NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5836
SPONSOR: Reyes
 
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 citi-
zens 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 redetermination 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 redetermined
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:
2020: A03780 (Rozic) - Aging
2019: A03780 (Rozic) - Aging
2018: A01338 (Rozic) - Aging
2017: A01338 (Rozic) - Aging
2016: A00058A (Rozic) - Aging
2015: A00058 (Rozic) - Aging
2014: A05274 (Rozic) - Aging
2013: A05274 (Rozic) - Aging
2012: A1526 (Colton) - Aging
2011: A1526 (Colton) - Aging
2010: A1260A (Colton) - Aging
2009: A1260A (Colton) - Aging
2008: A5344 (Colton) - Aging
2007: A5344 (Colton) - Aging
2006: A3220 (Colton) - Aging
2005: A3220 (Colton) - Aging
2004: A5835 (Colton) - Aging
2003: A5835 (Colton) - Aging
 
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.
STATE OF NEW YORK
________________________________________________________________________
5836
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. REYES, ROZIC -- 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 Assem-bly, do enact as follows:
1 Section 1. Paragraph g of subdivision 3 of section 467-b of the real
2 property tax law, as amended by chapter 553 of the laws of 2015, is
3 amended to read as follows:
4 g. notwithstanding any other provision of law to the contrary, where a
5 head of the household holds a current, valid tax abatement certificate
6 and, after the effective date of this paragraph, there is a permanent
7 decrease in the combined income of all members of the household in an
8 amount which exceeds twenty percent of such income as represented in
9 such head of the household's last approved application for a tax abate-
10 ment certificate or for renewal thereof, such head of the household may
11 apply for a redetermination of the amount set forth therein. Upon appli-
12 cation, such amount shall be redetermined so as to re-establish the
13 ratio of adjusted rent to income which existed at the time of approval
14 of such head of the household's last application for a tax abatement
15 certificate or for renewal thereof; provided, however, that in no event
16 shall the amount of the adjusted rent be redetermined to be (i) in the
17 case of a head of the household who does not receive a monthly allowance
18 for shelter pursuant to the social services law, less than one-third of
19 the combined income of all members of the household unless such head of
20 the household has been granted a rent increase exemption order that is
21 in effect as of January first, two thousand fifteen or takes effect on
22 or before July first, two thousand fifteen; or (ii) in the case of a
23 head of the household who receives a monthly allowance for shelter
24 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.
LBD05787-01-3
A. 5836 2
1 shelter which such head of the household is entitled to receive pursuant
2 to such law. When a redetermination of the adjusted rent has been made
3 pursuant to this paragraph, such redetermination may, at local option,
4 be made retroactive to the date on which there was a permanent decrease
5 in the combined income of all members of the household; provided, howev-
6 er, that the look-back period for the retroactive benefit pursuant to
7 the redetermination shall be limited to the date upon which the head of
8 household filed for the most recently approved application or renewal.
9 For purposes of this paragraph, a decrease in the combined income of all
10 members of the household shall not include any decrease in such income
11 resulting from the manner in which income is calculated pursuant to any
12 amendment to paragraph c of subdivision one of this section made on or
13 after April first, nineteen hundred eighty-seven. For purposes of this
14 paragraph, "adjusted rent" shall mean maximum rent or legal regulated
15 rent less the amount set forth in a tax abatement certificate.
16 § 2. This act shall take effect immediately.