NY State Senate Bill 2009-S7539

Senate Bill S7539

2009-2010 Legislative Session

Provides additional rent protection for senior citizens where their rent is more than one-half of their income

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2010	reported and committed to finance
Apr 20, 2010	referred to aging

Votes

- Jun 1, 2010 - Aging Committee Vote
  S7539
  
  9
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Jun 1, 2010
      
      aye (9)
      
      Addabbo Jr.
      
      Diaz
      
      Farley
      
      Flanagan
      
      Kruger
      
      Oppenheimer
      
      Savino
      
      Serrano
      
      Stavisky
      
      nay (1)
      
      Ranzenhofer
      
      aye wr (2)
      
      Golden
      
      LaValle

co-Sponsors

View additional co-sponsors

2009-S7539 (ACTIVE) - Details

See Assembly Version of this Bill:: A2446
Current Committee:: Senate Finance
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b & 467-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S483
2013-2014: S17
2015-2016: S177
2017-2018: S4951, S8696

2009-S7539 (ACTIVE) - Summary

Provides additional rent protection for senior citizens where their rent is more than one-half of their income; additional protection, not a substitute for rent protection.

2009-S7539 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7539

 TITLE OF BILL :

An act to amend the real property tax law, in relation to adding rent
protection to senior citizens where their rent is more than one-half
of their income


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would amend the SCRIE (Senior citizen Rent Increase
Exemption) statutes to protect an additional category of senior
citizen tenants,who do not fall within current statutory income
limitations, but who nonetheless are being subjected to rent increases
that constitute an unaffordable proportion of their incomes and
therefore need protection.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends section 467-b of the Real property Tax
Law (RPTL), relating to rent controlled and rent regulated dwellings,
by adding a new subdivision 10 that permits a locality to adopt a
local law that provides additional protection for an expanded category
of senior citizens. Section 2 of the bill makes a similar amendment to
RPTL §467-c, relating to Mitchell-Lama dwellings.

Current law permits this benefit to be adopted for senior citizen
households that have combined household incomes under a specific
income cap, set out in the statute, and that also have rents that
exceed one third of household income. The amendments made by sections
one and two of this bill would permit localities to extend similar
protection to senior citizen households for which a rent increase
would cause the rent to exceed one half of household income, without
regard to the income caps that apply to situations where rent exceeds
one third of household income.

Section three of the bill is the effective date.

 JUSTIFICATION :

Current law authorizes adoption of local laws to protect senior
citizen tenants who: 1) have combined household incomes under a
specific income cap, set out on a yearly basis in the Real Property
Tax Law (RPTL), and 2) have rents that will increase to exceed one
third of the household income. Unfortunately, in New York City and
some surrounding areas, rents -- even regulated rents - have become so
high that some senior citizens whose incomes exceed the statutory
income limitations find themselves paying an unaffordable percentage
of their incomes for rent.  This bill would therefore permit
localities to extend additional protection to such people, without in
any way changing or diminishing the protection that is already in
place for senior citizen households whose income falls below the
statutory caps.

An analysis of data from the 2005 New York City Housing Vacancy Survey
performed by the Community Service Society found that if the change
proposed by this bill were to be made, an additional approximately
1100 households would qualify for the benefit. It should also be noted
that, under current law, only approximately one third of eligible
households have applied for and received the benefit, so it can be
anticipated that not all newly eligible households would apply if this
bill were to become law. However, those in need of protection would be
able to apply for it.

 PRIOR LEGISLATIVE HISTORY :
A.10759 (2008)

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S7539 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7539

                            I N  S E N A T E

                             April 20, 2010
                               ___________

Introduced  by  Sen.  DIAZ  --  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  adding  rent
  protection  to  senior citizens where their rent is more than one-half
  of their income

  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 10 to read as follows:
  10. A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR
ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  AND  IN  ADDITION  TO  ANY
EXISTING  SENIOR CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF ANY CITY,
TOWN OR VILLAGE IS HEREBY  AUTHORIZED  AND  EMPOWERED  TO  ADOPT,  AFTER
PUBLIC  HEARING,  A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE
ABATEMENT OF TAXES OF SAID MUNICIPAL CORPORATION IMPOSED ON REAL PROPER-
TY CONTAINING A DWELLING UNIT AS DEFINED IN THIS SECTION  BY  AN  AMOUNT
NOT  IN  EXCESS  OF  THAT  PORTION OF ANY INCREASE IN MAXIMUM RENT WHICH
CAUSES SUCH MAXIMUM RENT TO EXCEED ONE-HALF OF THE  COMBINED  INCOME  OF
ALL  MEMBERS  OF  THE  HOUSEHOLD,  WHERE  THE HEAD OF THE HOUSEHOLD IS A
PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
  B. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHED PURSUANT TO
PARAGRAPH A OF THIS SUBDIVISION, SHALL PROVIDE THAT FOR A DWELLING  UNIT
WHERE  THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT SHALL  BE
GRANTED  IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD FOR THE
CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME AT WHICH SUCH HEAD OF
THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLEMENTAL SECURI-
TY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
  S 2. Section 467-c of the real property tax law is amended by adding a
new subdivision 13 to read as follows:
  13. A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION  OR
ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, AND IN ADDITION TO ANY
EXISTING SENIOR CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF  ANY  CITY
HAVING  A  POPULATION  OF  ONE MILLION OR MORE, ACTING THROUGH ITS LOCAL

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

                                                           LBD00087-01-9

S. 7539                             2

LEGISLATIVE BODY OR OTHER GOVERNING  AGENCY  IS  HEREBY  AUTHORIZED  AND
EMPOWERED  TO  ADOPT  AND  AMEND LOCAL LAWS OR ORDINANCES PROVIDING THAT
REAL PROPERTY OF A HOUSING COMPANY SHALL BE EXEMPT  FROM  REAL  PROPERTY
TAXES, IN AN AMOUNT EQUAL TO THE RENT INCREASE EXEMPTIONS ACTUALLY CRED-
ITED  TO ELIGIBLE HEADS OF HOUSEHOLDS PURSUANT TO THIS SECTION. ANY SUCH
EXEMPTION SHALL BE IN ADDITION TO ANY OTHER EXEMPTION  OR  ABATEMENT  OF
TAXES AUTHORIZED BY LAW.
  B.  ANY  SUCH  LOCAL LAW OR ORDINANCE SHALL PROVIDE THAT A HEAD OF THE
HOUSEHOLD  SIXTY-TWO YEARS OF AGE OR OLDER MAY OBTAIN  A  RENT  INCREASE
EXEMPTION  ORDER/TAX  ABATEMENT  CERTIFICATE  ENTITLING HIM OR HER TO AN
EXEMPTION FROM INCREASES IN THE MAXIMUM RENT OTHERWISE PAYABLE WHERE THE
HEAD OF THE HOUSEHOLD DOES NOT RECEIVE A MONTHLY ALLOWANCE  FOR  SHELTER
PURSUANT  TO  THE  SOCIAL SERVICES LAW, THE AMOUNT BY WHICH INCREASES IN
THE MAXIMUM RENT SUBSEQUENT  TO  SUCH  PERSON'S  ELIGIBILITY  DATE  HAVE
RESULTED  IN THE MAXIMUM RENT  EXCEEDING ONE-HALF OF THE COMBINED INCOME
OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE PERIOD.
  S 3. 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 survive  the  expiration  and  reversion  of  such
section as provided in section 17 of chapter 576 of the laws of 1974, as
amended.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.