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 26-605.2 to read as follows:
   § 26-605.2 REQUIRED NOTICE. (A) A TENANT RESIDING IN A  DWELLING  UNIT
 SUBJECT  TO  THE  PROVISIONS OF THIS CHAPTER SHALL BE FURNISHED A NOTICE
 INFORMING SUCH TENANT ABOUT HIS OR HER POTENTIAL ELIGIBILITY FOR A  RENT
 INCREASE  EXEMPTION  PURSUANT  TO THIS CHAPTER AND THE REAL PROPERTY TAX
 LAW. THE FORM AND CONTENT OF SUCH NOTICE SHALL  BE  PROMULGATED  BY  THE
 COMMISSIONER OF FINANCE AND SHALL INCLUDE THE STATEMENT:
   "YOU  MAY  BE  ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
 OVER OR DISABLED, HAVE AN ANNUAL HOUSEHOLD INCOME OF $50,000 OR LESS AND
 PAY MORE THAN ONE-THIRD OF YOUR INCOME TOWARD YOUR RENT. FOR MORE INFOR-
 MATION ABOUT YOUR ELIGIBILITY TO HAVE YOUR  RENT  FROZEN,  CALL  311  OR
 VISIT (INSERT URL OF THE CURRENT WEBSITE OF THE AGENCY DESIGNATED)."
   (B)  THE  NOTICE  REQUIRED BY SUBDIVISION (A) OF THIS SECTION SHALL BE
 FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME  TIME  AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (1)  THE  STATE  COMMISSIONER  OF  HOUSING AND COMMUNITY RENEWAL SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT  DUE  TO  A  MAJOR
 CAPITAL IMPROVEMENT;
   (II)  A  RENT  INCREASE  PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
 HOUSING FINANCE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06058-03-9

 S. 6210                             2
 
   (III) RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION  THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV)  FOR  DWELLING  UNITS  SUBJECT  TO CHAPTER THREE OF THIS TITLE, A
 MAXIMUM BASE RENT ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO
 PARAGRAPH ONE OF SUBDIVISION G OF SECTION 26-405 OF THIS TITLE.
   (2) THE COMMISSIONER OF HOUSING  PRESERVATION  AND  DEVELOPMENT  SHALL
 PROVIDE  SUCH  NOTICE  TO  A  TENANT WHEN A LEASE RIDER IS REQUIRED BY 9
 NYCRR 2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE  PROVIDING
 FOR  AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR BUILDINGS
 RECEIVING BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF  THE
 REAL PROPERTY TAX LAW.
   (3)  THE  LANDLORD  OF  A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II) UPON THE  ANNUAL  REGISTRATION  OF  A  HOUSING  ACCOMMODATION  AS
 REQUIRED BY SECTION 26-517 OF THIS TITLE.
   (C)  WHEN  NOTICE  IS  FURNISHED  PURSUANT  TO PARAGRAPH ONE OR TWO OF
 SUBDIVISION (B) OF THIS SECTION,  SUCH  NOTICE  SHALL  INCLUDE  SPECIFIC
 INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
   §  2.  Subdivision  3 of section 467-b of the real property tax law is
 amended by adding a new paragraph j to read as follows:
   J. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  TENANT
 RESIDING  IN  A  DWELLING UNIT SUBJECT TO THE PROVISIONS OF THIS SECTION
 SHALL BE FURNISHED A NOTICE INFORMING  SUCH  TENANT  ABOUT  HIS  OR  HER
 POTENTIAL  ELIGIBILITY  FOR  A  RENT INCREASE EXEMPTION PURSUANT TO THIS
 SECTION.  THE FORM AND CONTENT OF SUCH NOTICE SHALL  BE  PROMULGATED  BY
 THE  STATE  COMMISSIONER  OF  TAXATION AND FINANCE AND SHALL INCLUDE THE
 STATEMENT:
   "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE  AGED  62  OR
 OVER  OR  DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN
 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE  INFORMATION  ABOUT
 YOUR  ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF
 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE  CURRENT  WEBSITE  OF
 THE AGENCY DESIGNATED)."
   (2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
 FURNISHED  BY  THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME TIME AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (A) THE STATE COMMISSIONER OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I)  RECEIPT  OF  AN  APPLICATION FOR A RENT ADJUSTMENT DUE TO A MAJOR
 CAPITAL IMPROVEMENT;
   (II) A RENT INCREASE PURSUANT TO SECTION  THIRTY-ONE  OF  THE  PRIVATE
 HOUSING FINANCE LAW;
   (III)  RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV) FOR DWELLING UNITS SUBJECT TO CHAPTER THREE OF  TITLE  TWENTY-SIX
 OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE RENT
 ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE  OF
 SUBDIVISION  G  OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK.
   (B) THE COMMISSIONER OF HOUSING  PRESERVATION  AND  DEVELOPMENT  SHALL
 PROVIDE  SUCH  NOTICE  TO  A  TENANT WHEN A LEASE RIDER IS REQUIRED BY 9
 NYCRR 2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE  PROVIDING
 FOR  AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR BUILDINGS
 RECEIVING BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THIS
 TITLE.

