NY State Senate Bill 2019-S3603

Senate Bill S3603

2019-2020 Legislative Session

Provides that the use tax on heating fuels shall be suspended during winter months for certain low income senior citizens

download bill text pdf

Archive: Last Bill Status - In Senate Committee Budget And Revenue 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to budget and revenue
Feb 11, 2019	referred to budget and revenue

2019-S3603 (ACTIVE) - Details

See Assembly Version of this Bill:: A2038
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Amd §1115, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2547, A5266
2011-2012: S1082, A6924
2013-2014: S622, A278
2015-2016: S1230, A2875
2017-2018: S3254, A1799
2021-2022: S2930, A3229
2023-2024: S4851

2019-S3603 (ACTIVE) - Summary

Provides that the use tax on heating fuels shall be suspended during winter months for certain low income senior citizens.

2019-S3603 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3603

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the tax law, in relation to suspending
imposition of the compensating use tax on heating fuels for certain
senior citizens

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill makes unlawful the practice of bringing eviction proceedings
for nonpayment of rent against tenant(s) if the building is in violation
of a building code.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends the administrative code of the City of New York to prevent a
tenant or tenants from being evicted for nonpayment of rent if their
building is in violation of the building code. If a landlord disputes
the violation, the bill requires that the tenants in question pay their
rent to an interest bearing account maintained by the court until the
dispute is resolved. a) If the dispute is resolved in favor of the land-

lord, he or she shall be paid the monies from said account along with
any interest accrued. b) If the violation is determined to be legiti-
mate, the monies are to be used first to correct the violation, and the
remainder, if any, given to the landlord along with any interest.

 
JUSTIFICATION:

It is not an uncommon practice for tenants to "rent-strike" if they feel
that there are gross violations of the building code. This bill would
protect tenants from being evicted during such rent withholding periods,
and at the same time protect landlords from frivolous rent strikes by
requiring that the court collect rents during the period of any disputed
violation. Thus, the bill is a fair compromise; granting each side
protection from and rights against the other. One advantage of this bill
(over current law) is the provision for the court to apply the monies in
the aforementioned account directly to remedy any (proved) violation.
This way the tenants are assured that reasons for their strike will no
longer exist and their concerns are met, while at the same time guaran-
teeing the landlord that the tenant will not live rent-free for months
and then move out.

 
PRIOR LEGISLATIVE HISTORY:

2017/18 S3646 - Referred to Housing, Construction and Community Develop-
ment
2015-16: S.593/A.604 - Referred to Housing, Construction and Community
Development
2013-14: S.5438/A.505 - Referred to Housing, Construction and Community
Development
A.4545 of 2009-2012
A.3986 of 2007-2008
A.5586 of 2005-2006
A.5775 of 2003-2004
A.4765 of 2001-2002
A.6615 of 1999-2000
A.2736 of 1997-1998
A.1754 of 1995-1996
A.3980 of 1993-1994
A.1300 of 1991-1992

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3603 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3603
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law, in relation to suspending imposition of the
   compensating use tax on heating fuels for certain senior citizens
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1115  of  the tax law is amended by adding a new
 subdivision (ll) to read as follows:
   (LL) RECEIPTS FROM THE SALE OF HEATING FUELS SOLD DURING THE MONTHS OF
 DECEMBER, JANUARY, AND FEBRUARY, WHICH ARE SOLD FOR HOME USE BY  PERSONS
 SIXTY-FIVE YEARS OLD OR OLDER WHO DO NOT QUALIFY FOR THE LOW INCOME HOME
 ENERGY  ASSISTANCE  PROGRAM  ESTABLISHED  BY SECTION NINETY-SEVEN OF THE
 SOCIAL SERVICES LAW, BUT WHOSE INCOME IS NOT ABOVE FIVE HUNDRED  DOLLARS
 MORE  THAN  THE QUALIFYING INCOME FOR SUCH PROGRAM, SHALL BE EXEMPT FROM
 THE TAX ON RETAIL SALES IMPOSED UNDER SECTION ELEVEN HUNDRED TEN OF THIS
 ARTICLE.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03646-01-9

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