What's happening
This bill allows local governments to make tax abatement benefits for senior and disabled tenants retroactive to income decreases, with limitations.
Why it matters
Retroactive relief can help vulnerable tenants recover from unexpected income drops. By allowing local governments to make tax abatement benefits retroactive, the bill ensures that senior and disabled tenants who experience a sudden and significant income decrease aren't penalized by delays in paperwork or application timing, potentially providing much-needed financial relief dating back to when their hardship began.
Local control means variability in tenant protections. The decision to make benefits retroactive is left to each locality, meaning protections for seniors and people with disabilities may vary depending on where they live. This could create disparities in support for tenants facing similar circumstances across different regions.
Limits prevent indefinite retroactive claims. The bill restricts how far back retroactive benefits can go, tying them to the date of the tenant's most recent approved application or renewal. This cap protects local budgets from open-ended retroactive liability, while still offering meaningful support for recent income losses.
Focuses on genuine income loss, not changes in calculation. The amendment clarifies that only real, permanent decreases in household income qualify—not reductions arising from changes in how income is calculated by law—ensuring the program targets tenants with true financial need.
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Who cares
Headline styles
Retroactive Rent Relief for Tenants
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
- Print number 3780b
- Amend and recommit to aging
- Print number 3780a
- Amend and recommit 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 Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3780--B
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. ROZIC, CYMBROWITZ, BLAKE, RIVERA -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00999-05-9
A. 3780--B 2
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 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 may, at local option, be made retroactive to the date on which there was a permanent decrease in the combined income of all members of the household; provided, however, that the look-back period for the retroactive benefit pursuant to the redetermination shall be limited to the date upon which the head of household filed for the most recently approved application or renewal. 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.