S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7754
 
                             I N  S E N A T E
 
                             February 14, 2020
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 and the administrative code of
   the city of New York, in relation to establishing a  maximum  rent  of
   one-third  of  household  income for the senior citizens rent increase
   exemption (SCRIE) and disability rent increase exemption (DRIE)

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. 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. Subdivision 4 of section 467-b of the real property  tax  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  PROVIDED,  HOWEVER, THAT IN A CITY OF A POPULATION OF ONE MILLION
 OR MORE, A TAX ABATEMENT CERTIFICATE SETTING FORTH AN  AMOUNT  EQUAL  TO
 THE  AMOUNT  BY  WHICH  THE  MAXIMUM RENT OR LEGAL REGULATED RENT OF THE
 SUBSEQUENT DWELLING UNIT EXCEEDS ONE-THIRD OF THE COMBINED INCOME OF ALL
 MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE PERIOD SHALL BE ISSUED BY  SAID
 AGENCY  TO EACH HEAD OF HOUSEHOLD WHO IS FOUND TO BE ELIGIBLE UNDER THIS
 SECTION AND UPON APPLICATION TO THE APPROPRIATE RENT CONTROL  AGENCY  OR
 ADMINISTRATIVE  AGENCY  ON A FORM PRESCRIBED BY SAID AGENCY ON OR BEFORE
 THE LAST DATE PRESCRIBED BY LAW FOR THE PAYMENT  OF  THE  TAXES  OR  THE
 FIRST INSTALLMENT THEREFOR OF ANY MUNICIPAL CORPORATION WHICH HAS GRANT-
 ED  AN ABATEMENT OF TAXES. COPIES OF SUCH CERTIFICATE SHALL BE ISSUED TO
 THE OWNER OF THE REAL PROPERTY CONTAINING THE DWELLING UNIT OF THE  HEAD
 OF  THE HOUSEHOLD AND TO THE COLLECTING OFFICER CHARGED WITH THE DUTY OF
 COLLECTING THE TAXES OR EACH MUNICIPAL CORPORATION WHICH HAS GRANTED THE
 ABATEMENT OF TAXES AUTHORIZED BY THIS SECTION.
   § 3. Subdivision (a) of section 26-605 of the administrative  code  of
 the  city  of New York, as amended by local law number 98 of the city of
 New York for the year 1985 and paragraph 3 as added by  chapter  553  of
 the laws of 2015, is amended to read as follows:
   (a)  Subject to the provisions of this chapter an eligible head of the
 household may obtain  a  rent  increase  exemption  order/tax  abatement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07696-02-9

 S. 7754                             2
 
 certificate  entitling  him or her to an exemption from increases in the
 maximum rent EQUAL TO THE AMOUNT BY WHICH  THE  MAXIMUM  RENT  OR  LEGAL
 REGULATED  RENT OF THE SUBSEQUENT DWELLING UNIT EXCEEDS ONE-THIRD OF THE
 COMBINED INCOME OF ALL MEMBERS OF THE HOUSEHOLD otherwise payable in one
 of the following amounts:
   (1) where the eligible head of the household does not receive a month-
 ly allowance for shelter pursuant to the social services law, the amount
 by  which  increases  in  the  maximum  rent subsequent to such persons'
 eligibility date have resulted in the maximum rent  exceeding  one-third
 of  the  combined income of all members of the household for the taxable
 period, except that in no event shall a rent  increase  exemption  order
 tax abatement certificate become effective prior to January first, nine-
 teen hundred seventy-six; or
   (2) where the eligible head of the household receives a monthly allow-
 ance  for  shelter  pursuant  to  the social services law, an amount not
 exceeding that portion of any increase in  maximum  rent  subsequent  to
 such  person's  eligibility  date  which  is  not covered by the maximum
 allowance for shelter which such person is entitled to receive  pursuant
 to the social services law.
   [(3)  notwithstanding  paragraph  one  of  this subdivision, where the
 eligible head of the household is a person who  qualifies  as  a  person
 with a disability pursuant to section 26-617 of this chapter and 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,  the  amount specified in such order, as
 adjusted by any other provision of this chapter, regardless  of  whether
 increases  in  the  maximum rent subsequent to such persons' eligibility
 date have resulted in  the  maximum  rent  exceeding  one-third  of  the
 combined income of all members of the household for the taxable period.]
   §  4.  Item (a) of subparagraph (i) of paragraph 3 of subdivision b of
 section 26-509 of the administrative code of the city of  New  York,  as
 amended  by  local  law  number  98 of the city of New York for the year
 1985, is amended to read as follows:
   (a) in the case of a head of the household  who  does  not  receive  a
 monthly  allowance for shelter pursuant to the social services law, that
 the landlord may not collect from the tenant to whom it is  issued  rent
 at  a  rate  in excess of [either] one-third of the aggregate disposable
 income[, or the rent in effect  immediately  preceding  the  eligibility
 date, whichever is greater]; or
   §  5. This act shall take effect immediately; provided that the amend-
 ments to section 26-509 of chapter 4 of title 26 of  the  administrative
 code  of  the  city  of  New York made by section four of this act shall
 expire on the same date as such law expires and  shall  not  affect  the
 expiration of such law as provided under section 26-520 of such law.