Provides additional rent protection for senior citizens whose household income does not exceed $70,000 in cases where their rent is more than one-half of their income.

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S17-2013 Actions

• May 22, 2013: PRINT NUMBER 17A
• May 22, 2013: AMEND (T) AND RECOMMIT TO AGING
• Jan 9, 2013: REFERRED TO AGING

S17-2013 Memo

BILL NUMBER:S17

TITLE OF BILL:
An act
to amend the real property tax law, in relation to adding rent protection
to senior citizens where their rent is more than one-half of their income

PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the SCRIE (Senior Citizen Rent Increase
Exemption) statutes to protect an additional category of senior
citizen tenants, who do not fall within current statutory income
limitations, but who nonetheless are being subjected to rent
increases that constitute an unaffordable proportion of their incomes
and therefore need protection.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends section 467-b of the Real Property Tax Law (RPTL) by
adding a new subdivision 10. Permits a locality to adopt a local law
that provides additional protection for an expanded category of
senior citizens.

Section 2. Amends section 467-c of the Real Property Tax Law by adding
a new subdivision 13. Permits a locality to adopt a local law that
provides additional protection for an expanded category of senior
citizens who reside in Mitchell-Lama dwellings.

Section 3. Effective Date.

EXISTING LAW:
Real Property Tax Law; Section 467-b; Tax abatement for
rent-controlled and rent regulated property occupied by senior
citizens or persons with disabilities and Real Property Tax Law;
Section 467-c; Exemption for property owned by certain housing
companies and occupied by senior citizens or persons with disabilities.

JUSTIFICATION:
Current law authorizes adoption of local laws to protect senior citizen
tenants who: 1) have combined household incomes under a specific
income cap, set out on a yearly basis in the Real Property Tax Law
(RPTL), and 2) have rents that will increase to exceed one third of
the household income. Unfortunately, in New York City and some
surrounding areas, rents - - even regulated rents - have become so
high that some senior citizens whose incomes exceed the statutory
income limitations find themselves paying an unaffordable percentage
of their incomes for rent. This bill would therefore permit
localities to extend additional protection to such people, without in
any way changing or diminishing the protection that is already in
place for senior citizen households whose income falls below the
statutory caps.

An analysis of data from the 2005 New York City Housing Vacancy Survey
performed by the Community Service Society found that if the change
proposed by this bill were to be made, an additional approximately
1100 households would qualify for the benefit. It should also be
noted that, under current law, only approximately one third of
eligible households have applied for and received the benefit, so it


can be anticipated that not all newly eligible households would apply
if this bill were to become law. However, those in need of protection
would be able to apply for it.

The amendments made by sections one and two of this bill would permit
localities to extend similar protection to senior citizen households
for which a rent increase would cause the rent to exceed one half of
household income, without regard to the income caps that apply to
situations where rent exceeds one third of household income.

PRIOR LEGISLATIVE HISTORY:
2012:    S.483 - Referred to Housing, Construction and Community
         Development
2011:    S.483 - Discharged from Aging and Committed to Housing,
         Construction and Community Development
2009-10: S.7539 - Reported and
         Committed to Finance/A.2446 - Referred to Aging
2008:    A.10759 - Referred to Aging

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

S17-2013 Text

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

                                     17

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  DIAZ  --  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  adding  rent
    protection  to  senior citizens where their rent is more than one-half
    of their income

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  467-b of the real property tax law is amended by
  adding a new subdivision 10 to read as follows:

    10. A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR
  ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  AND  IN  ADDITION  TO  ANY
  EXISTING  SENIOR CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF ANY CITY,
  TOWN OR VILLAGE IS HEREBY  AUTHORIZED  AND  EMPOWERED  TO  ADOPT,  AFTER
  PUBLIC  HEARING,  A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE
  ABATEMENT OF TAXES OF SAID MUNICIPAL CORPORATION IMPOSED ON REAL PROPER-
  TY CONTAINING A DWELLING UNIT AS DEFINED IN THIS SECTION  BY  AN  AMOUNT
  NOT  IN  EXCESS  OF  THAT  PORTION OF ANY INCREASE IN MAXIMUM RENT WHICH
  CAUSES SUCH MAXIMUM RENT TO EXCEED ONE-HALF OF THE  COMBINED  INCOME  OF
  ALL  MEMBERS  OF  THE  HOUSEHOLD,  WHERE  THE HEAD OF THE HOUSEHOLD IS A
  PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
    B. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHED PURSUANT TO
  PARAGRAPH A OF THIS SUBDIVISION, SHALL PROVIDE THAT FOR A DWELLING  UNIT
  WHERE  THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY
  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT SHALL  BE
  GRANTED  IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD FOR THE
  CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME AT WHICH SUCH HEAD OF
  THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLEMENTAL SECURI-
  TY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
    S 2. Section 467-c of the real property tax law is amended by adding a
  new subdivision 13 to read as follows:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00933-01-3

 S. 17                               2

    13. A.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION  OR
  ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, AND IN ADDITION TO ANY
  EXISTING SENIOR CITIZEN RENT EXEMPTION, THE GOVERNING BODY OF  ANY  CITY
  HAVING  A  POPULATION  OF  ONE MILLION OR MORE, ACTING THROUGH ITS LOCAL
  LEGISLATIVE  BODY  OR  OTHER  GOVERNING  AGENCY IS HEREBY AUTHORIZED AND
  EMPOWERED TO ADOPT AND AMEND LOCAL LAWS  OR  ORDINANCES  PROVIDING  THAT
  REAL  PROPERTY  OF  A HOUSING COMPANY SHALL BE EXEMPT FROM REAL PROPERTY
  TAXES, IN AN AMOUNT EQUAL TO THE RENT INCREASE EXEMPTIONS ACTUALLY CRED-
  ITED TO ELIGIBLE HEADS OF HOUSEHOLDS PURSUANT TO THIS SECTION. ANY  SUCH
  EXEMPTION  SHALL  BE  IN ADDITION TO ANY OTHER EXEMPTION OR ABATEMENT OF
  TAXES AUTHORIZED BY LAW.
    B. ANY SUCH LOCAL LAW OR ORDINANCE SHALL PROVIDE THAT A  HEAD  OF  THE
  HOUSEHOLD    SIXTY-TWO  YEARS OF AGE OR OLDER MAY OBTAIN A RENT INCREASE
  EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE ENTITLING HIM  OR  HER  TO  AN
  EXEMPTION FROM INCREASES IN THE MAXIMUM RENT OTHERWISE PAYABLE WHERE THE
  HEAD  OF  THE HOUSEHOLD DOES NOT RECEIVE A MONTHLY ALLOWANCE FOR SHELTER
  PURSUANT TO THE SOCIAL SERVICES LAW, THE AMOUNT BY  WHICH  INCREASES  IN
  THE  MAXIMUM  RENT  SUBSEQUENT  TO  SUCH  PERSON'S ELIGIBILITY DATE HAVE
  RESULTED IN THE MAXIMUM RENT  EXCEEDING ONE-HALF OF THE COMBINED  INCOME
  OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE PERIOD.
    S 3. 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  survive  the expiration and reversion of such
  section as provided in section 17 of chapter 576 of the laws of 1974, as
  amended.