NY State Senate Bill 2021-S9161

Senate Bill S9161

2021-2022 Legislative Session

Relates to permitting other qualifying members of a household to qualify for the disability rent increase exemption

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
May 11, 2022	referred to aging

2021-S9161 (ACTIVE) - Details

See Assembly Version of this Bill:: A9686
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L
Versions Introduced in 2023-2024 Legislative Session:: S1150, A1422

2021-S9161 (ACTIVE) - Summary

Permits other qualifying members of a household to qualify the household for the disability rent increase exemption when they are not the head of household.

2021-S9161 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9161

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to permitting
other qualifying members of a household to qualify for the disability
rent increase exemption

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill includes the parent or guardian of a person with a disability
in the definition of head of household for the disability rent increase
program.

 
SUMMARY OF PROVISIONS:

Sections 1-3 amend paragraph b of subdivisions 1, 2, and 3 of section
467-b of the real property tax law to expand the definition of "head of
household" to include the parent or legal guardian of a person with a
disability.

Section 4 amends subparagraph d of subdivision 1 of section 467-c of the
real property tax law to expand the definition of "head of household" to
include the parent or legal guardian of a person with a disability.

Section 5 provides the effective date.

 
JUSTIFICATION:

The Disability Rent Increase Exemption (DRIE) program, provides rent
relief for disabled New Yorkers living in rent regulated buildings on an
income of $50,000 or less. In 2016, the last year of available data,
66,578 New York City residents froze their rents using DRIE.

This vital program ensures that tens of thousands of disabled New York-
ers can remain in their homes but its restrictive eligibility require-
ments exclude some 7411 households in which a family member has a disa-
bility, but is not an eligible head of household under the existing
requirements.

This bill expands the scope of DRIE by amending the language of the real
property tax law to include the parent, legal guardian, or other rela-
tive of a person with a disability to provide rent relief to households
that face similar or identical hardships to those already covered by
DRIE.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
90 days after becoming law.

2021-S9161 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9161
 
                             I N  S E N A T E
 
                               May 11, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  permitting
   other  qualifying members of a household to qualify for the disability
   rent increase exemption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs b and g of subdivision 1 of section 467-b of the
 real property tax law, paragraph b as amended by chapter 188 of the laws
 of 2005 and paragraph g as added by chapter 360 of the laws of 2018, are
 amended and a new paragraph h is added to read as follows:
   b.  "Head  of the household" means a person (i) who is sixty-two years
 of age or older, [or] (ii) who qualifies as a person with  a  disability
 pursuant  to subdivision five of this section, OR (III) WHO IS THE RELA-
 TIVE OR LEGAL GUARDIAN OF A QUALIFYING MEMBER OF HIS OR  HER  HOUSEHOLD,
 and is entitled to the possession or to the use or occupancy of a dwell-
 ing unit;
   g.  "QUALIFYING  MEMBER OF THE HOUSEHOLD" MEANS A PERSON WHO QUALIFIES
 AS A PERSON WITH A DISABILITY  PURSUANT  TO  SUBDIVISION  FIVE  OF  THIS
 SECTION,  WHO  IS  NOT  THE  HEAD  OF THE HOUSEHOLD, AND WHO PERMANENTLY
 RESIDES IN THE DWELLING UNIT.
   H. "RELATIVE" MEANS WITH RESPECT TO A QUALIFYING MEMBER OF THE  HOUSE-
 HOLD,  (I)  A  SPOUSE,  DOMESTIC  PARTNER, PARENT, GRANDPARENT, SIBLING,
 CHILD, STEPCHILD OR STEPPARENT OF SUCH PERSON OR (II) ANY INDIVIDUAL WHO
 IS THE DIRECT DESCENDANT OF THE GRANDPARENTS OF SUCH PERSON.
   I. "Supervising agency" shall mean the appropriate rent control agency
 or administrative agency designated to administer the tax abatement  for
 rent-controlled  and rent regulated property occupied by senior citizens
 or persons with disabilities pursuant to a  local  law,  resolution,  or
 ordinance passed pursuant to subdivision two of this section.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13516-01-1

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