NY State Senate Bill 2017-S7230

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
Jan 04, 2018	referred to aging

2017-S7230 (ACTIVE) - Details

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: S6853
2011-2012: S482
2013-2014: S16
2015-2016: S465
2019-2020: S4060

2017-S7230 (ACTIVE) - Summary

Requires the appropriate rent control agency or administrative agency or supervising agency to send a notice of required renewal to each head of household currently receiving an exemption under the SCRIE program 30 days prior to the application renewal date.

2017-S7230 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7230

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to renewal
notices for applications under the SCRIE program

 
PURPOSE OR GENERAL IDEA OF BILL:

To put in place a reminder mechanism for renewal for senior citizens
enrolled in the Senior Citizen Rent Increase Exemption Program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subdivision 4, section 467-b of the Real Property Tax
Law, as amended by chapter 651 of the laws of 1988. Requires that the
appropriate rent control agency or administrative agency shall send a
notice of required renewal to each head of household receiving SCRIE via
US Mail no less than 30 days prior to expiration.

Section 2. Amends subdivision 4, section 467-b of the Real Property Tax
Law, as added by chapter 689 of the laws of 1972. Requires that the
appropriate rent control agency or administrative agency shall send a
notice of required renewal to each head of household receiving SCRIE via
US Mail no less than 30 days prior to expiration.

Section 3. Amends subdivision 4, section 467-c of the Real Property Tax
law, as added by chapter 208 of the laws of 1975. Requires that the
appropriate rent control agency or administrative agency shall send a
notice of required renewal to each head of household receiving SCRIE via
US Mail no less than 30 days prior to expiration.

Section 4. Effective Date.

 
EXISTING LAW:

None

 
JUSTIFICATION:

The Senior Citizen Rent Increase Exemption Program provides much needed
assistance to senior citizens in New York City by supplementing their
rent payments, thereby keeping them in their homes and out of nursing
homes. When this program was initially instituted it was administered by
the New York City Department for the Aging. The administration of the
SCRIE program has been transferred to the Department of Finance, which
does not have the capacity to fully assist seniors in the application
and renewal process for this program. As a result many recipients have
missed their renewal deadlines and have been forced to endure reapplica-
tion processes and in some cases a suspension of benefits.  This bill is
designed to make the renewal process simpler by putting in place a mech-
anism to remind eligible seniors to renew their benefits before they
expire.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.4913 (Diaz) - REFERRED TO AGING
2016: S.465 - REFERRED TO AGING/A1087-passed assembly
2015: S.465- REFERRED TO AGING/A1087- passed assembly
2014: S.16A - Referred to Aging/A.350A - Passed Assembly
2013: S.16A - Amend and Recommit to Finance/A.350 - Passed Assembly
2012: S.482A - Referred to Aging/A.473A Referred to Aging
2011: S.482A - Reported and Committed to Finance/A.473A - Reported,
Referred to Ways and Means
2010: S.6853 - Passed Senate/A.9932 Reported, Referred to Ways and Means

 
FISCAL IMPLICATIONS:

None to the State of New York.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become law;
provided that the amendments to 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.

2017-S7230 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7230
 
                             I N  S E N A T E
 
                              January 4, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  renewal
   notices for applications under the SCRIE program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 467-b of  the  real  property  tax
 law,  as  amended by chapter 442 of the laws of 2016, is amended to read
 as follows:
   4. a. (1) The head of the household must apply every two years to  the
 appropriate  rent  control  agency  or  administrative  agency for a tax
 abatement certificate on a form prescribed by said agency.
   (2) Upon the adoption of a local law, ordinance, or resolution by  the
 governing  board  of a municipality, any head of household that has been
 issued a tax abatement certificate pursuant to  this  section  for  five
 consecutive  benefit  periods,  and  whose income and residence have not
 changed since their last renewal application, shall be eligible to  file
 a  short  form  renewal. Such statement shall be on a form prescribed by
 the appropriate rent control agency or administrative agency  and  shall
 include  the  following: (i) a sworn statement certifying that such head
 of household continues to be eligible to receive  such  certificate  and
 that  their  income  and  residence have not changed; and (ii) a certif-
 ication to be signed by  the  applicant  stating  that  all  information
 contained  in  their  statement  is  true and correct to the best of the
 applicant's knowledge and belief and stating that they  understand  that
 the willful making of any false statement of material fact therein shall
 subject  them to the provisions of law relevant to the making and filing
 of false instruments and loss of  their  benefit,  and  that  subsequent
 reapplication shall be as a new applicant.
   (b)  A tax abatement certificate setting forth an amount not in excess
 of the increase in maximum rent or legal regulated rent for the  taxable
 period  or  such  other  amount as shall be determined under subdivision
 three of this section shall be issued by said agency to each head of the
 household who is found to be eligible under this section  on  or  before
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03557-01-7

