This bill has been amended

Bill S439-2013

Increases allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases

Increases allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases under provisions applicable to senior citizens' rent increase exemption (SCRIE).

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  • Jan 8, 2014: REFERRED TO AGING
  • Jan 9, 2013: REFERRED TO AGING

Memo

BILL NUMBER:S439

TITLE OF BILL: An act to amend the real property tax law, in relation to increasing the allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases

PURPOSE: To allow localities to raise the income eligibility limits for the Senior Citizen Rent Increase Exemption (SCRIE) program to any amount up to $50,000.

SUMMARY OF PROVISIONS: Section 1. Amends the Real Property Tax Law, section 467-b, subdivision 3, paragraph a. Increases the combined household income limits that the local governing body may authorize from twenty-nine thousand dollars up to fifty thousand dollars for the Senior Citizen Rent Increase Exemption assistance program (SCRIE).

Section 2. Amends the Real Property Tax Law section 467-c subdivision 1, paragraph d. Increases the income limits for an eligible head of household and such head of household's spouse that the local governing body may authorize from twenty-nine thousand dollars up to fifty thousand dollars for the Senior Citizen Rent Increase Exemption assistance program (SCRIE).

Section 3. Effective Date

EXISTING LAW: The current income eligibility limit for SCRIE is $29,000.

JUSTIFICATION: SCRIE provides a vital service by allowing senior residents of New York to remain in their homes and communities by keeping their rent affordable. To be eligible for SCRIE one must be 62 years of age or older, the bead of a household, live in a rent controlled or rent stabilized apartment or rent regulated hotel unit and their household income may not exceed $29,000. Monthly rent must also exceed one third of monthly household income.

The cost of living in New York City makes it difficult for many seniors to make ends meet. Not only low income, but also middle income seniors feel the burden of the escalating costs in rent This bill would authorize the locality to increase the income eligibility level to any amount up to $50,000 and can therefore provide not only financial relief to a growing number of seniors but will also allow them to remain in their current residences. This bill is not a local mandate. Localities can determine the amount of the increase, if any.

LEGISLATIVE HISTORY: 2012:. S.124-A-Amend and Recommit to Housing, Construction and Community Development/A.6206-A Amend and Recommit to Aging 2011: S.124 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Housing, Construction and Community

Development/A.6206 - Referred to Aging 2010: S.4870A - Reported and Committed to Finance/A.516A Amended and Recommitted to Aging 2009: S.4807- Reported and Committed to Finance/A.516- Referred to Aging

FISCAL IMPLICATIONS: None for the State and none mandated for local governments. Fiscal implications at local level, if any, will be determined by localities.

EFFECTIVE DATE: 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 chapter 576 of the laws of 1974, as amended, and shall be deemed to expire therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 439 2013-2014 Regular Sessions IN 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 increasing the allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases 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 thousand dollars beginning July first, two thousand nine, AND FIFTY THOUSAND DOLLARS BEGINNING JULY FIRST, TWO THOUSAND FIFTEEN, 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 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. 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, AND FIFTY THOUSAND DOLLARS BEGINNING JULY FIRST, TWO THOUSAND FIFTEEN, as may be provided by local law; or (2) a person with a disability as defined in this subdivision. 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 not affect the expiration of such section pursuant to chapter 576 of the laws of 1974, as amended, and shall be deemed to expire therewith.

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