NY State Senate Bill 2017-S7076

Senate Bill S7076

2017-2018 Legislative Session

Relates to local laws, ordinances or resolutions providing for the abatement of taxes in a city with a population of one million or more persons

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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
Jan 03, 2018	referred to local government

2017-S7076 (ACTIVE) - Details

See Assembly Version of this Bill:: A10983
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b & 467-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2911, A4522
2021-2022: S2864

2017-S7076 (ACTIVE) - Summary

Relates to local laws, ordinances or resolutions providing for the abatement of taxes in a city with a population of one million or more persons.

2017-S7076 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7076

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the real property tax law, in relation
to local laws, ordinances or resolutions providing for the abatement of
taxes in a city with a population of one million or more persons

 
PURPOSE:

The purpose of this bill is to expand eligibility for SCRIE and DRIE to
tenants whose landlords have entered into voluntary agreements to base
future rent increases on rules established by the Rent Guidelines Board
(RGB).

 
SUMMARY OF PROVISIONS:

Sections 1-5 amend section 467-b and 467-c of the real property tax law
by making "dwelling units" eligible for the Senior Citizen Rent Increase
Exemption (SCRIE) and the Disability Rent Increase Exemption (DRIB) if
there was an agreement providing for rent increases based on the amount
ordered by the RGB.

Section 6 of the bill establishes the effective date.

 
JUSTIFICATION:

In order to qualify for SCRIE or DRIE, a person must meet certain age
and income qualifications. In addition, residents must pay more than
one-third of their monthly household income on rent and live in a rent
regulated apartment. Tenants who could qualify for these programs, but
do not live in rent regulated apartments are not eligible.

There are a number of buildings in New York City where landlords of
deregulated units have agreed to base future rent increases on rules
established by the Rent Guidelines Board, essentially tying the rent of
these deregulated units to rent regulated rent increases.

This bill would expand eligibility for SCRIE and DRIE to tenants whose
landlords have entered into voluntary agreements to base future rent
increases on rules established by the Rent Guidelines Board.

 
LEGISLATIVE HISTORY:

2016: S6244 - PASSED AGING AND REFERRED TO FINANCE

 
FISCAL IMPLICATIONS:

Minimal Fiscal Impact

 
EFFECTIVE DATE:
Shall take effect immediately; provided, however, that:  *The amendments
to paragraph a of subdivision 1 of section 467-b of the real property
tax law made by section one of this act shall be subject the expiration
and reversion of such section pursuant to section 17 of chapter 576 of
the laws of 1974, as amended, when upon such date the provisions of
section two of this act shall take effect; and
*the amendments to section 467-b of the real property tax law made by
section three 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.

2017-S7076 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7076
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in relation  to  local  laws,
   ordinances  or  resolutions  providing for the abatement of taxes in a
   city with a population of one million or more persons

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph a of subdivision 1 of section 467-b of the real
 property tax law, as amended by chapter 576 of  the  laws  of  1974,  is
 amended to read as follows:
   a.  "Dwelling  unit"  means that part of a dwelling in which a head of
 the household resides and which is subject to either the emergency hous-
 ing rent control law or to the rent and rehabilitation law of  the  city
 of New York enacted pursuant to the local emergency housing rent control
 law,  or to the emergency tenant protection act of nineteen seventy-four
 OR IS A DWELLING UNIT CONTAINED IN REAL PROPERTY DESCRIBED  IN  SUBDIVI-
 SION ELEVEN OF THIS SECTION;
   § 2. Paragraph a of subdivision 1 of section 467-b of the real proper-
 ty tax law, as amended by chapter 689 of the laws of 1972, is amended to
 read as follows:
   a.  "Dwelling  unit"  means that part of a dwelling in which a head of
 the household resides and which is subject to either  emergency  housing
 rent  control  law  or to rent and rehabilitation law of the city of New
 York enacted pursuant to the local law enacted  pursuant  to  the  local
 emergency  housing  rent  control law OR IS A DWELLING UNIT CONTAINED IN
 REAL PROPERTY DESCRIBED IN SUBDIVISION ELEVEN OF THIS SECTION;
   § 3. Section 467-b of the real property tax law is amended by adding a
 new subdivision 11 to read as follows:
   11. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW, ORDINANCE OR RESOLUTION MAY PROVIDE FOR THE ABATEMENT OF  TAXES  OF
 SUCH CITY IMPOSED ON:
   (A)  REAL PROPERTY ORIGINALLY ORGANIZED PURSUANT TO ARTICLE TWO OF THE
 PRIVATE HOUSING FINANCE LAW CONTAINING DWELLING UNITS IN WHICH THE QUAL-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11633-01-7

