S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5225
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 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 553 of  the  laws  of  2015,  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
 decrease  in  the  combined income of all members of the household in an
 amount which exceeds twenty percent of such  income  as  represented  in
 such  head of the household's last approved application for a tax abate-
 ment certificate or for renewal thereof, such head of the household  may
 apply for a redetermination of the amount set forth therein. Upon appli-
 cation,  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, however, that in no  event
 shall  the  amount of the adjusted rent be redetermined 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 unless such head of
 the household has been granted a rent increase exemption order  that  is
 in  effect  as of January first, two thousand fifteen or takes effect on
 or before July first, two thousand fifteen; 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00406-01-7

 S. 5225                             2
 
 shelter which such head of the household is entitled to receive pursuant
 to such law.  WHEN A REDETERMINATION OF THE ADJUSTED RENT HAS BEEN  MADE
 PURSUANT  TO THIS PARAGRAPH, SUCH REDETERMINATION SHALL BE MADE RETROAC-
 TIVE TO THE DATE ON WHICH THERE WAS A PERMANENT DECREASE IN THE COMBINED
 INCOME  OF ALL MEMBERS OF THE HOUSEHOLD. For purposes of this paragraph,
 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, nineteen
 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.
   § 2. 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 not affect the expiration of such  section
 pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
 and shall be deemed to expire therewith.