S439-2013 Actions

• Jan 9, 2013: REFERRED TO AGING

S439-2013 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.

S439-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          439
 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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00448-01-3
 
       S. 439                              2
 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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