NY State Senate Bill 2023-S710

Current 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
Jan 03, 2024	referred to aging
Jan 06, 2023	referred to aging

2023-S710 (ACTIVE) - Details

See Assembly Version of this Bill:: A453
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:: 2011-2012: A8625
2013-2014: A1893, A8469
2015-2016: A195
2017-2018: A1327
2019-2020: A1473
2021-2022: A3733

2023-S710 (ACTIVE) - Summary

Relates to providing a rent increase exemption to persons with disabilities.

2023-S710 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S710

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to providing a
rent increase exemption to persons with disabilities

 
PURPOSE:

This bill simplifies the application process for the Disability Rent
Increase Exemption (DRIE) program by providing for an income limit simi-
lar to that currently used for the Senior Citizen Rent Increase
Exemption (SCRIE) program.

 
SUMMARY OF SPECIFIC PROVISIONS:

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

*the DRIE income limit for persons who receive either Social Security
Disability Insurance (SSDI) or disability-related Medicaid is the same

as the income limit for SCRIE applicants; and

*the DRIE eligibility criteria for disabled veterans is categorical
eligibility based on receipt of benefits from the Veteran's Adminis-
tration if they meet the other criteria for eligibility (must live in a
rent regulated apartment and pay one-third or more of their income for
rent);

*the eligibility criteria for individuals who receive Supplemental Secu-
rity Income (SST), and do not fit into either of the previous catego-
ries, is unchanged.

The bill also specifies that this expansion of DRIB eligibility is a
local option so that a locality is not required to implement this
enhanced eligibility if they choose not to do so. However, this legis-
lation would permit any locality to adopt this enhanced eligibility
including localities in which a DRIB program already exists.

 
JUSTIFICATION:

In 2005, the Legislature acted to expand the SCRIE program to disabled
New Yorkers. SCRIE freezes rents for seniors living in rent-regulated
housing with their incomes below $29,000 per year who pay one-third or
more of their income for rent.  Landlords are compensated for the full
amount of the foregone rent through refundable real property tax abate-
ments.

Starting October 10, 2005, disabled New Yorkers became eligible for the
new benefit, commonly referred to as DRIE. The DRIE program is designed
to work the same way as SCRIE, however the income limits for DRIE vary
making it difficult for consumers to know if they meet the eligibility
criteria.

While the SCRIE program uses an income limit regardless of household
size (recently increased to $29,000), the DRIE program income limit
varies depending on household size. In addition, the current DRIE appli-
cation process is more complex as applicants must factor in impairment
related work expenses (IRWEs), or blind work expenses (BWEs) in order to
determine their income. Such expenses include attendant care, transpor-
tation, medical devices, prostheses, work-related equipment and assist-
ants, residential modifications, medications and medical services, diag-
nostic procedures, and nonmedical appliances and devices. Under this
legislation, applicants would no longer need to determine these
expenses.

This legislation also simplifies the application process by allowing
disabled veterans, provided they meet any of the eligibility criteria,
to be categorically eligible just as 851 recipients are now. While 94%
of disabled veterans are already eligible for the program, the remaining
6% that will become eligible by this legislation are those which are
severely disabled and therefore receive higher disability compensation.

 
LEGISLATIVE HISTORY:

2019-20: A.1473 - Referred to Aging

2017-18: A.1327 - Referred to Aging

2015-16: A.195 - Referred to Aging

2013-14: A.8469 - Referred to Aging

2011-12: A.8625 - Referred to Aging; S.398-A - Referred to Aging

2009-10: A.1062-A - Reported to Ways & Means; S.3539-A - Passed Senate

2007-08: A.7244 - Passed Assembly; S.1687 - Referred to Aging

2005-06: A.8972-A - Passed Assembly; S.5802 - Referred to Rules Means;

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred twentieth 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.

2023-S710 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    710
 
                        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  providing  a
   rent increase exemption to persons with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 3 of section 467-b of  the  real
 property  tax law, as amended by section 1 of chapter 129 of the laws of
 2014, is amended to read as follows:
   b. (1) for a dwelling unit where the head of the  household  qualifies
 as  a  person  with  a  disability  pursuant to subdivision five of this
 section, no tax abatement shall be granted if the  combined  income  for
 all  members  of  the  household for the current income tax year exceeds
 fifty thousand dollars beginning July first, two thousand  fourteen,  as
 may be provided by the local law, ordinance or resolution adopted pursu-
 ant to this section[.]; OR
   (2) (I) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
 PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF CASH SUPPLEMENTAL SECURITY
 INCOME PURSUANT TO SUBDIVISION FIVE OF THIS SECTION,  NO  TAX  ABATEMENT
 SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD
 FOR  THE  CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME ABOVE WHICH
 SUCH HEAD OF HOUSEHOLD WOULD NOT BE ELIGIBLE  TO  RECEIVE  CASH  SUPPLE-
 MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
   (II)  FOR  A  DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
 PERSON WITH A DISABILITY DUE TO RECEIPT OF  SOCIAL  SECURITY  DISABILITY
 INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION
 OF  DISABILITY  AS  PROVIDED  IN  SECTION THREE HUNDRED SIXTY-SIX OF THE
 SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
 ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
 HOUSEHOLD FOR THE CURRENT INCOME TAX YEAR EXCEEDS  TWENTY-NINE  THOUSAND
 DOLLARS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02727-01-3

