Relates to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities; relates to providing notice to those eligible of the need for reapplication.
TITLE OF BILL: An act to amend the real property tax law, in relation to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities
PURPOSE OR GENERAL IDEA OF BILL: This bill would require municipalities that have the senior citizen rent increase exemption (SCRIE) and disabled rent increase exemption (DRIE) program to make sure that individuals receiving the benefit under the DRIE eligibility is transitioned to the SCRIE program seamlessly upon reaching the appropriate age.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. This bill has two main parts that would:
* Require the municipality to develop a system to ensure that DRIE participants are seamlessly transitioned to the SCRIE program once they reach the appropriate age; and
* Clarify that no eligibility criteria may be used by a municipality in administering the SCRIE/DRIE program except those expressly included in the statute.
JUSTIFICATION: While the benefit for the SCRIE/DRIE program is identical regardless of whether you qualify as a senior or a person with a disability, the income eligibility levels are not. When an individual who has been receiving the DRIE benefit becomes a senior they should be transitioned to the SCRIE program. The income eligibility levels for SCRIE are higher than for DRIE and so there is no need for seniors to go through the process of reaffirming their proof of disability in these circumstances.
In addition, there have been incidents where eligibility criteria were used to exclude eligible seniors from SCRIE that are not allowed under the SCRIE/DRIE statute. Though the courts have struck down these attempts to prevent eligible individuals from obtaining the benefit, it is also important to close the perceived loophole. With this clarification there can be no confusion regarding what is an acceptable eligibility criteria.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 6591--A IN SENATE March 1, 2012 ___________Introduced by Sen. GOLDEN -- 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 tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 467-b of the real property tax law is amended by adding two new paragraphs c and d to read as follows: C. THE ENTITY THAT ADMINISTERS THE TAX ABATEMENT PURSUANT TO THIS SECTION SHALL DEVELOP A SYSTEM TO ENSURE THAT PARTICIPANTS THAT ARE ELIGIBLE FOR THIS TAX ABATEMENT PROGRAM PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION AND SUBSEQUENTLY BECOME ELIGIBLE PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION, SHALL HAVE TIMELY NOTICE OF THE NEED TO REAPPLY FOR THE TAX ABATEMENT PROGRAM DURING THE FIRST REAPPLICATION PERIOD AFTER MEETING THE ELIGIBILITY CRITERIA OF PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION AND FOR EVERY REAPPLICATION THEREAFTER BASED ON THEIR ELIGIBILITY PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION. D. AN ENTITY ADMINISTERING THIS PROGRAM SHALL NOT CONSIDER ANY ELIGI- BILITY CRITERIA THAT ARE NOT CONTAINED IN THIS SECTION IN DETERMINING WHETHER TO APPROVE OR DENY AN APPLICATION FOR THE TAX ABATEMENT PROGRAM. S 2. This act shall take effect immediately, provided that the amend- ments to subdivision 5 of section 467-b of the real property tax law made by section one of this act shall not affect the expiration and reversion of such section and shall be deemed to expire therewith.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14359-03-2