S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1962
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
   Committee on Aging
 
 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
 THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLEMENTAL SECURI-
 TY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07178-01-7
              

 A. 1962                             2
 
   § 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.
   § 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.