Bill S5495-2013

Provides for a continuation of senior citizen rent increase exemption benefits after a period of ineligibility

Provides for a continuation of senior citizen rent increase exemption benefits after a period of ineligibility due to a head of household's temporary increase in income.

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  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • May 16, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S5495

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to continuation of senior citizen rent increase exemption benefits after a period of ineligibility due to a head of household's temporary increase in income

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to guarantee that recipients of the SCRIE benefit not be subject to hindsight rent increases due to a period of ineligibility.

SUMMARY OF SPECIFIC PROVISIONS: This bill will amend section 26-605 of the administrative code of the city of New York by adding a new subdivision (e).

JUSTIFICATION: As it exists today, the SCRIE program contains a loophole that significantly hurts those senior citizens it is intended to help. Very frequently, a senior may see his or her income experience an anomalous spike, because of the need to take an additional distribution from an IRA or a pension to cover medical expenses, for example, or other one-time increases in income. This income spike will disqualify the applicant from the benefit. When the senior's income returns to normal, and the beneficiary re-applies, his or her rent gets frozen not at the old level, but at the current, higher foil legal rent, which is greater than the previously frozen rent. This sudden income spike can effectively push tenants out of the apartments SCRIE was intended to keep them in.

This legislation will prevent the disqualification of seniors from the program because of one-time spikes in income within two years.

PRIOR LEGISLATIVE HISTORY: A.10763

FISCAL IMPLICATIONS: Unknown

EFFECTIVE DATE: This act shall take effect immediately and shall apply to relevant applications for the senior citizen rent increase exemption benefits filed on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5495 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the administrative code of the city of New York, in relation to continuation of senior citizen rent increase exemption benefits after a period of ineligibility due to a head of household's temporary increase in income THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 26-605 of the administrative code of the city of New York is amended by adding a new subdivision (e) to read as follows: (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HEAD OF A HOUSEHOLD TO WHOM A RENT INCREASE EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE HAS BEEN ISSUED UNDER THIS CHAPTER, CHAPTER THREE OR CHAPTER FOUR OF THIS TITLE WHO HAS BECOME INELIGIBLE FOR SUCH RENT INCREASE EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE AS A RESULT OF A TEMPORARY INCREASE IN INCOME FOR A PERIOD OF TIME THAT DOES NOT EXCEED TWO YEARS, MAY, UPON RESUMPTION OF RECEIPT OF AN INCOME THAT QUALIFIES FOR SUCH ORDER/CERTIFICATE UNDER THIS CHAPTER, CHAPTER THREE OR CHAPTER FOUR OF THIS TITLE, APPLY TO THE SUPERVISING AGENCY, SUBJECT TO THE TERMS AND CONDITIONS IMPOSED BY SUCH RELEVANT CHAPTER, FOR A RENT INCREASE EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE RELATING TO THE SAME DWELLING UNIT TO WHICH THE ORIGINAL RENT INCREASE EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE APPLIED, AND SUCH ORDER/CERTIFICATE SHALL PROVIDE THAT THE HEAD OF THE HOUSEHOLD SHALL BE EXEMPT FROM PAYING THAT PORTION OF THE MAXIMUM RENT FOR THE DWELLING UNIT WHICH EXCEEDS THE LAST RENT THAT THE HEAD OF THE HOUSEHOLD WAS REQUIRED TO PAY IN THE DWELLING UNIT PRIOR TO HIS OR HER INCREASE IN INCOME WHICH CAUSED THE TEMPORARY INELIGIBILITY, PLUS ANY NON-EXEMPT INCREASES IN SUCH MAXIMUM RENT WHICH MAY HAVE OCCURRED DURING THE TEMPORARY PERIOD OF INELIGIBILITY. S 2. This act shall take effect immediately and shall apply to rele- vant applications for the senior citizen rent increase exemption bene- fits filed on or after such date.

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