NY State Senate Bill 2019-S4060

Senate Bill S4060

Signed By Governor

2019-2020 Legislative Session

Relates to requiring renewal notices for applications under the SCRIE program

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2019	signed chap.472
Oct 28, 2019	delivered to governor
May 06, 2019	returned to senate passed assembly ordered to third reading cal.236 substituted for a3148a
Mar 26, 2019	referred to aging delivered to assembly passed senate
Mar 25, 2019	advanced to third reading
Mar 20, 2019	2nd report cal.
Mar 19, 2019	1st report cal.301
Feb 26, 2019	referred to aging

Votes

- Mar 26, 2019 - Floor Vote
  S4060
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 26, 2019
      
      aye (59)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (2)
      
      Akshar
      
      Antonacci
      
      excused (1)
      
      Boyle
  Mar 19, 2019 - Aging Committee Vote
  S4060
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Mar 19, 2019
      
      aye (6)
      
      Addabbo Jr.
      
      Biaggi
      
      Jacobs
      
      May
      
      Serrano
      
      Thomas
      
      aye wr (1)
      
      Serino

co-Sponsors

2019-S4060 (ACTIVE) - Details

See Assembly Version of this Bill:: A3148
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§467-b & 467-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6853, A9932
2011-2012: S482, A473
2013-2014: S16, A350
2015-2016: S465, A1087
2017-2018: S4913, S7230, A3627

2019-S4060 (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.

2019-S4060 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4060

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:

S.7230 of 2018 (Hoylman): Died in Aging
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 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.

2019-S4060 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4060
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 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 360 of the laws of 2018, 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.  Such  form
 shall  be made available to any organization, entity, or agency partner-
 ing with the supervising agency pursuant to subdivision three-a of  this
 section.  Any  completed application received pursuant to paragraph d of
 subdivision three-a of this section shall be treated as if it  had  been
 received directly from the applicant or participant.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00781-02-9

 S. 4060                             2
 
 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
 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
 amended  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

 S. 4060                             3
 
 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)]  B.  The supervising agency shall approve or disapprove applica-
 tions and, if  it  approves,  shall  issue  a  rent  increase  exemption
 order/tax  abatement certificate. Copies of such order/certificate shall
 be issued 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 RECEIV-
 ING  AN EXEMPTION UNDER THIS SECTION VIA UNITED STATES POSTAL SERVICE TO
 THEIR PRIMARY RESIDENCE NO LESS THAN THIRTY DAYS PRIOR TO  THE  APPLICA-
 TION 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 S4060

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Sponsored By

Brad Hoylman-Sigal