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A03627 Summary:

BILL NOA03627
 
SAME ASSAME AS S06961
 
SPONSORDinowitz
 
COSPNSRBenedetto, Gottfried, Rosenthal L, Abbate, Cook, Crespo, Perry, Wright, Rivera, Weprin, Colton, Seawright, Barron, Taylor
 
MLTSPNSRDenDekker, Epstein, Glick, Hevesi, McDonough, Miller MG, Oaks, Titone
 
Amd 467-b & 467-c, RPT L
 
Requires the appropriate rent control agency or administrative agency or supervising agency to send a notice of required renewal to each head of household currently receiving an exemption under the SCRIE program 30 days prior to the application renewal date.
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A03627 Actions:

BILL NOA03627
 
01/30/2017referred to aging
01/03/2018referred to aging
02/28/2018reported referred to ways and means
04/24/2018reported
04/26/2018advanced to third reading cal.780
04/30/2018passed assembly
04/30/2018delivered to senate
04/30/2018REFERRED TO AGING
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A03627 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3627
 
SPONSOR: Dinowitz (MS)
  TITLE OF BILL: An act to amend the real property tax law, in relation to renewal notices for applications under the SCRIE program   PURPOSE OR GENERAL IDEA OF BILL: To put in place a reminder mechanism for renewal for senior citizens enrolled in the Senior Citizen Rent Increase Exemption Program.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends subdivision 4 of section 467-b of the, Real Property Tax Law, as amended by chapter 442 of the laws of 2016. Requires that the appropriate rent control agency or administrative agency shall send a notice of required renewal to each head of household receiving SCRIE via US Mail no less than 30 days prior to expiration. Section 2. Amends subdivision 4 of section 467-h of the Real Property Tax Law, as added by chapter 689 of the laws of 1972. Requires that the appropriate rent control agency or administrative agency shall send a notice of required renewal to each head of household receiving SCRIE via US Mail no less than 30 days prior to expiration. Section 3. Amends subdivision 4 of Section 467-c of the Real Property Tax Law, as added by chapter 442 of the laws of 2016. Requires that the appropriate rent control agency or administrative agency shall send a notice of required renewal to each head of household receiving, SCRIE via US Mail no less than 30 days prior to expiration. Section 4. Effective Date.   JUSTIFICATION: The Senior Citizen Rent Increase Exemption Program provides much needed assistance to senior citizens in New York City by supplementing their rent payments, thereby keeping them in their homes and out of nursing homes. When this program was initially instituted it was administered by the New York City Department for the Aging. The administration of the SCRIP program has been transferred to the Finance Department, which does not have the capacity to assist seniors in the application and renewal process for this program. As a result many recipients have missed their renewal deadlines and have been forced to endure reapplication processes and in some cases a suspension of benefits. This bill is designed to make the renewal process simpler by putting in place a mechanism to remind eligible seniors to renew their benefits before they expire.   PRIOR LEGISLATIVE HISTORY: 2015-16: A.1087 - Passed Assembly/S.465 - Referred to Aging 2013-14: A.350-A - Passed Assembly/S.16-A - Referred to Aging 2011-12: A.473-A - Referred to Aging/S.482-A - Referred to Aging 2009-10: A.9932- Reported to Ways and Means/S.6853 - Passed Senate   FISCAL IMPLICATIONS: None to the State of New York.   EFFECTIVE DATE: This act shall take effect 90 clays after it shall have become law; provided that the amendments to section 467-b of the real property tax law made by section one at this act shall be subject to the expiration and reversion of such section pursuant to section 17 of chapter 576 of the laws of 1974. as amended, when upon such date tile provisions of section two of this act shall take effect.
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A03627 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3627
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ,  BENEDETTO,  GOTTFRIED, ROSENTHAL,
          ABBATE, COOK,  CRESPO,  PERRY,  WRIGHT,  RIVERA,  SIMANOWITZ,  WEPRIN,
          COLTON,  SEAWRIGHT  --  Multi-Sponsored  by  --  M.  of  A. DenDEKKER,
          FARRELL, GLICK, HEVESI, McDONOUGH, M. G. MILLER, OAKS, TITONE --  read
          once and referred to the Committee on Aging

        AN  ACT  to  amend  the  real  property  tax law, in relation to renewal
          notices for applications under the SCRIE program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  4  of section 467-b of the real property tax
     2  law, as amended by chapter 442 of the laws of 2016, is amended  to  read
     3  as follows:
     4    4.  a. (1) The head of the household must apply every two years to the
     5  appropriate rent control agency  or  administrative  agency  for  a  tax
     6  abatement certificate on a form prescribed by said agency.
     7    (2)  Upon the adoption of a local law, ordinance, or resolution by the
     8  governing board of a municipality, any head of household that  has  been
     9  issued  a  tax  abatement  certificate pursuant to this section for five
    10  consecutive benefit periods, and whose income  and  residence  have  not
    11  changed  since their last renewal application, shall be eligible to file
    12  a short form renewal. Such statement shall be on a  form  prescribed  by
    13  the  appropriate  rent control agency or administrative agency and shall
    14  include the following: (i) a sworn statement certifying that  such  head
    15  of  household  continues  to be eligible to receive such certificate and
    16  that their income and residence have not changed;  and  (ii)  a  certif-
    17  ication  to  be  signed  by  the  applicant stating that all information
    18  contained in their statement is true and correct  to  the  best  of  the
    19  applicant's  knowledge  and belief and stating that they understand that
    20  the willful making of any false statement of material fact therein shall
    21  subject them to the provisions of law relevant to the making and  filing

