Bill S1372-2011

Provides for annual adjustment of the maximum income threshold for eligibility for the senior citizens' rent increase exemption by any increase in the consumer price

Provides for annual adjustment by the commissioner of housing and community renewal of the maximum income threshold for eligibility for the senior citizens' rent increase exemption (SCRIE) and for the municipal property tax abatement for rent-controlled and rent regulated property occupied by senior citizens by any increase in the consumer price index (CPI).

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  • Jan 4, 2012: REFERRED TO AGING
  • Jan 7, 2011: REFERRED TO AGING

Memo

BILL NUMBER:S1372

TITLE OF BILL: An act to amend the real property tax law, in relation to increasing the combined household income limit for eligibility for a senior citizen rent increase exemption (SCRIE) and for a municipal property tax abatement for rent-controlled and rent regulated property occupied by senior citizens on the basis of the consumer price index

PURPOSE: Increases the maximum income allowable for the senior citizen rent increase exemption (SCRIE) annually to reflect increases in the regional Consumer Price Index (CPI).

SUMMARY OF PROVISIONS: Section one of this legislation amends paragraph a of subdivision 3 of § 467-b of the Real Tax Property Law by directing the commissioner of the State Division of Housing and Community Renewal to annually increase the maximum income allowable for the tax abatement based on the regional CPI.

Section two amends paragraph d of subdivision 1 of § 467-c of the Real Property Tax law, changing the "eligible head of household" definition to reflect such an increase.

JUSTIFICATION: The "Senior Citizen Rent Increase Exemption" program (SCRIE) grants certain exemptions from rent increases to tenants who are senior citizens.

This legislation will ensure that senior citizens are not displaced from their homes due to increased rent costs. As rents increase, the SCRIE program stabilizes the amount that eligible seniors pay so they can afford to remain in their homes. Annually increasing the income level for senior citizens eligible for SCRIE would allow many more seniors to benefit from this program.

FISCAL IMPLICATIONS: To Be Determined.

LEGISLATIVE HISTORY: 2009-10: S.1134 - Referred to Aging; Finance 2007-08: S.2925 - Referred to Aging 2005-06: S.956 - Referred to Aging; Motion to Petition Lost 4/11/05 2003-04: S.2187 - Referred to Aging 2002: S.5660 - Referred to Aging

EFFECTIVE DATE: Takes effect immediately upon enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 1372 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sens. PERKINS, DIAZ, DILAN, DUANE, HASSELL-THOMPSON, KRUEGER, MONTGOMERY, PARKER, STAVISKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Aging AN ACT to amend the real property tax law, in relation to increasing the combined household income limit for eligibility for a senior citizen rent increase exemption (SCRIE) and for a municipal property tax abatement for rent-controlled and rent regulated property occupied by senior citizens on the basis of the consumer price index THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 3 of section 467-b of the real property tax law, as separately amended by chapters 188 and 205 of the laws of 2005, is amended to read as follows: a. for a dwelling unit where the head of the household is a person sixty-two years of age or older, no tax abatement shall be granted if the combined income of all members of the household for the income tax year immediately preceding the date of making application exceeds four thousand dollars, or such other sum not more than twenty-five thousand dollars beginning July first, two thousand five, twenty-six thousand dollars beginning July first, two thousand six, twenty-seven thousand dollars beginning July first, two thousand seven, twenty-eight thousand dollars beginning July first, two thousand eight, and twenty-nine thou- sand dollars beginning July first, two thousand nine, as may be provided by the local law, ordinance or resolution adopted pursuant to this section, provided that when the head of the household retires before the commencement of such income tax year and the date of filing the applica- tion, the income for such year may be adjusted by excluding salary or earnings and projecting his or her retirement income over the entire period of such year. THE MAXIMUM INCOME THRESHOLD PROVIDED FOR HEREIN SHALL BE INCREASED BY ORDER OF THE COMMISSIONER OF THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL ON JANUARY FIRST OF EACH YEAR TO REFLECT
ANY INCREASE IN THE REGIONAL CONSUMER PRICE INDEX FOR THE N.Y., N.Y.-NORTHEASTERN, N.J. AREA, BASED UPON THE INDEX FOR ALL URBAN CONSUM- ERS (CPI-U) DURING THE PRECEDING TWELVE MONTH PERIOD. S 2. Paragraph d of subdivision 1 of section 467-c of the real proper- ty tax law, as separately amended by chapters 188 and 205 of the laws of 2005, is amended to read as follows: d. "Eligible head of the household" means (1) a person or his or her spouse who is sixty-two years of age or older and is entitled to the possession or to the use and occupancy of a dwelling unit, provided, however, with respect to a dwelling which was subject to a mortgage insured or initially insured by the federal government pursuant to section two hundred thirteen of the National Housing Act, as amended "eligible head of the household" shall be limited to that person or his or her spouse who was entitled to possession or the use and occupancy of such dwelling unit at the time of termination of such mortgage, and whose income when combined with the income of all other members of the household, does not exceed six thousand five hundred dollars for the taxable period, or such other sum not less than sixty-five hundred dollars nor more than twenty-five thousand dollars beginning July first, two thousand five, twenty-six thousand dollars beginning July first, two thousand six, twenty-seven thousand dollars beginning July first, two thousand seven, twenty-eight thousand dollars beginning July first, two thousand eight, and twenty-nine thousand dollars beginning July first, two thousand nine, as may be provided by local law; or (2) a person with a disability as defined in this subdivision. THE MAXIMUM INCOME THRESH- OLD PROVIDED FOR HEREIN SHALL BE INCREASED BY ORDER OF THE COMMISSIONER OF THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL ON JANUARY FIRST OF EACH YEAR TO REFLECT ANY INCREASE IN THE REGIONAL CONSUMER PRICE INDEX FOR THE N.Y., N.Y.-NORTHEASTERN, N.J. AREA, BASED UPON THE INDEX FOR ALL URBAN CONSUMERS (CPI-U) DURING THE PRECEDING TWELVE MONTH PERI- OD. S 3. This act shall take effect immediately, provided that the amend- ment to paragraph a of subdivision 3 of section 467-b of the real prop- erty tax law made by section one of this act shall not affect the expi- ration of such section pursuant to section 17 of chapter 576 of the laws of 1974, as amended, and shall be deemed to expire therewith.

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