Relates to outreach, status and time limits relating to the tax abatement program for rent-controlled and rent-regulated property occupied by senior citizens or persons with disabilities.

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S6592-2011 Actions

• May 14, 2012: REPORTED AND COMMITTED TO FINANCE
• Mar 1, 2012: REFERRED TO AGING

S6592-2011 Meetings

Aging: May 14, 2012

S6592-2011 Votes

S6592-2011 Memo

BILL NUMBER:S6592

TITLE OF BILL:
An act
to amend the real property tax law, in relation to outreach, status and
time limits relating to the tax abatement program 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 conduct outreach
in the community to ensure individuals who may be eligible are aware
that they can apply. This bill would also require implementation of a
mechanism for applicants and participants to determine the status of
their exemptions and would set time limits within which the municipal
agency operating the program must respond to applicants and
participants when forms are submitted.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This section has three main parts that would:

* Require a municipality operating the SCRIE/DRIE program to implement
a program of outreach initiatives in the community to encourage
individuals who may be eligible to apply for the program;

* Require the development of a mechanism applicants and participants
could use to determine the status of their exemptions and any forms
they have filed; and

* Set specific time limits within which the municipal agency operating
the SCRIE/DRIE program would be required to act. The agency would he
required to send an acknowledgement of the receipt of a form within
three days of receiving the form. The agency then would have thirty
days to act on the form by either approving or rejecting the form or
requesting further information, If a request for further information
were issued, the agency would have fifteen days to act on the form
once the additional information was received.

Section 2. Effective Date

JUSTIFICATION:
SCRIE is an extremely important benefit for seniors
and persons with disabilities living on fixed incomes when costs are
rising from everything from housing to medications to food.
Unfortunately,
many seniors and persons with disabilities who could be receiving
a break on their rent through this program do not even know it
exists. It is very important that we get the word out so that those
who need the benefit can apply.

Also, time and again we hear that applicants don't know the status of
their applications as they wait for months or send in multiple
applications in the hopes of hearing back. Participants also have
problems with their renewals being delayed and their rent in danger


of skyrocketing. A simple system to check the status of an abatement
or form filed is important to make sure things are not lost and to
avoid confusion.

One of the most egregious situations faced by applicants and
participants is waiting months to hear anything back regarding their
paperwork. Many individuals face rent increases because applications
are not processed in a timely fashion. Time restrictions are
necessary to make sure applicants and participants aren't waiting six
months or more just to find out the status of their paperwork.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S6592-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6592

                              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

  AN ACT to amend the real property tax  law,  in  relation  to  outreach,
    status and time limits relating to the tax abatement program 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.  Section  467-b of the real property tax law is amended by
  adding three new subdivisions 10, 11 and 12 to read as follows:

