What's happening
This bill allows local governments to offer tax abatements or rent increase exemptions to senior citizens earning under $70,000 if their rent exceeds half their income.
Why it matters
Targets rent-burdened seniors. The bill specifically aims to help senior citizens whose rent consumes more than half their total household income, meaning it addresses those most at risk of housing instability.
Local government flexibility. By authorizing (but not requiring) local governments to adopt these abatements/exemptions, it empowers cities, towns, and villages to tailor relief to local needs and budgets, resulting in potentially uneven access depending on where a senior lives.
Income and age restrictions. Only seniors aged 62 or older with a household income under $70,000 qualify, focusing relief on moderate- and lower-income seniors but excluding those above the threshold, regardless of local cost of living variations.
Potential impact on landlords and tax revenues. Since the tax abatement reduces property taxes for landlords of qualifying tenants, it may encourage landlords to rent to eligible seniors, but it could also slightly reduce municipal tax revenues or shift the tax burden to other property owners.
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Who cares
Headline styles
Protect Seniors From High Rent
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- 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.
Protect Senior Renters' Incomes
Stricken · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4951
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sens. DIAZ, AVELLA, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Aging
AN ACT to amend the real property tax law, in relation to adding rent protection for senior citizens whose household income does not exceed seventy thousand dollars in cases where their rent is more than onehalf of their income
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 467-b of the real property tax law is amended by adding a new subdivision 11 to read as follows:
11. a. Notwithstanding subdivisions two and three of this section, or any other provision of law to the contrary, and in addition to any existing senior citizen rent exemption, the governing body of any city, town or village is hereby authorized and empowered to adopt, after public hearing, a local law, ordinance or resolution providing for the abatement of taxes of said municipal corporation imposed on real property containing a dwelling unit as defined in this section by an amount not in excess of that portion of any increase in maximum rent which causes such maximum rent to exceed one-half of the combined income of all members of the household, where: (1) the head of the household is a person sixty-two years of age or older; and (2) the household income does not exceed seventy thousand dollars per year.
b. Any such local law, ordinance or resolution established pursuant to paragraph a of this subdivision, shall provide that for a dwelling unit where the head of the household qualifies as a person with a disability pursuant to subdivision five of this section, no tax abatement shall be granted if the combined income for all members of the household for the current income tax year exceeds the maximum income at which such head of the household would not be eligible to receive cash supplemental security income benefits under federal law during such tax year.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07178-01-7
S. 4951 2
§ 2. Section 467-c of the real property tax law is amended by adding a new subdivision 13 to read as follows:
13. a. Notwithstanding subdivisions two and three of this section or any other provision of law to the contrary, and in addition to any existing senior citizen rent exemption, the governing body of any city having a population of one million or more, acting through its local legislative body or other governing agency is hereby authorized and empowered to adopt and amend local laws or ordinances providing that real property of a housing company shall be exempt from real property taxes, in an amount equal to the rent increase exemptions actually credited to eligible heads of households pursuant to this section. Any such exemption shall be in addition to any other exemption or abatement of taxes authorized by law.
b. Any such local law or ordinance shall provide that a head of the household sixty-two years of age or older, whose household income does not exceed seventy thousand dollars per year, may obtain a rent increase exemption order/tax abatement certificate entitling him or her to an exemption from increases in the maximum rent otherwise payable where the head of the household does not receive a monthly allowance for shelter pursuant to the social services law, the amount by which increases in the maximum rent subsequent to such person's eligibility date have resulted in the maximum rent exceeding one-half of the combined income of all members of the household for the taxable period.
§ 3. 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 survive the expiration and reversion of such section as provided in section 17 of chapter 576 of the laws of 1974, as amended.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property tax law, in relation to adding rent protection for senior citizens whose household income does not exceed seventy thousand dollars in cases where their rent is more than one-half of their income
Purpose or general idea of bill
This bill would amend the Senior Citizen Rent Increase Exemption (SCRIE) 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 1. Amends the Real Property Tax Law (RPTL), section 467-b, by adding a new subdivision 11. Permits a locality to adopt a local law that provides additional protections for senior citizens where the head of household is sixty-two years of age or older and whose household income does not exceed seventy thousand dollars in cases where their rent is more than one-half of their income.
Read the full memo (695 words)
Section 2. Amends the Real Property Tax Law, section 467-c, by adding a new subdivision 13. Permits a locality to adopt a local law that provides additional protections for senior citizens who reside in Mitchell-Lama dwellings where the head of household is sixty-two years of age or older and whose household income does not exceed seventy thousand dollars in cases where their rent is more than one-half of their income.
Section 3. Effective Date.
Existing law
Real Property Tax Law; Section 467-b; Tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities and Real Property Tax Law; Section 467-c; Exemption for property owned by certain housing companies and occupied by senior citizens or persons with disabilities.
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.
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.
Prior legislative history
2016: S.177A - AMEND AND RECOMMIT TO AGING/A.5553-A -amend and recommit to aging 2015: S.177 - REFERRED TO AGING/A.5553 - referred to aging 2014: S.17A - Referred to Aging/A.32A - Referred to Aging 2013: S.17A - Amended and Recommitted to Aging/A.32A - Amended and Recommitted to Aging 2012: S.483 - Referred to Housing, Construction and Community Development 2011: S.483 - Discharged from Aging and Committed to Housing, Construction and Community Development 2009-10: 5.7539 - Reported and Committed to Finance/A.2446 - Referred to Aging 2008: A.10759 - Referred to Aging
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately, with provisions.
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