NY State Senate Bill 2023-S7668

Senate Bill S7668

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2024	reported and committed to finance
Jan 03, 2024	referred to aging
Sep 25, 2023	referred to rules

Votes

- Mar 12, 2024 - Aging Committee Vote
  S7668
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Mar 12, 2024
      
      aye (7)
      
      Ashby
      
      Brisport
      
      Cleare
      
      Felder
      
      May
      
      Rolison
      
      Serrano

2023-S7668 (ACTIVE) - Details

See Assembly Version of this Bill:: A7930
Current Committee:: Senate Finance
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-b, RPT L; amd §26-605, NYC Ad Cd

2023-S7668 (ACTIVE) - Summary

Permits a redetermination of a tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities upon a permanent decrease in income.

2023-S7668 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7668

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the real property tax law and the administrative code of
the city of New York, in relation to redetermination based on income for
a tax abatement for rent-controlled and rent regulated property occupied
by senior citizens or persons with disabilities

 
PURPOSE:

To ensure when a person enrolled in the Senior Citizen Rent Increase
Exemption (SCRIE) or Disability Rent Increase Exemption (DRIE) program
experiences a decrease in their household income that the adjusted rent
is also decreased to a maximum of a third of household income.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends paragraph g of subdivision 3 of § 467-b
of the real property tax law to remove the stipulation which requires
there be more than a twenty percent permanent decrease in the combined

income of all members of a household before applying for a redetermi-
nation of the adjusted rent to income in the SCRIE or DRIE program.

Section two of the bill renumbers subparagraph 2 of paragraph a of
subdivision 4 of § 467-b of the real property tax law to subparagraph 3
and adds a new subparagraph 2 to require that where a head of household
whom a rent increase exemption order/tax abatement certificate has
previously been issued submits a renewal application where there is a
decrease in the combined income of all members of the household, the
head of the household shall be issued a order/certificate in an amount
not in excess of that portion of any increase in maximum rent or legal
regulated rent which causes such maximum rent or local regulated rent to
exceed one-third of the combined income of all members of the household.

Section three of the bill amends subdivision (d) or § 26-605 of the
administrative code of the city of New York to remove the stipulation
which requires there be more than a twenty percent permanent decrease in
the combined income of all members of a household before applying for a
redetermination of the adjusted rent to income in the Senior Citizen
Rent Increase Exemption or Disability Rent Increase Exemption program.

Section four of the bill adds subdivision (d-1) to § 26-605 of the
administrative code of the city of New York to require that where a head
of household whom a rent increase exemption order/tax abatement certif-
icate has previously been issued submits a renewal application where
there is a decrease in the combined income of all members of the house-
hold, the head of the household shall be issued a order/certificate in
an amount not in excess of that portion of any increase in maximum rent
or legal regulated rent which causes such maximum rent or local regu-
lated rent to exceed one-third of the combined income of all members of
the household.

Section five of the bill provides the effective date.

 
JUSTIFICATION:


The SCRIE and DRIE programs help senior citizens and people with disa-
bilities remain in their homes by ensuring that the head of a household
who is either at least sixty-two years of age or a person with a disa-
bility, where the combined household income for all members of the
household is $50,000 or less, spend no more than one-third of their
monthly household income on rent or maintenance.

Currently, for benefits starting later than July 15, 2015, with each
renewal lease, the rent amount is calculated to one-third of the house-
hold's monthly income. If that amount is greater than the existing
frozen rent, the frozen rent is increased to match the higher amount.
However, increases in frozen rent are not readjusted for future
decreases in income. Therefore, if the household income of an individual
enrolled in either program experiences a temporary increase, for example
if a tenant receives a payout from an investment vehicle, their frozen
rent is increased, but should the household income subsequently then
return to the previous amount, the adjusted rent would remain the same
and the tenant might be required to pay a higher frozen rent indefinite-
ly. The goal of the program is to provide stable, affordable housing for
seniors and people with disabilities with a household income of $50,000
or less. Requiring adjusted rents to proportionally decrease when a
household experiences a decrease in income will help effectuate that
goal.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2023-S7668 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7668
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                            September 25, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the real property tax law and the administrative code of
   the city of New York, in relation to redetermination 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
 decrease  in  the combined income of all members of the household [in an
 amount which exceeds twenty percent of such  income  as  represented  in
 such  head of the household's last approved application for a tax abate-
 ment certificate or for renewal thereof], such head of the household may
 apply for a redetermination of the amount set forth therein. Upon appli-
 cation, 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, however, that in no event
 shall the amount of the adjusted rent be redetermined 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 fifteen; or (ii) in the case of a
 head of the household who  receives  a  monthly  allowance  for  shelter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11817-03-3

