Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling

2 Co-sponsors

• Tony Avella
• Bill Perkins

Title of bill

An act to amend the real property tax law, in relation to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities

Purpose or general idea of bill

Makes rent re-determinations under the Senior Citizen Rent Increase Exemption Program (SCRIE) and the Disability Rent Increase Exemption Program (DRIE) retroactive to the time of the decrease in income of the household.

Summary of specific provisions

Paragraph g of subdivision 3 of section 467b of the real property law as amended by chapter 553 of the laws of 2015 is amended.

When a re-determination of the adjusted rent has been made pursuant to this paragraph, such re-determination shall be made retroactive to the date there was a permanent decrease in the combined income of all members of the household.

Justification

The SCRIE and DRIE programs provide exemption for low income senior citizen and disabled tenants from certain rent increases. Senior citizens and disabled citizens who lose an income earning spouse and have been benefiting from the SCRIE or DRIE programs, are entitled to a redetermination of their rent based on their now lower income.

Unfortunately, because the re-determination process takes time, widowed seniors or persons with disabilities may be left paying a higher rent than they can now afford. This legislation makes the lower re-determined rent retroactive to the date of the loss of income, allowing widowed, low income seniors or persons with disabilities to maintain their apartments.

Prior legislative history

This bill was previously introduced.

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided that the amendments to section 467-b of the real property tax law made by section one of this act shall not affect the expiration of such section pursuant to section 17 of chapter 576 of the laws of 1974, as amended, and shall be deemed to expire therewith.