What's happening
This bill allows local governments to make retroactive rent tax abatement adjustments for seniors and disabled tenants after income decreases.
Why it matters
Gives local governments the flexibility to backdate rent tax abatement adjustments. for eligible senior and disabled tenants, potentially increasing financial relief for those who experienced a significant income drop before their application was processed.
Establishes a clear limit for retroactive benefits. by tying the earliest possible adjustment date to when the tenant last filed a successful application or renewal, preventing open-ended retroactive claims but still offering meaningful relief for recent income losses.
May reduce financial hardship and housing insecurity. for vulnerable tenants by ensuring their rent burden reflects their current, lower income more accurately—even if administrative delays or late recognition of income loss would otherwise have meant missed benefits.
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Who cares
Headline styles
Retroactive Rent Relief for Seniors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to aging
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.224
- Referred to aging
- Returned to senate
- Died in assembly
- Referred to aging
- Delivered to assembly
- Passed senateVote 62–0
Show 7 earlier actions
- Ordered to third reading cal.1182
- Committee discharged and committed to rules
- Print number 2945b
- Amend and recommit to aging
- Print number 2945a
- 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 Tenants
In Assembly Committee · Aging · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2945--B
2019-2020 Regular Sessions
IN SENATE
January 31, 2019
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, 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 in effect as of January first, two thousand fifteen or takes effect on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00999-04-9
S. 2945--B 2
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.
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 occu- pied 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, at local option.
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 may, at local option, be made retroactive to the date there was a permanent decrease in the combined income of all members of the household, provided that the look-back period shall be limited to the most recent application.
Justification
The SCRIE and DRIE programs provide exemption for low income senior citizen and disabled tenants from certain rent increases. Senior citi- zens and disabled citizens who lose an income-earning spouse and have been benefiting from the SCRIE or DRIE programs, are entitled to a rede- termination 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 apart- ments.
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 this section 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.