What's happening
This bill requires that any tax abatement rent redetermination for seniors or disabled tenants be applied retroactively to the date their household income permanently decreased.
Why it matters
Provides financial relief to seniors and disabled tenants faster. By making rent reductions retroactive to the date when a permanent income drop occurred, vulnerable tenants can potentially receive refunds or credits for the months they overpaid, rather than only benefiting from lower rent moving forward.
Reduces financial hardship during periods of income loss. Seniors and people with disabilities often experience sudden, significant drops in income due to retirement, health issues, or loss of benefits. Retroactive rent adjustments help ensure they are not unfairly burdened by higher rent while waiting for paperwork to process.
Creates stronger incentives to report income changes. Tenants may be more likely to promptly notify authorities of income decreases, knowing they will be made whole for any overpayments, which can improve accuracy in rent calculations and reduce disputes.
May impact landlords and city finances. Landlords could see changes in when and how much rent they collect, and municipalities may need to adjust how and when they process abatements and reimbursements, potentially affecting budget planning and administrative workload.
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Who cares
Headline styles
Retroactive Rent Relief for Seniors
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
3 Co-sponsors
1 Multi-sponsor
History
- Referred to aging
- Referred to aging
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Retroactive Rent Relief for Seniors
In Senate Committee · Aging · Sponsor Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1338
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ROZIC, CYMBROWITZ, RIVERA -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Aging
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
The People of the State of New York, represented in Senate and Assembly, 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 abatement certificate or for renewal thereof, such 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 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 pursuant to the social services law, less than the maximum allowance for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00406-01-7
A. 1338 2
shelter which such head of the household is entitled to receive pursuant to such law. When a redetermination of the adjusted rent has been made pursuant to this paragraph, such redetermination shall be made retroactive to the date on which there was a permanent decrease in the combined income of all members of the household. 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. This act shall take effect immediately; provided, however, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.