 S. 710                              2
 
   (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
 A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
 BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
 VETERANS  AFFAIRS  PURSUANT  TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
 ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
 HOUSEHOLD  FOR  THE  CURRENT  INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME
 ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
 SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
 FEDERAL LAW DURING SUCH TAX YEAR; AND
   (IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF
 SUCH INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, THE  INCOME
 FOR  SUCH  YEAR  MAY  BE  ADJUSTED  BY  EXCLUDING SALARY OR EARNINGS AND
 PROJECTING HIS OR HER RETIREMENT INCOME OVER THE ENTIRE PERIOD  OF  SUCH
 YEAR.
   PROVIDED  THAT  A  MUNICIPALITY  SHALL  NOT BE REQUIRED TO ENACT A NEW
 LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER  PUBLIC  HEARING  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
 A  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARA-
 GRAPH  AND  THE  MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH
 ONE OF THIS PARAGRAPH.
   § 2. Paragraph b of subdivision 3 of section 467-b of the real proper-
 ty tax law, as amended by section 2 of chapter 129 of the laws of  2014,
 is amended to read as follows:
   b.  (1)  for a dwelling unit where the head of the household qualifies
 as a person with a disability  pursuant  to  subdivision  five  of  this
 section,  no  tax  abatement shall be granted if the combined income for
 all members of the household for the current  income  tax  year  exceeds
 fifty  thousand  dollars beginning July first, two thousand fourteen, as
 may be provided by the local law, ordinance or resolution adopted pursu-
 ant to this section[.]; OR
   (2) (I) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
 PERSON WITH A DISABILITY DUE TO RECEIPT OF  CASH  SUPPLEMENTAL  SECURITY
 INCOME  PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT
 SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD
 FOR THE CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME  ABOVE  WHICH
 SUCH  HEAD  OF  HOUSEHOLD  WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLE-
 MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
   (II) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD  QUALIFIES  AS  A
 PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF SOCIAL SECURITY DISABILITY
 INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION
 OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
 SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
 ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
 HOUSEHOLD  FOR  THE CURRENT INCOME TAX YEAR EXCEEDS TWENTY-NINE THOUSAND
 DOLLARS;
   (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
 A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
 BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
 VETERANS AFFAIRS PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,  NO  TAX
 ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
 HOUSEHOLD  FOR  THE  CURRENT  INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME
 ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
 SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
 FEDERAL LAW DURING SUCH TAX YEAR; AND
 S. 710                              3
 
