S T A T E   O F   N E W   Y O R K
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                                 1742--A
    Cal. No. 45

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced by Sens. STAVISKY, ADAMS, DIAZ, HUNTLEY, PARKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Aging  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT to amend the real property tax law, in relation to tax abatement
  for rent-controlled and rent regulated  property  occupied  by  senior
  citizens or persons with disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph g of subdivision 3 of section 467-b of  the  real
property  tax law, as amended by section 1 of chapter 188 of the laws of
2005, is amended to read as follows:
  g. notwithstanding any other provision of law to the contrary, where a
head of the household holds a current, valid tax  abatement  certificate
and,  after  the  effective date of this paragraph, there is a permanent
decrease in the combined income of all members of the  household  in  an
amount  which  exceeds  twenty  percent of such income as represented in
such head of the household's last approved application for a tax  abate-
ment  certificate or for renewal thereof, such head of the household may
apply for a redetermination of the amount set forth therein. Upon appli-
cation, such amount shall be redetermined  so  as  to  re-establish  the
ratio  of  adjusted rent to income which existed at the time of approval
of such head of the household's last application  for  a  tax  abatement
certificate  or for renewal thereof; provided, however, that in no event
shall the amount of the adjusted rent be redetermined to be (i)  in  the
case of a head of the household who does not receive a monthly allowance
for  shelter pursuant to the social services law, less than one-third of
the combined income of all members of the household; or (ii) in the case
of a head of the household who receives a monthly allowance for  shelter
pursuant to the social services law, less than the maximum allowance for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04320-02-9

S. 1742--A                          2

shelter which such head of the household is entitled to receive pursuant
to  such law.  WHEN A REDETERMINATION OF THE ADJUSTED RENT HAS BEEN MADE
PURSUANT TO THIS PARAGRAPH, SUCH REDETERMINATION SHALL BE MADE  RETROAC-
TIVE TO THE DATE ON WHICH THERE WAS A PERMANENT DECREASE IN THE COMBINED
INCOME  OF ALL MEMBERS OF THE HOUSEHOLD. For purposes of this paragraph,
a decrease in the combined income of all members of the household  shall
not  include  any  decrease  in such income resulting from the manner in
which income is calculated pursuant to any amendment to paragraph  c  of
subdivision  one  of this section made on or after April first, nineteen
hundred eighty-seven. For purposes of this  paragraph,  "adjusted  rent"
shall  mean  maximum  rent  or  legal regulated rent less the amount set
forth in a tax abatement certificate.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  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
pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
and shall be deemed to expire therewith.