 S. 7076                             2
 
 IFYING HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST:  (I)
 HAS A SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES  IN  MAXIMUM
 RENT  TO AN AMOUNT BASED ON WHAT IS ORDERED BY THE RENT GUIDELINES BOARD
 FOR  THE  LIFETIME  OF THE TENANCY, WHICH AMOUNT MAY BE LESS THAN, EQUAL
 TO, OR GREATER THAN THE AMOUNT SO ORDERED BY THE RENT GUIDELINES  BOARD,
 AND  (II)  IS  OTHERWISE ELIGIBLE FOR THE TAX ABATEMENT PROVIDED IN THIS
 SECTION, REGARDLESS OF WHETHER SUCH REAL PROPERTY IS  STILL  SUBJECT  TO
 THE REGULATIONS OF SAID ARTICLE; OR
   (B)  REAL  PROPERTY  CONTAINING DWELLING UNITS IN WHICH THE QUALIFYING
 HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST: (I)  HAS  A
 SIGNED  AGREEMENT   WITH THE LANDLORD TO LIMIT INCREASES IN MAXIMUM RENT
 TO AN AMOUNT EQUAL TO OR LESS THAN THOSE ORDERED BY THE RENT  GUIDELINES
 BOARD  FOR  THE  LIFETIME OF THE TENANCY, AND (II) IS OTHERWISE ELIGIBLE
 FOR THE TAX ABATEMENT PROVIDED IN THIS SECTION;
   (C) PROVIDED, HOWEVER, THAT THE APPLICATION FOR ANY ABATEMENT PURSUANT
 TO THIS SUBDIVISION SHALL BE SUBJECT TO THE APPROVAL  OF  THE  NEW  YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, IN SUCH DEPART-
 MENT'S DISCRETION.
   § 4. Paragraph b of subdivision 1 of section 467-c of the real proper-
 ty tax law, as amended by chapter 420 of the laws of 1991, is amended to
 read as follows:
   b.  "Dwelling unit" means that part of a dwelling in which an eligible
 head of the household resides and which is subject to the provisions  of
 either  Article  II, IV, V, or XI of the private housing finance law; or
 that part of a dwelling which was or continues to be subject to a  mort-
 gage  insured or initially insured by the federal government pursuant to
 section two hundred thirteen of the National Housing Act, as amended, in
 which an eligible head of the household resides OR IS A UNIT IN A  HOUS-
 ING DEVELOPMENT DESCRIBED IN SUBDIVISION THIRTEEN OF THIS SECTION.
   § 5. Section 467-c of the real property tax law is amended by adding a
 new subdivision 13 to read as follows:
   13. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW,  ORDINANCE  OR RESOLUTION MAY PROVIDE FOR THE ABATEMENT OF TAXES OF
 SUCH CITY IMPOSED ON:
   (A) REAL PROPERTY ORIGINALLY ORGANIZED PURSUANT TO ARTICLE TWO OF  THE
 PRIVATE HOUSING FINANCE LAW CONTAINING DWELLING UNITS IN WHICH THE QUAL-
 IFYING HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST:  (I)
 HAS  A  SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES IN MAXIMUM
 RENT TO AN AMOUNT BASED ON WHAT IS ORDERED BY THE RENT GUIDELINES  BOARD
 FOR  THE  LIFETIME  OF THE TENANCY, WHICH AMOUNT MAY BE LESS THAN, EQUAL
 TO, OR GREATER THAN THE AMOUNT SO ORDERED BY THE RENT GUIDELINES  BOARD,
 AND  (II)  IS  OTHERWISE ELIGIBLE FOR THE TAX ABATEMENT PROVIDED IN THIS
 SECTION, REGARDLESS OF WHETHER SUCH REAL PROPERTY IS  STILL  SUBJECT  TO
 THE REGULATIONS OF SAID ARTICLE; OR
   (B)  REAL  PROPERTY  CONTAINING DWELLING UNITS IN WHICH THE QUALIFYING
 HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST: (I)  HAS  A
 SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES IN MAXIMUM RENT TO
 AN  AMOUNT  EQUAL  TO  OR LESS THEN THOSE ORDERED BY THE RENT GUIDELINES
 BOARD FOR THE LIFETIME OF THE TENANCY, AND (II)  IS  OTHERWISE  ELIGIBLE
 FOR THE TAX ABATEMENT PROVIDED IN THIS SECTION;
   (C) PROVIDED, HOWEVER, THAT THE APPLICATION FOR ANY ABATEMENT PURSUANT
 TO  THIS  SUBDIVISION  SHALL  BE SUBJECT TO THE APPROVAL OF THE NEW YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, IN SUCH DEPART-
 MENT'S DISCRETION.
   § 6. This act shall take effect immediately; provided, however, that:

 S. 7076                             3
 
   (a) the amendments to paragraph a of subdivision 1 of section 467-b of
 the real property tax law made by section  one  of  this  act  shall  be
 subject  to  the  expiration  and  reversion of such section pursuant to
 section 17 of chapter 576 of the laws of 1974,  as  amended,  when  upon
 such  date  the provisions of section two of this act shall take effect;
 and
   (b) the amendments to section 467-b of the real property tax law  made
 by  section three 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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