 S. 7230                             2
 
 the  last  date  prescribed  by  law for the payment of the taxes or the
 first installment thereof of any municipal corporation which has granted
 an abatement of taxes. Copies of such certificate shall be issued to the
 owner  of  the real property containing the dwelling unit of the head of
 the household and to the collecting officer charged  with  the  duty  of
 collecting the taxes of each municipal corporation which has granted the
 abatement  of  taxes  authorized  by  this section. THE APPROPRIATE RENT
 CONTROL AGENCY OR ADMINISTRATIVE AGENCY SHALL SEND A NOTICE OF  REQUIRED
 RENEWAL TO EACH HEAD OF HOUSEHOLD CURRENTLY RECEIVING AN EXEMPTION UNDER
 THIS SECTION VIA UNITED STATES POSTAL SERVICE TO THEIR PRIMARY RESIDENCE
 NO LESS THAN THIRTY DAYS PRIOR TO THE APPLICATION RENEWAL DATE.
   §  2.  Subdivision 4 of section 467-b of the real property tax law, as
 added by chapter 689 of the laws of 1972, is amended to read as follows:
   4. The head of the household must apply each year to  the  appropriate
 rent control agency for a tax abatement certificate on a form prescribed
 by  said agency. A tax abatement certificate setting forth an amount not
 in excess of the increase in maximum rent for the taxable  period  shall
 be  issued  by said agency to each head of the household who is found to
 be eligible under this section on or before the last date prescribed  by
 law for the payment of the taxes or the first installment thereof of any
 city, town or village which has granted an abatement of taxes. Copies of
 such  certificate  shall  be  issued  to  the owner of the real property
 containing the dwelling unit of the head of the  household  and  to  the
 collecting officer charged with the duty of collecting the taxes of each
 city,  town  or village which has granted the abatement of taxes author-
 ized by this section.  THE APPROPRIATE RENT CONTROL AGENCY  OR  ADMINIS-
 TRATIVE  AGENCY  SHALL SEND A NOTICE OF REQUIRED RENEWAL TO EACH HEAD OF
 HOUSEHOLD CURRENTLY RECEIVING AN EXEMPTION UNDER THIS SECTION VIA UNITED
 STATES POSTAL SERVICE TO THEIR PRIMARY RESIDENCE  NO  LESS  THAN  THIRTY
 DAYS PRIOR TO THE APPLICATION RENEWAL DATE.
   §  3.  Subdivision 4 of section 467-c of the real property tax law, as
 added by chapter 442 of the laws of 2016, is amended to read as follows:
   4. a. (1) Any such local law or ordinance may provide that the  eligi-
 ble head of the household shall apply annually to the supervising agency
 for  a rent increase exemption order/tax abatement certificate on a form
 to be prescribed and made available by the supervising agency.
   (2) Upon the adoption of a local law, ordinance, or resolution by  the
 governing  board  of a municipality, any head of household that has been
 issued a tax abatement certificate pursuant to  this  section  for  five
 consecutive  benefit  periods,  and  whose income and residence have not
 changed since their last renewal application, shall be eligible to  file
 a  short  form  renewal. Such statement shall be on a form prescribed by
 the appropriate rent control agency or administrative agency  and  shall
 include  the  following: (i) a sworn statement certifying that such head
 of household continues to be eligible to receive  such  certificate  and
 that  their  income  and  residence have not changed; and (ii) a certif-
 ication to be signed by  the  applicant  stating  that  all  information
 contained  in  their  statement  is  true and correct to the best of the
 applicant's knowledge and belief and stating that they  understand  that
 the willful making of any false statement of material fact therein shall
 subject  them to the provisions of law relevant to the making and filing
 of false instruments and loss of  their  benefit,  and  that  subsequent
 reapplication shall be as a new applicant.
   (b)  The  supervising  agency shall approve or disapprove applications
 and, if it approves, shall issue a  rent  increase  exemption  order/tax
 abatement  certificate. Copies of such order/certificate shall be issued

 S. 7230                             3
 
 to the housing company managing the dwelling unit of the  eligible  head
 of  the  household,  to  the  eligible  head of the household and to the
 collecting officer charged with the duty of collecting the taxes of  the
 municipality.  THE APPROPRIATE SUPERVISING AGENCY SHALL SEND A NOTICE OF
 REQUIRED RENEWAL TO  EACH  HEAD  OF  HOUSEHOLD  CURRENTLY  RECEIVING  AN
 EXEMPTION  UNDER  THIS SECTION VIA UNITED STATES POSTAL SERVICE TO THEIR
 PRIMARY RESIDENCE NO LESS THAN THIRTY  DAYS  PRIOR  TO  THE  APPLICATION
 RENEWAL DATE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided that the amendments to 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.

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Senate Bill S7230

Sponsored By

Archive: Last Bill Status - In Senate Committee Aging Committee

2017-S7230 (ACTIVE) - Details

2017-S7230 (ACTIVE) - Summary

2017-S7230 (ACTIVE) - Sponsor Memo

2017-S7230 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7230

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Aging Committee

2017-S7230 (ACTIVE) - Details

2017-S7230 (ACTIVE) - Summary

2017-S7230 (ACTIVE) - Sponsor Memo

2017-S7230 (ACTIVE) - Bill Text download pdf

Comments