S T A T E   O F   N E W   Y O R K
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                                   814

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Aging

AN ACT to amend the real property tax law,  in  relation  to  redetermi-
  nation  based  on  income  for a 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 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
INCREASE OR decrease in the combined income of all members of the house-
hold in an amount which exceeds twenty percent of such income as repres-
ented in such head of the household's last approved  application  for  a
tax  abatement  certificate  or  for  renewal  thereof, such head of the
household may apply for a redetermination of the amount set forth there-
in.  SUCH DETERMINATION MAY ALSO BE UNDERTAKEN BY THE CITY RENT  AGENCY.
Upon [application] REDETERMINATION, 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, howev-
er, that in no event shall the amount of the adjusted rent  be  redeter-
mined  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 shelter which such head of the household

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04263-01-5
              

A. 814                              2

is entitled to receive pursuant to such law. For purposes of this  para-
graph, 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,  nine-
teen  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 that the amend-
ments to paragraph g of subdivision 3 of section 467-b of the real prop-
erty tax law, made by section one of this  act,  shall  not  affect  the
expiration of such section and shall be deemed to expire therewith.