Bill S398A-2011

Relates to providing a rent increase exemption to persons with disabilities

Relates to providing a rent increase exemption to persons with disabilities.

Details

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  • Jan 4, 2012: REFERRED TO AGING
  • May 19, 2011: PRINT NUMBER 398A
  • May 19, 2011: AMEND AND RECOMMIT TO AGING
  • Jan 5, 2011: REFERRED TO AGING

Memo

BILL NUMBER:S398A

TITLE OF BILL: An act to amend the real property tax law, in relation to providing a rent increase exemption to persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL: To simplify the application process for the Disability Rent Increase Exemption (DRIE) program by providing for an income limit similar to that currently used for the Senior Citizen Rent Increase Exemption (SCRIE) program.

SUMMARY OF SPECIFIC PROVISIONS: Amends §457-b and §467-c of the Real Property Tax law to provide that:

* the DRIE income limit for persons who receive either Social Security Disability Insurance (SSDI) or disability-related Medicaid is the same as the income limit for SCRIE applicants; and

* the DRIE eligibility criteria for disabled veterans is categorical eligibility based on receipt of benefits from the Veteran's Administration if they meet the other criteria for eligibility (must live in a rent regulated apartment and pay one-third or more of their income for rent);

* the eligibility criteria for individuals who receive Supplemental Security Income (SSI), and do not fit into either of the previous categories, is unchanged.

The bill also specifies that this expansion of DRIE eligibility is a local option so that a locality is not required to implement this enhanced eligibility if they choose not to do so. However, this legislation would permit any locality to adopt this enhanced eligibility including localities in which a DRIE program already exists.

JUSTIFICATION: In 2005, the Legislature acted to expand the SCRIE program to disabled New Yorkers. SCRIE freezes rents for seniors living in rent-regulated housing with incomes below $29,000 per year who pay one-third or more of their income for rent. Landlords are compensated for the full amount of the foregone rent through refundable real property tax abatements. Starting October 10, 2005, disabled New Yorkers became eligible for the new benefit, commonly referred to as DRIE. The DRIE program is designed to work the same way as SCRIE, however the income limits for DRIE vary making it difficult for consumers to know if they meet the eligibility criteria.

While the SCRIE program uses an income limit regardless of household size (recently increased to $29,000), the DRIE program income limit varies depending on household size. In addition, the current DRIE application process is more complex as applicants must factor in

impairment related work expenses (IRWEs), or blind work expenses (BWEs)- in order to determine their income. Such expenses include attendant care, transportation, medical devices, prostheses, work-related equipment and assistants, residential modifications, medications and medical services, diagnostic procedures, and non-medical appliances and devices. Under this legislation, applicants would no longer need to determine these expenses.

This legislation also simplifies the application process by allowing disabled veterans, provided they meet any of the eligibility criteria, to be categorically eligible just as 8S1 recipients are now. While 94% of disabled veterans are already eligible for the program, the remaining 6% that will become eligible by this legislation are those which are severely disabled and therefore receive higher disability compensation.

LEGISLATIVE HISTORY: 2010: A.1062-A Reported to Ways and Means; S.3539-A Passed Senate 2009: A.1062-A Referred to Aging; S.3539 Ordered to Third Reading 2008: A.7244 Passed Assembly; S.1681 Referred to Aging 2007: A.7244 Passed Assembly; S.1681 Referred to Aging 2006: A.8972-A Passed Assembly; S.5802-B Referred to Rules 2005: A.8972 Referred to Aging; S.5802-A Referred to Rules

FISCAL IMPLICATIONS: Negligible.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the amendments to section 467-b of the real property tax law made by section one of 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 the provisions of section two of this act shall take effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 398--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KRUEGER, ADDABBO, DUANE, MONTGOMERY, PERKINS, SERRA- NO -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to providing a rent increase exemption to persons with disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b 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: b. (1) 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 above which such head of the household would not be eligible to receive cash supplemental security income benefits under federal law during such tax year[.]; OR (2) (I) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY DUE TO RECEIPT OF CASH SUPPLEMENTAL SECURITY INCOME 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 ABOVE WHICH SUCH HEAD OF HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLE- MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR; (II) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY DUE TO RECEIPT OF SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION OF DISABILITY AS PROVIDED IN SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW 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 TWENTY-NINE THOUSAND DOLLARS;
(III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA- BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS 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 ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE SUCH CASH DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR; AND (IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF SUCH INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, 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. PROVIDED THAT A MUNICIPALITY SHALL NOT BE REQUIRED TO ENACT A NEW LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER PUBLIC HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED A LOCAL LAW, ORDINANCE, OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA- GRAPH AND THE MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH ONE OF THIS PARAGRAPH. S 2. Paragraph b of subdivision 3 of section 467-b of the real proper- ty tax law, as amended by section 2 of chapter 188 of the laws of 2005, is amended to read as follows: b. (1) 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 security income benefits under federal law during such tax year[.]; OR (2)(I) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY DUE TO RECEIPT OF CASH SUPPLEMENTAL SECURITY INCOME 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 ABOVE WHICH SUCH HEAD OF HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLE- MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR; (II) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY DUE TO RECEIPT OF SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION OF DISABILITY AS PROVIDED IN SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW 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 TWENTY-NINE THOUSAND DOLLARS; (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA- BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS 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 ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO RECEIVE SUCH CASH DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR; AND
(IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF SUCH INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, 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. PROVIDED THAT A MUNICIPALITY SHALL NOT BE REQUIRED TO ENACT A NEW LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER PUBLIC HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED A LOCAL LAW, ORDINANCE, OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA- GRAPH AND THE MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH ONE OF THIS PARAGRAPH. S 3. Paragraph m of subdivision 1 of section 467-c of the real proper- ty tax law, as added by chapter 188 of the laws of 2005, is amended to read as follows: m. (1) "Person with a disability" means (I) an individual who is currently receiving social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal social security act or disability pension or disability compensation benefits provided by the United States department of veterans affairs or those previously eligible by virtue of receiving disability benefits under the supplemental security income program or the social security disability program and currently receiving medical assistance benefits based on determination of disability as provided in section three hundred sixty- six of the social services law; and (II) whose income for the current income tax year, together with the income of all members of such individual's household, does not exceed the maximum income at which such individual would be eligible to receive cash supplemental security income benefits under federal law during such tax year. (2) IF THE GOVERNING BOARD OF A MUNICIPALITY FURTHER ADOPTS, AFTER PUBLIC HEARING, A LOCAL LAW, ORDINANCE, OR RESOLUTION: (I) THE INCOME FOR THE CURRENT TAX YEAR, TOGETHER WITH THE INCOME OF ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL CURRENTLY RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSIST- ANCE BENEFITS BASED ON A DETERMINATION OF DISABILITY AS PROVIDED IN SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, MAY EXCEED THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR, BUT MAY NOT EXCEED TWENTY-NINE THOUSAND DOLLARS; (II) THE INCOME FOR THE CURRENT INCOME TAX YEAR, TOGETHER WITH THE INCOME OF ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL WHO IS CURRENTLY RECEIVING DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, MAY EXCEED THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR, BUT MAY NOT EXCEED THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR. S 4. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that the amendments to section 467-b of the real property tax law made by section one of 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 the provisions of section two of this act shall take effect.

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