NY State Senate Bill 2017-S8696

Senate Bill S8696

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

download bill text pdf

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
May 10, 2018	referred to aging

2017-S8696 (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: S7539
2011-2012: S483
2013-2014: S17
2015-2016: S177

2017-S8696 (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-S8696 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8696

SPONSOR: SEPULVEDA
 
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 10. 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 Mitc-
hell-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.

 
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 house-
hold income, without regard to the income caps that apply to situations
where rent exceeds one third of household income.

 
PRIOR LEGISLATIVE HISTORY:

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 Develop-
ment
2011: S.483 - Discharged from Aging and Committed to Housing,
Construction and Community Development
2009-10: S.7539 - Reported and Committed to Finance/A.2446 - Referred to
Aging
2008: A.10759 Referred to Aging
2016: 5553a Died in codes committee

 
FISCAL IMPLICATIONS:

To be determined.

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

2017-S8696 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8696
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07178-01-7

 S. 8696                             2

 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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