Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling.

---

S1224-2011 Actions

• Jan 4, 2012: REFERRED TO AGING
• Jun 24, 2011: COMMITTED TO RULES
• Mar 16, 2011: ADVANCED TO THIRD READING
• Mar 15, 2011: 2ND REPORT CAL.
• Mar 14, 2011: 1ST REPORT CAL.212
• Jan 6, 2011: REFERRED TO AGING

S1224-2011 Meetings

Aging: Mar 14, 2011

S1224-2011 Calendars

Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S1224-2011 Votes

S1224-2011 Memo

BILL NUMBER:S1224

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 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.

SUMMARY OF SPECIFIC PROVISIONS:
This bill will amend subdivision g of
section 467-b(3) of the real property tax law by adding the following
language: when a re-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.

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 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 apartments.

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.

S1224-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1224

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  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  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Paragraph g of subdivision 3 of section 467-b of the real
  property tax law, as amended by section 1 of chapter 188 of the laws  of
  2005, 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 abate-
  ment certificate or for renewal thereof, such head of the household  may
  apply for a redetermination of the amount set forth therein. Upon appli-
  cation,  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; 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 SHALL BE MADE RETROAC-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04817-01-1

 S. 1224                             2

  TIVE 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.
    S 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.