NY State Senate Bill 2017-S4951

Senate Bill S4951

2017-2018 Legislative Session

Provides additional rent protection for senior citizens whose household income does not exceed $70,000 in cases where their rent is more than one half of their income

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Archive: Last Bill Status - In Senate Committee Aging 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to aging

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2017-S4951 (ACTIVE) - Details

See Assembly Version of this Bill:: A1962
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b & 467-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7539
2011-2012: S483
2013-2014: S17, A32
2015-2016: S177, A5553

2017-S4951 (ACTIVE) - Summary

Provides additional rent protection for senior citizens whose household income does not exceed $70,000 in cases where their rent is more than one-half of their income.

2017-S4951 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4951

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would amend the Senior Citizen Rent Increase Exemption
(SCRIE) 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 1. Amends the Real Property Tax Law (RPTL), section 467-b, by
adding a new subdivision 11. Permits a locality to adopt a local law
that provides additional protections for senior citizens where the
head of household is sixty-two years of age or older and whose
household income does not exceed seventy thousand dollars in cases
where their rent is more than one-half of their income.

Section 2. Amends the Real Property Tax Law, section 467-c, by adding

a new subdivision 13. Permits a locality to adopt a local law that
provides additional protections for senior citizens who reside in
Mitchell-Lama dwellings where the head of household is sixty-two years
of age or older and whose household income does not exceed seventy
thousand dollars in cases where their rent is more than one-half of
their income.

Section 3. Effective Date.

 EXISTING LAW :

Real Property Tax Law; Section 467-b; Tax abatement for
rent-controlled and rent regulated property occupied by senior
citizens or persons with disabilities and Real Property Tax Law;
Section 467-c; Exemption for property owned by certain housing
companies and occupied by senior citizens or persons with
disabilities.

 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.

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.

 PRIOR LEGISLATIVE HISTORY :

2016: S.177A - AMEND AND RECOMMIT TO AGING/A.5553-A -amend and
recommit to aging
2015: S.177 - REFERRED TO AGING/A.5553 - referred to aging
2014: S.17A - Referred to Aging/A.32A - Referred to Aging
2013: S.17A - Amended and Recommitted to Aging/A.32A - Amended and
Recommitted to Aging
2012: S.483 - Referred to Housing, Construction and Community
Development
2011: S.483 - Discharged from Aging and Committed to Housing,
Construction and Community Development
2009-10: 5.7539 - Reported and Committed to Finance/A.2446 - Referred
to Aging
2008: A.10759 - Referred to Aging

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, with provisions.

2017-S4951 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4951
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens.  DIAZ,  AVELLA,  PARKER  -- 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  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

 S. 4951                             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.

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Senate Bill S4951

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Ruben Diaz