NY State Senate Bill 2019-S8036

Senate Bill S8036

2019-2020 Legislative Session

Relates to implementing automatic enrollment for the tax abatement program for rent-controlled and rent-regulated property occupied by senior citizens

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging 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
Mar 11, 2020	referred to aging

2019-S8036 (ACTIVE) - Details

See Assembly Version of this Bill:: A8862
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5102, A1475
2023-2024: S2470, A5122

2019-S8036 (ACTIVE) - Summary

Implements automatic enrollment for the tax abatement program for rent-controlled and rent-regulated property occupied by senior citizens and provides for a check box for a taxpayer to opt-out of data sharing and automatic enrollment on their tax return.

2019-S8036 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8036

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to implementing
automatic enrollment for the tax abatement program for rent-controlled
and rent-regulated property occupied by senior citizens

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow municipalities and localities that have a senior citizen rent
increase exemption (SCRIE) program to establish an automatic enrollment
program for eligible seniors to be automatically enrolled or automat-
ically re-enrolled in the program.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 467-b of the real property tax law by adding a
new Subdivision 14. The new subdivision allows localities and munici-
palities to enact laws or resolutions that allow for the supervising

agency of their senior citizen rent increase exemption program (SCRIE)
to automatically enroll eligible seniors under their jurisdiction into
the program. The subdivision also allows the Commissioner of the NYS
Department of Taxation and Finance to provide the supervising agency
with the appropriate information to implement such a program and provide
automatic enrollees with a check box, so that they may be able to opt
out.

Section 2 establishes the effective date.

 
JUSTIFICATION:  Currently, several counties in New York State have
established Senior Citizen Rent Increase (SCRIE) programs. These
programs help many low to moderate income seniors remain in their apart-
ments, by assisting them in paying their yearly rent increase, if they
are spending more than a third of their monthly income on rent. This is
done through providing the renter's landlord with a property tax abate-
ment for the cost of the increase. Programs like SCRIE serve a vital
purpose for all seniors that qualify, but many eligible seniors do not
know about the program and are unable to reap its benefits. Also,
seniors may not remember to re-enroll in these programs.

This legislation gives localities and municipalities the ability to
establish an automatic enrollment and re-enrollment program, so that all
eligible seniors are able to enroll in this beneficial program.  This
will provide an opportunity for localities to set up a program that will
expand access to all seniors who qualify and need to take part in this
program. Also, this bill requires the Commissioner of the Department of
Taxation and Finance to provide tax information to localities that
establish a SCRIE automatic enrollment and reenrollment program, so that
the localities can use that information, along with the list of rent-re-
gulated units that receive from the NYS Division of Homes and Community
Renewal (DHCR) to identify eligible seniors to be enrolled in this
program. Lastly, this bill would allow seniors to opt-out of having
their tax information provided to the locality for an automatic enroll-
ment and re-enrollment program for SCRIE, through providing them with
the opportunity to check off a box on their state income taxes.

 
PRIOR LEGISLATIVE HISTORY:
New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
Takes effect on January first of the succeeding year.

2019-S8036 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8036
 
                             I N  S E N A T E
 
                              March 11, 2020
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  implementing
   automatic enrollment for the tax abatement program for rent-controlled
   and rent-regulated property occupied by senior citizens
 
   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 a new subdivision 14 to read as follows:
   14. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY MUNI-
 CIPALITY  THAT  ADOPTS A LOCAL LAW, RESOLUTION, OR ORDINANCE PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION MAY ADOPT, AFTER PUBLIC HEARING, A LOCAL
 LAW, ORDINANCE OR RESOLUTION AUTHORIZING THE SUPERVISING AGENCY OF  SUCH
 MUNICIPALITY  TO  DEVELOP A PROGRAM TO AUTOMATICALLY ENROLL AND REENROLL
 EVERY HEAD OF HOUSEHOLD, AS DEFINED IN SUBPARAGRAPH (I) OF  PARAGRAPH  B
 OF  SUBDIVISION ONE OF THIS SECTION, WHO IS ELIGIBLE FOR AN ABATEMENT OF
 TAXES PURSUANT TO THE PROVISIONS OF THIS SECTION WHO HAS NOT  OPTED  OUT
 OF  SUCH  AUTOMATIC ENROLLMENT PURSUANT TO THE PROVISIONS OF PARAGRAPH B
 OF THIS SUBDIVISION.
   B. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A SYSTEM TO PROVIDE  A
 SUPERVISING AGENCY WITH THE INFORMATION NECESSARY TO DETERMINE IF A HEAD
 OF  HOUSEHOLD  IS ELIGIBLE FOR A TAX ABATEMENT PURSUANT TO THIS SECTION.
 THE COMMISSIONER SHALL PROVIDE A CHECK BOX FOR A TAXPAYER TO OPT-OUT  OF
 DATA  SHARING  AND  AUTOMATIC ENROLLMENT PURSUANT TO THIS SUBDIVISION ON
 THE INCOME TAX RETURN REQUIRED PURSUANT TO SECTION SIX HUNDRED FIFTY-ONE
 OF THE TAX LAW.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14141-03-0

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