Provides additional rent protection for senior citizens where their rent is more than one-half of their income

7 Co-sponsors

• Eric Adams
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• Toby Ann Stavisky

Title of bill

An act to amend the real property tax law, in relation to adding rent protection to senior citizens where their rent is more than one-half of their income

Purpose or general idea of bill

This bill would amend the SCRIE (Senior citizen Rent Increase Exemption) statutes to protect an additional category of senior citizen tenants,who do not fall within current statutory income limitations, but who nonetheless are being subjected to rent increases that constitute an unaffordable proportion of their incomes and therefore need protection.

Summary of specific provisions

Section one of the bill amends section 467-b of the Real property Tax Law (RPTL), relating to rent controlled and rent regulated dwellings, by adding a new subdivision 10 that permits a locality to adopt a local law that provides additional protection for an expanded category of senior citizens. Section 2 of the bill makes a similar amendment to RPTL §467-c, relating to Mitchell-Lama dwellings.

Current law permits this benefit to be adopted for senior citizen households that have combined household incomes under a specific income cap, set out in the statute, and that also have rents that exceed one third of household income. The amendments made by sections one and two of this bill would permit localities to extend similar protection to senior citizen households for which a rent increase would cause the rent to exceed one half of household income, without regard to the income caps that apply to situations where rent exceeds one third of household income.

Section three of the bill is the effective date.

Justification

Current law authorizes adoption of local laws to protect senior citizen tenants who: 1) have combined household incomes under a specific income cap, set out on a yearly basis in the Real Property Tax Law (RPTL), and 2) have rents that will increase to exceed one third of the household income. Unfortunately, in New York City and some surrounding areas, rents -- even regulated rents - have become so high that some senior citizens whose incomes exceed the statutory income limitations find themselves paying an unaffordable percentage of their incomes for rent. This bill would therefore permit localities to extend additional protection to such people, without in any way changing or diminishing the protection that is already in place for senior citizen households whose income falls below the statutory caps.

An analysis of data from the 2005 New York City Housing Vacancy Survey performed by the Community Service Society found that if the change proposed by this bill were to be made, an additional approximately 1100 households would qualify for the benefit. It should also be noted that, under current law, only approximately one third of eligible households have applied for and received the benefit, so it can be anticipated that not all newly eligible households would apply if this bill were to become law. However, those in need of protection would be able to apply for it.

Prior legislative history

A.10759 (2008)

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.