S6591A-2011 Actions

• Jun 19, 2012: SUBSTITUTED BY A9223A
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1360
• Jun 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 14, 2012: REPORTED AND COMMITTED TO FINANCE
• Apr 18, 2012: PRINT NUMBER 6591A
• Apr 18, 2012: AMEND AND RECOMMIT TO AGING
• Mar 1, 2012: REFERRED TO AGING

S6591A-2011 Meetings

S6591A-2011 Calendars

S6591A-2011 Votes

S6591A-2011 Memo

BILL NUMBER:S6591A

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.

S6591A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6591--A
 I N  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

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