 S. 7668                             2
 
 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 paragraph, 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, nineteen 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.  Subparagraph 2 of paragraph a of subdivision 4 of section 467-b
 of the real property tax law is renumbered  subparagraph  3  and  a  new
 subparagraph 2 is added to read as follows:
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A HEAD
 OF  HOUSEHOLD  TO  WHOM  A  RENT  INCREASE EXEMPTION ORDER/TAX ABATEMENT
 CERTIFICATE HAS PREVIOUSLY  BEEN  ISSUED  UNDER  THIS  SECTION  WHO  HAS
 SUBMITTED  A  RENEWAL  APPLICATION  PURSUANT TO SUBPARAGRAPH ONE OF THIS
 PARAGRAPH WHERE THERE IS A  DECREASE  IN  THE  COMBINED  INCOME  OF  ALL
 MEMBERS  OF  THE HOUSEHOLD, SHALL BE ISSUED SUCH ORDER/CERTIFICATE IN AN
 AMOUNT NOT IN EXCESS OF THAT PORTION OF ANY INCREASE IN MAXIMUM RENT  OR
 LEGAL  REGULATED  RENT WHICH CAUSES SUCH MAXIMUM RENT OR LEGAL REGULATED
 RENT TO EXCEED ONE-THIRD OF THE COMBINED INCOME OF ALL  MEMBERS  OF  THE
 HOUSEHOLD.
   §  3.  Subdivision (d) of section 26-605 of the administrative code of
 the city of New York, as amended by chapter 553 of the laws of 2015,  is
 amended to read as follows:
   (d)  Notwithstanding any other provision of law to the contrary, where
 an eligible head of the household holds a current, valid  rent  increase
 exemption  order/tax abatement certificate and, after the effective date
 of this subdivision, there is a permanent  decrease  in  income  [in  an
 amount  which  exceeds  twenty  percent of such income as represented in
 such eligible head of household's last approved application for  a  rent
 increase exemption order/tax abatement certificate or for renewal there-
 of], such eligible head of the household may apply for a redetermination
 of  the amount set forth therein. Upon application, such amount shall be
 redetermined so as to reestablish the ratio of adjusted rent  to  income
 which  existed  at  the  time  of  approval of such eligible head of the
 household's last application for a  rent  increase  exemption  order/tax
 abatement certificate or for renewal thereof; provided, however, that in
 no event shall the amount of the adjusted rent be redetermined to be (i)
 in  the case of an eligible head of the household who does not receive a
 monthly allowance for shelter pursuant to the social services law,  less
 than  one-third of income unless such head of the household qualifies as
 a person with a disability pursuant to section 26-617  of  this  chapter
 and  has  been  granted  a  rent  increase exemption order/tax abatement
 certificate that is in effect as of January first, two thousand  fifteen
 or  takes  effect on or before July first, two thousand fifteen; or (ii)
 in the case of an eligible 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 eligible head of the household
 is entitled to receive pursuant to law. For purposes  of  this  subdivi-
 sion,  a  decrease  in  income  shall not include any decrease in income
 resulting from the manner in which income is calculated pursuant to  any
 amendment  to  paragraph  f  of  subdivision one of section four hundred
 sixty-seven-c of the real property tax law or an amendment  to  subdivi-
 sion  f  of  section  26-601  of this code made on or after April first,
 S. 7668                             3
 
 nineteen hundred  eighty-seven.    For  purposes  of  this  subdivision,
 "adjusted  rent"  shall mean maximum rent less the amount set forth in a
 rent increase exemption order/tax abatement certificate.
   § 4. Section 26-605 of the administrative code of the city of New York
 is amended by adding a new subdivision (d-1) to read as follows:
   (D-1)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, A
 HEAD OF HOUSEHOLD TO WHOM A RENT INCREASE EXEMPTION ORDER/TAX  ABATEMENT
 CERTIFICATE HAS PREVIOUSLY BEEN ISSUED UNDER THIS CHAPTER, CHAPTER THREE
 OR  CHAPTER  FOUR  OF THIS TITLE WHO HAS SUBMITTED A RENEWAL APPLICATION
 PURSUANT TO THIS SECTION WHERE THERE IS A DECREASE   IN    THE  COMBINED
 INCOME   OF   ALL  MEMBERS  OF  THE  HOUSEHOLD,  SHALL  BE  ISSUED  SUCH
 ORDER/CERTIFICATE IN AN AMOUNT NOT IN EXCESS  OF  THAT  PORTION  OF  ANY
 INCREASE IN MAXIMUM RENT OR LEGAL REGULATED RENT WHICH CAUSES SUCH MAXI-
 MUM  RENT  OR  LEGAL  REGULATED RENT TO EXCEED ONE-THIRD OF THE COMBINED
 INCOME OF ALL MEMBERS OF THE HOUSEHOLD.
   § 5. This act shall take effect immediately.

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