NY State Senate Bill 2021-S8323

Senate Bill S8323

2021-2022 Legislative Session

Relates to the definition of income for purposes of the senior citizen rent increase exemptions (SCRIE) program

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
Feb 14, 2022	referred to aging

2021-S8323 (ACTIVE) - Details

See Assembly Version of this Bill:: A4270
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: A1644
2011-2012: A1231, A8608
2013-2014: A4793
2015-2016: A2856
2017-2018: A6232
2019-2020: A7230
2023-2024: S1152, A3218

2021-S8323 (ACTIVE) - Summary

Excludes social security payments and supplemental security income from the definition of "income" for the purposes of determining eligibility under the senior citizen rent increase exemption (SCRIE).

2021-S8323 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8323

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to the definition
of income for purposes of the senior citizen rent increase exemptions
(SCRIE) program

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the real property tax law to permit a municipality to make 100%
of social security income exempt from calculation for the SCRIE program
eligibility. Under current law, all social security income is included
when determining eligibility for the SCRIE program.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph c of subdivision 1 of section
467-b of the real property tax law to read that income shall not include
income from social security benefits or supplemental security income
payments if the governing board of the municipality in which the senior

citizen resides, after public hearing, adopts a local law, ordinance, or
resolution electing to exempt such benefits and payments.

Section 2 of the bill amends paragraph t of subdivision 1 of section
467-c of the real property tax law to read that income shall not include
income from social security benefits or supplemental security income
payments if the governing board of the municipality in which the senior
citizen resides, after public hearing, adopts a local law, ordinance, or
resolution electing to exempt such benefits and payments.

Section 3 is the effective date.

 
 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 N/A

 
JUSTIFICATION:

Each year the rate of inflation increases at a far greater rate than the
increases in social security income benefits. This puts many senior
citizens who live in New York City in a very difficult financial posi-
tion. It is no secret that a large portion of a senior citizen's income
in NYC is applied towards housing costs; adding these costs with the
price of healthcare and prescription drugs puts seniors in a fiscal
crisis. This bill would work towards solving that crisis by excluding
social security income from the calculation for eligibility in the SCRIE
program, therefore allowing more seniors to enroll and take part in the
benefits of stabilized rent rates. This in turn would allow seniors to
apply the money they would have had to use for the increase in rent
towards food, prescription drugs and other necessities.

 
PRIOR LEGISLATIVE HISTORY:

2003-04:A8473 - a Passed Assembly

2005-06:A3372 - Passed Assembly.

2007-08:A1249 - Passed Assembly.

2009-10:A1644 - Referred to Real Property Taxation, reference changed to
Aging

2011-12:A.8608 - Referred to Real Property Taxation

2013-14:A4793 - Referred to Real Property Taxation, reference changed to
Aging

2015-16:A2856 Referred to Aging

2017-18:A6232 Referred to Aging

2019-20:A7230 Referred to Aging

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately, with provisions.

2021-S8323 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8323
 
                             I N  S E N A T E
 
                             February 14, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 the definition
   of income for purposes of the senior citizen rent increase  exemptions
   (SCRIE) program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph c of subdivision 1 of section 467-b of  the  real
 property  tax  law,  as  amended  by chapter 500 of the laws of 2001, is
 amended to read as follows:
   c. "Income" means income from  all  sources  after  deduction  of  all
 income  and  social  security  taxes  and  includes  social security and
 retirement benefits, supplemental security income and  additional  state
 payments,  public  assistance  benefits, interest, dividends, net rental
 income, salary or earnings, and net  income  from  self-employment,  but
 shall  not  include  gifts or inheritances, payments made to individuals
 because of their status as victims of Nazi persecution,  as  defined  in
 P.L.  103-286,  or increases in benefits accorded pursuant to the social
 security act or a public or private pension paid to any  member  of  the
 household which increase, in any given year, does not exceed the consum-
 er  price  index  (all  items  United States city average) for such year
 which take effect after the date of eligibility of head of the household
 receiving benefits hereunder whether received by the head of the  house-
 hold  or any other member of the household; PROVIDED HOWEVER THAT INCOME
 SHALL NOT INCLUDE INCOME FROM SOCIAL SECURITY BENEFITS  OR  SUPPLEMENTAL
 SECURITY  INCOME  PAYMENTS IF THE GOVERNING BOARD OF THE MUNICIPALITY IN
 WHICH THE SENIOR CITIZEN RESIDES, AFTER PUBLIC HEARING, ADOPTS  A  LOCAL
 LAW,  ORDINANCE,  OR  RESOLUTION  ELECTING  TO  EXEMPT SUCH BENEFITS AND
 PAYMENTS;
   § 2. Paragraph f of subdivision 1 of section 467-c of the real proper-
 ty tax law, as amended by chapter 500 of the laws of 2001, is amended to
 read as follows:
   f. "Income" means income received by the eligible head of  the  house-
 hold combined with the income of all other members of the household from
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08748-01-1
 S. 8323                             2
 
 all  sources after deduction of all income and social security taxes and
 includes without limitation, social security  and  retirement  benefits,
 supplemental  security  income  and  additional  state  payments, public
 assistance  benefits, interest, dividends, net rental income, salary and
 earnings, and net income from self employment,  but  shall  not  include
 gifts  or  inheritances,  payments  made to individuals because of their
 status as victims of Nazi persecution as defined in  P.L.  103-286,  nor
 increases  in benefits accorded pursuant to the social security act or a
 public or private pension paid to any  member  of  the  household  which
 increase,  in  any  given year, does not exceed the consumer price index
 (all items United States city average) for such year which  take  effect
 after  the eligibility date of an eligible head of the household receiv-
 ing benefits hereunder whether received by  the  eligible  head  of  the
 household  or  any other member of the household. When the eligible head
 of the household has retired on or after the commencement of the taxable
 period and prior to the  date  of  making  an  application  for  a  rent
 increase  exemption  order/tax  abatement  certificate  pursuant to this
 section, such person's income shall be adjusted by excluding  salary  or
 earnings  and projecting such person's retirement income over the entire
 taxable period.  FOR PURPOSES OF DETERMINING  INCOME  PURSUANT  TO  THIS
 PARAGRAPH, INCOME SHALL NOT INCLUDE SOCIAL SECURITY BENEFITS AND SUPPLE-
 MENTAL  SECURITY  INCOME  PAYMENTS  IF  THE GOVERNING BOARD OF THE LOCAL
 MUNICIPALITY IN WHICH THE SENIOR CITIZEN RESIDES,  AFTER PUBLIC HEARING,
 ADOPTS A LOCAL LAW, ORDINANCE, OR RESOLUTION  ELECTING  TO  EXEMPT  SUCH
 BENEFITS AND PAYMENTS.
   § 3. This act shall take effect immediately.

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