BILL NUMBER:  S6231

 TITLE OF BILL :

An act to amend the real property tax law, in relation to making
persons receiving a disability pension from the United States Postal
Service eligible for the disability rent increase exemption program

 PURPOSE :

To allow people receiving a United States Postal Service Disability
Pension to be eligible to participate in the disability rent increase
exemption program.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 5 of section 467-b of the real property
tax law, as amended by section 1 of chapter 188 of the laws of 2005 to
include disability pension or disability compensation benefits
provided by the United States Postal Service as qualifying persons
with a disability.

Section 2 amends subdivision 5 of section 467-b of the real property
tax law, as amended by section 2 of chapter 188 of the laws of 2005 to
include disability pension or disability compensation benefits
provided by the United States Postal Service.
              

Section 3 Effective Date.

 JUSTIFICATION :

Current law governing the Disability and Rent Increase Exemption
program, commonly known as the DRIE program, excludes individuals who
receive United States Postal Service (USPS) disability pensions.  The
total amount of these benefits typically makes a person financially
ineligible to receive disability benefits under the Social Security
Administration's (SSA) Supplemental Security Income program. Because
USPS disability pension recipients are not eligible for to receive
SSA, there are therefore disqualified from participating in the DRIE
program and denied by New York City's Department of Finance.

The Disability Rent Increase Exemption (DRIE, also known as the NYC
Rent Freeze Program) is an exemption against future rent increases for
eligible disabled persons living in rent-controlled, rent-stabilized,
Mitchell-Lama and other eligible apartments. All applicants must meet
certain eligibility requirements for DRIE benefit and landlords of
DRIE tenants receive tax credits to make up the difference between the
frozen rent and what the DRIE tenants would be paying without the
benefit.

New York City's DRIE Program, authorized under N.Y.C. Administrative
Code Title 26, Chapter 4, which is authorized under New York State
Real Property Tax Law section 467-b, therefore excludes disabled
persons who only source of income is a USPS disability pension.

A USPS disability pension is typically a person's only source of
income, leaving them facing serious financial hardships, often having
to forego many necessities because their limited income does not keep
pace with rises in their rent.

Conversely, Real Property Tax Law, section 459-c, known as the
Disabled Homeowner's Exemption Program (DHE), allows municipalities to
adopt a local law protection certain disabled individuals who own real
property from increases in real property tax exemptions.


In 2000, RPTL Section 459-c was amended by expanding the definition of
disability to include individuals who receive USPS disability
pensions. New York City's DHE program protects certain disabled
individuals who have an ownership interest in real property from real
property tax increases.

In 2000, New York City amended N.Y.C. Administrative Code Title II, by
expanding the definition of disability to include individuals who
receive USPS disability pensions to qualify under the DHE program.

There is no conceivable reason why renters who receive a USPS
disability pension are precluded from participating in New York City's
DRIE while a home owner who receives the same pension (an no benefits
from SSA) is eligible to participate in the DHE program.

The State's DHE state was amended to include USPS disability pensions
in 2000, and the then amendment sponsors acknowledged that the new law
would correct the inequitable treatment of postal service disability
workers. This current bill will do the same for renter's receiving the
same pension.

 LEGISLATIVE HISTORY :

A new bill.

 FISCAL IMPLICATIONS :

None to the state.

 LOCAL FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately, provided, however, that the
amendments to subdivision 5 of section 467-b of the real property tax
law made by section one of this act shall not affect the expiration
and reversion of such section and shall expire and be deemed repealed
therewith, when upon such date the provisions of section two of this
act shall take effect.