What's happening
This bill allows rent-adjusted tax abatements for seniors and disabled tenants to be recalculated retroactively after an income drop.
Why it matters
Provides financial relief more quickly to seniors and disabled tenants. by allowing tax abatement recalculations to be applied retroactively, potentially resulting in refunds or credits for overpaid rent during periods after an income drop.
Helps prevent housing instability among vulnerable populations. by ensuring that rent burdens are promptly adjusted when a tenant’s income decreases significantly, making it easier for seniors and disabled tenants to stay in their homes.
Increases administrative complexity for landlords and local government. since recalculations may require tracking and adjusting previous rent and tax payments, but also ensures greater fairness and accuracy in the program’s implementation.
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Who cares
Headline styles
Retroactive Rent Relief for Seniors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Assembly Committee · Aging · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5225
2017-2018 Regular Sessions
IN SENATE
March 16, 2017
Introduced by Sen. STAVISKY -- 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 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
S. 5225 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.
Sponsor's memo
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
To make rent re-determinations under the Senior Citizens 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 provisions
Section 1. Discusses the amendment to paragraph g of section 467-b(3) of the real property tax law by adding the following language: when are-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.
Section 2. Sets forth the effective date.
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 redetermination 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 redetermined rent retroactive to the date of the loss of income, allowing widowed, low income seniors or persons with disabilities to maintain their apartments.
Legislative history
this bill has been previously introduced.
Fiscal impact on the state
None.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.