 S. 6210                             3
 
   (C) THE LANDLORD OF A DWELLING UNIT SHALL PROVIDE  SUCH  NOTICE  TO  A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II)  UPON  THE  ANNUAL  REGISTRATION  OF  A  HOUSING ACCOMMODATION AS
 REQUIRED BY SECTION 26-517 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK.
   (3) WHEN NOTICE IS FURNISHED PURSUANT TO ITEM (I) OR  (II)  OF  CLAUSE
 (A)  OF  SUBPARAGRAPH  TWO  OF THIS PARAGRAPH, SUCH NOTICE SHALL INCLUDE
 SPECIFIC INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
   § 3. Subdivision 3 of section 467-c of the real property  tax  law  is
 amended by adding a new paragraph e to read as follows:
   E.  (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TENANT
 RESIDING IN A DWELLING UNIT SUBJECT TO THE PROVISIONS  OF  THIS  SECTION
 SHALL  BE  FURNISHED  A  NOTICE  INFORMING  SUCH TENANT ABOUT HIS OR HER
 POTENTIAL ELIGIBILITY FOR A RENT INCREASE  EXEMPTION  PURSUANT  TO  THIS
 SECTION.    THE  FORM AND CONTENT OF SUCH NOTICE SHALL BE PROMULGATED BY
 THE STATE COMMISSIONER OF TAXATION AND FINANCE  AND  SHALL  INCLUDE  THE
 STATEMENT:
   "YOU  MAY  BE  ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY  MORE  THAN
 ONE-THIRD  OF  YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT
 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER  OF
 THE  AGENCY  DESIGNATED)  OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF
 THE AGENCY DESIGNATED)."
   (2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
 FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME  TIME  AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (A)  THE  STATE  COMMISSIONER  OF  HOUSING AND COMMUNITY RENEWAL SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT  DUE  TO  A  MAJOR
 CAPITAL IMPROVEMENT;
   (II)  A  RENT  INCREASE  PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
 HOUSING FINANCE LAW;
   (III) RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION  THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV)  FOR  DWELLING UNITS SUBJECT TO CHAPTER THREE OF TITLE TWENTY-SIX
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE  RENT
 ADJUSTMENT  OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE OF
 SUBDIVISION G OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF  THE  CITY
 OF NEW YORK.
   (B)  THE  LANDLORD  OF  A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II) UPON THE ANNUAL REGISTRATION OF A HOUSING ACCOMMODATION.
   (3) WHEN NOTICE IS FURNISHED PURSUANT TO CLAUSE  (A)  OF  SUBPARAGRAPH
 TWO OF THIS PARAGRAPH, SUCH NOTICE SHALL INCLUDE SPECIFIC INFORMATION AS
 TO THE AGENCY PROVIDING SUCH NOTICE.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that  the  amendments  to  section
 467-b of the real property tax law made by section two of this act shall
 not  affect  the  expiration of such section and shall expire therewith.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.

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Senate Bill S6210

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Sponsored By

Liz Krueger