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03557-03-7

        A. 3627                             2
 
     1  of  false  instruments  and  loss  of their benefit, and that subsequent
     2  reapplication shall be as a new applicant.
     3    (b)  A tax abatement certificate setting forth an amount not in excess
     4  of the increase in maximum rent or legal regulated rent for the  taxable
     5  period  or  such  other  amount as shall be determined under subdivision
     6  three of this section shall be issued by said agency to each head of the
     7  household who is found to be eligible under this section  on  or  before
     8  the  last  date  prescribed  by  law for the payment of the taxes or the
     9  first installment thereof of any municipal corporation which has granted
    10  an abatement of taxes. Copies of such certificate shall be issued to the
    11  owner of the real property containing the dwelling unit of the  head  of
    12  the  household  and  to  the collecting officer charged with the duty of
    13  collecting the taxes of each municipal corporation which has granted the
    14  abatement of taxes authorized by  this  section.  The  appropriate  rent
    15  control  agency or administrative agency shall send a notice of required
    16  renewal to each head of household currently receiving an exemption under
    17  this section via United States Postal Service to their primary residence
    18  no less than thirty days prior to the application renewal date.
    19    § 2. Subdivision 4 of section 467-b of the real property tax  law,  as
    20  added by chapter 689 of the laws of 1972, is amended to read as follows:
    21    4.  The  head of the household must apply each year to the appropriate
    22  rent control agency for a tax abatement certificate on a form prescribed
    23  by said agency. A tax abatement certificate setting forth an amount  not
    24  in  excess  of the increase in maximum rent for the taxable period shall
    25  be issued by said agency to each head of the household who is  found  to
    26  be  eligible under this section on or before the last date prescribed by
    27  law for the payment of the taxes or the first installment thereof of any
    28  city, town or village which has granted an abatement of taxes. Copies of
    29  such certificate shall be issued to  the  owner  of  the  real  property
    30  containing  the  dwelling  unit  of the head of the household and to the
    31  collecting officer charged with the duty of collecting the taxes of each
    32  city, town or village which has granted the abatement of  taxes  author-
    33  ized  by  this section.  The appropriate rent control agency or adminis-
    34  trative agency shall send a notice of required renewal to each  head  of
    35  household currently receiving an exemption under this section via United
    36  States  Postal  Service  to  their primary residence no less than thirty
    37  days prior to the application renewal date.
    38    § 3. Subdivision 4 of section 467-c of the real property tax  law,  as
    39  amended  by  chapter  442  of  the  laws  of 2016, is amended to read as
    40  follows:
    41    4. a. (1) Any such local law or ordinance may provide that the  eligi-
    42  ble head of the household shall apply annually to the supervising agency
    43  for  a rent increase exemption order/tax abatement certificate on a form
    44  to be prescribed and made available by the supervising agency.
    45    (2) Upon the adoption of a local law, ordinance, or resolution by  the
    46  governing  board  of a municipality, any head of household that has been
    47  issued a tax abatement certificate pursuant to  this  section  for  five
    48  consecutive  benefit  periods,  and  whose income and residence have not
    49  changed since their last renewal application, shall be eligible to  file
    50  a  short  form  renewal. Such statement shall be on a form prescribed by
    51  the appropriate rent control agency or administrative agency  and  shall
    52  include  the  following: (i) a sworn statement certifying that such head
    53  of household continues to be eligible to receive  such  certificate  and
    54  that  their  income  and  residence have not changed; and (ii) a certif-
    55  ication to be signed by  the  applicant  stating  that  all  information
    56  contained  in  their  statement  is  true and correct to the best of the

        A. 3627                             3
 
     1  applicant's knowledge and belief and stating that they  understand  that
     2  the willful making of any false statement of material fact therein shall
     3  subject  them to the provisions of law relevant to the making and filing
     4  of  false  instruments  and  loss  of their benefit, and that subsequent
     5  reapplication shall be as a new applicant.
     6    (b) The supervising agency shall approve  or  disapprove  applications
     7  and,  if  it  approves,  shall issue a rent increase exemption order/tax
     8  abatement certificate. Copies of such order/certificate shall be  issued
     9  to  the  housing company managing the dwelling unit of the eligible head
    10  of the household, to the eligible head  of  the  household  and  to  the
    11  collecting  officer charged with the duty of collecting the taxes of the
    12  municipality. The appropriate supervising agency shall send a notice  of
    13  required  renewal  to  each  head  of  household  currently receiving an
    14  exemption under this section via United States Postal Service  to  their
    15  primary  residence  no  less  than  thirty days prior to the application
    16  renewal date.
    17    § 4. This act shall take effect on the ninetieth day  after  it  shall
    18  have  become a law; provided that the amendments to section 467-b of the
    19  real property tax law made by section one of this act shall  be  subject
    20  to  the  expiration and reversion of such section pursuant to section 17
    21  of chapter 576 of the laws of 1974, as amended, when upon such date  the
    22  provisions of section two of this act shall take effect.
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