S T A T E   O F   N E W   Y O R K
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                                 5553--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2015
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Aging -- recommitted to the Committee on Aging in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the real property tax law, in relation  to  adding  rent
  protection  for senior citizens whose household income does not exceed
  seventy thousand dollars in cases 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 11 to read as follows:
  11. 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: (1) THE HEAD OF THE HOUSEHOLD IS  A
PERSON  SIXTY-TWO  YEARS  OF  AGE OR OLDER; AND (2) THE HOUSEHOLD INCOME
DOES NOT EXCEED SEVENTY THOUSAND DOLLARS PER YEAR.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00060-03-6
              

A. 5553--A                          2

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
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, WHOSE HOUSEHOLD INCOME DOES
NOT EXCEED SEVENTY THOUSAND DOLLARS PER YEAR, 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.