NY State Senate Bill 2023-S706

Senate Bill S706

2023-2024 Legislative Session

Relates to redetermination based on income for a tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to aging
Jan 06, 2023	referred to aging

2023-S706 (ACTIVE) - Details

See Assembly Version of this Bill:: A724
Current Committee:: Senate Aging
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8700
2015-2016: A814
2017-2018: A4214
2019-2020: A1215
2021-2022: A2310
2025-2026: A1901

2023-S706 (ACTIVE) - Summary

Relates to redetermination based on increases in income for a tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities.

2023-S706 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S706

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to redetermi-
nation based on income for a tax abatement for rent-controlled and rent
regulated property occupied by senior citizens or persons with disabili-
ties

 
PURPOSE:

This bill requires that the frozen rent of a recipient of the Senior
Citizen Rent Increase Exemption (SCREE) or Disability Rent Increase
Exemption (DRIE) only be increased by the administering agency if the
recipient household's income experiences a permanent increase of at
least twenty percent.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph g of subdivision 3 of section 467-b of the
real property tax law

Section two sets forth the effective date:

 
JUSTIFICATION:

Certain localities administering SCRIE and DRIE programs have enacted
local laws requiring increases in a household's frozen rent if the rent
falls below one-third of that household's income at the time of the
renewal application. However, since State law prohibits reductions in a
frozen rent except for permanent decreases in income, a household with a
temporary increase in income could therefore have a permanent increase
in frozen rent without possible redress, which goes against the spirit
of the law. This bill would require an administering locality, when
considering an applicant's redetermination based on income, to apply the
same standards of permanence to increases of at least twenty percent.

 
LEGISLATIVE HISTORY:

2019-20: A.1215 - Referred to Aging

2017-18: A.4214 -Referred to Aging

2015-16: A.814 - Referred to Aging

2013-14: A.8700 -Referred to Aging

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2023-S706 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    706
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 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  redetermi-
   nation  based  on  income  for a tax abatement for rent-controlled and
   rent regulated property occupied by senior citizens  or  persons  with
   disabilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph g of subdivision 3 of section 467-b of  the  real
 property  tax  law,  as  amended  by chapter 553 of the laws of 2015, is
 amended to read as follows:
   g. notwithstanding any other provision of law to the contrary, where a
 head of the household holds a current, valid tax  abatement  certificate
 and[,  after the effective date of this paragraph,] there is a permanent
 INCREASE OR decrease in the combined income of all members of the house-
 hold in an amount which exceeds twenty percent of such income as repres-
 ented in such head of the household's last approved  application  for  a
 tax  abatement  certificate  or  for  renewal  thereof, such head of the
 household may apply for a redetermination of the amount set forth there-
 in. SUCH DETERMINATION MAY ALSO BE UNDERTAKEN BY THE CITY  RENT  AGENCY.
 Upon [application] REDETERMINATION, such amount shall be redetermined so
 as to re-establish the ratio of adjusted rent to income which existed at
 the  time  of  approval of such head of the household's last application
 for a tax abatement certificate or for renewal thereof; provided, howev-
 er, that in no event shall the amount of the adjusted rent  be  redeter-
 mined  to  be  (i)  in  the case of a head of the household who does not
 receive a monthly allowance for shelter pursuant to the social  services
 law,  less  than  one-third of the combined income of all members of the
 household unless such head of the household  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00955-01-3

 S. 706                              2
 
 fifteen;  or  (ii) in the case of a head of the household who receives a
 monthly allowance for shelter pursuant to the social services law,  less
 than  the maximum allowance for shelter which such head of the household
 is  entitled to receive pursuant to such law. For purposes of this para-
 graph, a decrease in the combined income of all members of the household
 shall not include any decrease in such income resulting from the  manner
 in  which  income is calculated pursuant to any amendment to paragraph c
 of subdivision one of this section made on or after April  first,  nine-
 teen  hundred  eighty-seven.  For  purposes of this paragraph, "adjusted
 rent" shall mean maximum rent or legal regulated rent  less  the  amount
 set forth in a tax abatement certificate.
   § 2. This act shall take effect immediately.

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