S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2806
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 and the administrative code of
   the city of New York, in relation to establishing a  maximum  rent  of
   one-third  of  household  income for the senior citizens rent increase
   exemption (SCRIE) and disability rent increase exemption (DRIE)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "senior citizens rent increase exemption (SCRIE) and disability rent
 increase exemption (DRIE) rollback act".
   § 2. Subdivision 4 of section 467-b of the real property  tax  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  PROVIDED,  HOWEVER, THAT IN A CITY OF A POPULATION OF ONE MILLION
 OR MORE, A TAX ABATEMENT CERTIFICATE SETTING FORTH AN  AMOUNT  EQUAL  TO
 THE  AMOUNT  BY  WHICH  THE  MAXIMUM RENT OR LEGAL REGULATED RENT OF THE
 SUBSEQUENT DWELLING UNIT EXCEEDS ONE-THIRD OF THE COMBINED INCOME OF ALL
 MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE PERIOD SHALL BE ISSUED BY  SAID
 AGENCY  TO EACH HEAD OF HOUSEHOLD WHO IS FOUND TO BE ELIGIBLE UNDER THIS
 SECTION AND UPON APPLICATION TO THE APPROPRIATE RENT CONTROL  AGENCY  OR
 ADMINISTRATIVE  AGENCY  ON A FORM PRESCRIBED BY SAID AGENCY ON OR BEFORE
 THE LAST DATE PRESCRIBED BY LAW FOR THE PAYMENT  OF  THE  TAXES  OR  THE
 FIRST INSTALLMENT THEREFOR OF ANY MUNICIPAL CORPORATION WHICH HAS GRANT-
 ED  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 OR EACH MUNICIPAL CORPORATION WHICH HAS GRANTED THE
 ABATEMENT OF TAXES AUTHORIZED BY THIS SECTION.
   § 3. Subdivision (a) of section 26-605 of the administrative  code  of
 the  city  of New York, as amended by local law number 98 of the city of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06414-01-1
              

 S. 2806                             2
 
 New York for the year 1985 and paragraph 3 as added by  chapter  553  of
 the laws of 2015, is amended to read as follows:
   (a)  Subject to the provisions of this chapter an eligible head of the
 household may obtain  a  rent  increase  exemption  order/tax  abatement
 certificate  entitling  him or her to an exemption from increases in the
 maximum rent EQUAL TO THE AMOUNT BY WHICH  THE  MAXIMUM  RENT  OR  LEGAL
 REGULATED  RENT OF THE SUBSEQUENT DWELLING UNIT EXCEEDS ONE-THIRD OF THE
 COMBINED INCOME OF ALL MEMBERS OF THE HOUSEHOLD otherwise payable in one
 of the following amounts:
   (1) where the eligible head of the household does not receive a month-
 ly allowance for shelter pursuant to the social services law, the amount
 by which increases in the  maximum  rent  subsequent  to  such  persons'
 eligibility  date  have resulted in the maximum rent exceeding one-third
 of the combined income of all members of the household for  the  taxable
 period,  except  that  in no event shall a rent increase exemption order
 tax abatement certificate become effective prior to January first, nine-
 teen hundred seventy-six; or
   (2) where the eligible head of the household receives a monthly allow-
 ance for shelter pursuant to the social  services  law,  an  amount  not
 exceeding  that  portion  of  any increase in maximum rent subsequent to
 such person's eligibility date which  is  not  covered  by  the  maximum
 allowance  for shelter which such person is entitled to receive pursuant
 to the social services law.
   [(3) notwithstanding paragraph one  of  this  subdivision,  where  the
 eligible  head  of  the  household is a person who qualifies as a person
 with a disability pursuant to section 26-617 of this chapter and who has
 been granted a rent increase exemption order that is  in  effect  as  of
 January  first,  two  thousand fifteen or takes effect on or before July
 first, two thousand fifteen, the amount  specified  in  such  order,  as
 adjusted  by  any other provision of this chapter, regardless of whether
 increases in the maximum rent subsequent to  such  persons'  eligibility
 date  have  resulted  in  the  maximum  rent  exceeding one-third of the
 combined income of all members of the household for the taxable period.]
   § 4. Item (a) of subparagraph (i) of paragraph 3 of subdivision  b  of
 section  26-509  of  the administrative code of the city of New York, as
 amended by local law number 98 of the city of  New  York  for  the  year
 1985, is amended to read as follows:
   (a)  in  the  case  of  a head of the household who does not receive a
 monthly allowance for shelter pursuant to the social services law,  that
 the  landlord  may not collect from the tenant to whom it is issued rent
 at a rate in excess of [either] one-third of  the  aggregate  disposable
 income[,  or  the  rent  in effect immediately preceding the eligibility
 date, whichever is greater]; or
   § 5. This act shall take effect immediately; provided that the  amend-
 ments  to  section 26-509 of chapter 4 of title 26 of the administrative
 code of the city of New York made by section  four  of  this  act  shall
 expire  on  the  same  date as such law expires and shall not affect the
 expiration of such law as provided under section 26-520 of such law.