Relates to providing a rent increase exemption to persons with disabilities

Summary of specific provisions

Amends §457-b and §467-c 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 Administration 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 Security Income (SSI), and do not fit into either of the previous categories, is unchanged.

The bill also specifies that this expansion of DRIE 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 legislation would permit any locality to adopt this enhanced eligibility including localities in which a DRIE 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 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 abatements. 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 application 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, transportation, medical devices, prostheses, work-related equipment and assistants, residential modifications, medications and medical services, diagnostic procedures, and non-medical 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 8S1 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

2010: A.1062-A Reported to Ways and Means; S.3539-A Passed Senate 2009: A.1062-A Referred to Aging; S.3539 Ordered to Third Reading 2008: A.7244 Passed Assembly; S.1681 Referred to Aging 2007: A.7244 Passed Assembly; S.1681 Referred to Aging 2006: A.8972-A Passed Assembly; S.5802-B Referred to Rules 2005: A.8972 Referred to Aging; S.5802-A Referred to Rules

Fiscal implications

Negligible.

Effective date

This act 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.