   (IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF
 SUCH INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, THE  INCOME
 FOR  SUCH  YEAR  MAY  BE  ADJUSTED  BY  EXCLUDING SALARY OR EARNINGS AND
 PROJECTING HIS OR HER RETIREMENT INCOME OVER THE ENTIRE PERIOD  OF  SUCH
 YEAR.
   PROVIDED  THAT  A  MUNICIPALITY  SHALL  NOT BE REQUIRED TO ENACT A NEW
 LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER  PUBLIC  HEARING  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
 A  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARA-
 GRAPH  AND  THE  MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH
 ONE OF THIS PARAGRAPH.
   § 3. Paragraph m of subdivision 1 of section 467-c of the real proper-
 ty tax law, as amended by chapter 129 of the laws of 2014, is amended to
 read as follows:
   m. (1) "Person with a disability"  means  (I)  an  individual  who  is
 currently  receiving  social  security  disability  insurance  (SSDI) or
 supplemental security income (SSI) benefits  under  the  federal  social
 security  act  or disability pension or disability compensation benefits
 provided by the United States department of veterans  affairs  or  those
 previously eligible by virtue of receiving disability benefits under the
 supplemental  security  income program or the social security disability
 program and currently receiving medical  assistance  benefits  based  on
 determination  of disability as provided in section three hundred sixty-
 six of the social services law; and
   (II) whose income for the current income tax year, together  with  the
 income  of  all  members of such individual's household, does not exceed
 fifty thousand dollars beginning July first, two thousand  fourteen,  as
 may be provided by local law.
   (2)  IF  THE  GOVERNING  BOARD OF A MUNICIPALITY FURTHER ADOPTS, AFTER
 PUBLIC HEARING, A LOCAL LAW, ORDINANCE, OR RESOLUTION:
   (I) THE INCOME FOR THE CURRENT TAX YEAR, TOGETHER WITH THE  INCOME  OF
 ALL  MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL CURRENTLY
 RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSIST-
 ANCE BENEFITS BASED ON A DETERMINATION  OF  DISABILITY  AS  PROVIDED  IN
 SECTION  THREE  HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, MAY EXCEED
 THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE
 CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH
 TAX YEAR, BUT MAY NOT EXCEED TWENTY-NINE THOUSAND DOLLARS;
   (II) THE INCOME FOR THE CURRENT INCOME TAX  YEAR,  TOGETHER  WITH  THE
 INCOME  OF ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL
 WHO IS CURRENTLY RECEIVING DISABILITY PENSION OR DISABILITY COMPENSATION
 BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF  VETERANS  AFFAIRS,
 MAY EXCEED THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE
 TO  RECEIVE CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW
 DURING SUCH TAX YEAR, BUT MAY NOT EXCEED THE  MAXIMUM  INCOME  AT  WHICH
 SUCH  INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH DISABILITY PENSION OR
 DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
   § 4. Paragraph m of subdivision 1 of section 467-c of the real proper-
 ty tax law, as added by chapter 188 of the laws of 2005, is  amended  to
 read as follows:
   m.  (1)  "Person  with  a  disability"  means (I) an individual who is
 currently receiving  social  security  disability  insurance  (SSDI)  or
 supplemental  security  income  (SSI)  benefits under the federal social
 security act or disability pension or disability  compensation  benefits
 provided  by  the  United States department of veterans affairs or those
 S. 710                              4
 
 previously eligible by virtue of receiving disability benefits under the
 supplemental security income program or the social  security  disability
 program  and  currently  receiving  medical assistance benefits based on
 determination  of disability as provided in section three hundred sixty-
 six of the social services law; and
   (II) whose income for the current income tax year, together  with  the
 income  of  all  members of such individual's household, does not exceed
 the maximum income at which such individual would be eligible to receive
 cash supplemental security income benefits under federal law during such
 tax year.
   (2) IF THE GOVERNING BOARD OF A  MUNICIPALITY  FURTHER  ADOPTS,  AFTER
 PUBLIC HEARING, A LOCAL LAW, ORDINANCE, OR RESOLUTION:
   (I)  THE  INCOME FOR THE CURRENT TAX YEAR, TOGETHER WITH THE INCOME OF
 ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL  CURRENTLY
 RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSIST-
 ANCE  BENEFITS  BASED  ON  A  DETERMINATION OF DISABILITY AS PROVIDED IN
 SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW,  MAY  EXCEED
 THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE
 CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH
 TAX YEAR, BUT MAY NOT EXCEED TWENTY-NINE THOUSAND DOLLARS;
   (II)  THE  INCOME  FOR  THE CURRENT INCOME TAX YEAR, TOGETHER WITH THE
 INCOME OF ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN  INDIVIDUAL
 WHO IS CURRENTLY RECEIVING DISABILITY PENSION OR DISABILITY COMPENSATION
 BENEFITS  PROVIDED  BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,
 MAY EXCEED THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE
 TO RECEIVE CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL  LAW
 DURING  SUCH  TAX  YEAR,  BUT MAY NOT EXCEED THE MAXIMUM INCOME AT WHICH
 SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH DISABILITY PENSION  OR
 DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law provided, however, that:
   (a) the amendments to paragraph b of subdivision 3 of 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  paragraph  pursuant  to
 section 4 of chapter 129 of the laws of 2014, as amended, when upon such
 date the provisions of section two of this act shall take effect; and
   (b) the amendments to paragraph m of subdivision 1 of section 467-c of
 the  real  property  tax  law made by section three of this act shall be
 subject to the expiration and reversion of such  paragraph  pursuant  to
 section 4 of chapter 129 of the laws of 2014, as amended, when upon such
 date the provisions of section four of this act shall take effect.

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Senate Bill S710

Sponsored By

Current Bill Status - In Senate Committee Aging Committee

2023-S710 (ACTIVE) - Details

2023-S710 (ACTIVE) - Summary

2023-S710 (ACTIVE) - Sponsor Memo

2023-S710 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S710

Share this bill

Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Aging Committee

2023-S710 (ACTIVE) - Details

2023-S710 (ACTIVE) - Summary

2023-S710 (ACTIVE) - Sponsor Memo

2023-S710 (ACTIVE) - Bill Text download pdf

Comments