    10. AN ENTITY THAT ADMINISTERS THE TAX ABATEMENT PROGRAM  PURSUANT  TO
  THIS  SECTION  SHALL  IMPLEMENT  AND  ADMINISTER A PROGRAM THAT DEVELOPS
  OUTREACH INITIATIVES TO IDENTIFY INDIVIDUALS WHO  MEET  THE  ELIGIBILITY
  CRITERIA  FOR THE TAX ABATEMENT PROGRAM WHO ARE NOT PARTICIPATING IN THE
  PROGRAM AND ENSURE THAT THEY HAVE INFORMATION REGARDING THE  TAX  ABATE-
  MENT  PROGRAM.    SUCH  OUTREACH  PROGRAM  MAY INCLUDE, BUT SHALL NOT BE
  LIMITED TO,  MAILINGS,  ADVERTISEMENTS,  PUBLIC  SERVICE  ANNOUNCEMENTS,
  LITERATURE  DISSEMINATION,  INTERNET TECHNOLOGY, SOCIAL MEDIA, COMMUNITY
  OUTREACH, AND PARTNERSHIPS WITH OTHER MUNICIPAL ENTITIES  AND  AGENCIES.
  AN  ENTITY  THAT  ADMINISTERS THE TAX ABATEMENT PROGRAM MAY CONSULT WITH
  ANY OTHER PERSON OR ENTITY DEEMED  PERTINENT  TO  DEVELOP  THE  OUTREACH
  INITIATIVE.
    11. ANY MUNICIPALITY THAT ADOPTS A LOCAL LAW, RESOLUTION, OR ORDINANCE
  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION SHALL DEVELOP A PROGRAM TO
  ALLOW APPLICANTS AND PARTICIPANTS TO ASCERTAIN THE  STATUS  OF  ANY  TAX
  ABATEMENT  OR  THE STATUS OF ANY FORM THAT HAS BEEN FILED BY SUCH APPLI-
  CANT OR PARTICIPANT ON THE APPLICANT OR PARTICIPANT'S BEHALF PURSUANT TO
  THIS SECTION. SUCH PROGRAM  SHALL  INCLUDE  PROVISIONS  TO  ENSURE  THAT
  APPLICANTS  AND  PARTICIPANTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH, WHO
  MAY HAVE COMMUNICATION RESTRICTIONS DUE TO PARTIAL OR  TOTAL  BLINDNESS,
  DEAFNESS,  SPEECH  IMPEDIMENT,  OR COGNITIVE IMPAIRMENT, AND/OR WHO LACK
  ACCESS TO THE INTERNET MAY ASCERTAIN SUCH STATUS.
    12. A. WITHIN THREE  DAYS  OF  RECEIVING  ANY  FORM  FOR  APPLICATION,
  RENEWAL,  OR  ADJUSTMENT  OF  ABATEMENT FOR THE TAX ABATEMENT PROGRAM, A

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14358-01-2

 S. 6592                             2

  LETTER ACKNOWLEDGING RECEIPT OF SUCH FORM SHALL BE SENT  TO  THE  APPLI-
  CANT. SUCH LETTER SHALL INCLUDE THE DATE THE FORM WAS RECEIVED.
    B.  WITHIN  THIRTY  DAYS  OF  THE RECEIPT OF AN APPLICATION OR RENEWAL
  APPLICATION FROM AN APPLICANT,  THE  ENTITY  THAT  ADMINISTERS  THE  TAX
  ABATEMENT  PROGRAM  SHALL APPROVE THE APPLICATION OR RENEWAL APPLICATION
  FOR THE TAX ABATEMENT PROGRAM, DENY THE APPLICATION OR RENEWAL  APPLICA-
  TION  FOR  THE  TAX ABATEMENT PROGRAM, OR REQUEST FURTHER INFORMATION OR
  DOCUMENTATION FROM THE APPLICANT. IF  A  REQUEST  IS  MADE  FOR  FURTHER
  INFORMATION OR DOCUMENTATION, THE ENTITY THAT ADMINISTERS THE TAX ABATE-
  MENT  PROGRAM SHALL HAVE FIFTEEN DAYS AFTER SUCH INFORMATION OR DOCUMEN-
  TATION REQUESTED IS RECEIVED BY THE ENTITY TO EITHER APPROVE OR DENY THE
  APPLICATION OR RENEWAL APPLICATION.
    C. WITHIN THIRTY DAYS OF ANY FORM OTHER THAN AN APPLICATION OR RENEWAL
  APPLICATION FORM FROM AN APPLICANT,  THE  ENTITY  THAT  ADMINISTERS  THE
  PROGRAM SHALL ACT ON SUCH FORM.
    D.  WITHIN  THREE  DAYS  OF  APPROVING  OR REJECTING AN APPLICATION OR
  RENEWAL APPLICATION PURSUANT TO  PARAGRAPH  B  OF  THIS  SUBDIVISION  OR
  ACTING  UPON ANY OTHER FORM PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION,
  A WRITTEN NOTIFICATION SHALL BE SENT TO THE  INDIVIDUAL  WHO  MADE  SUCH
  APPLICATION  OR  RENEWAL  APPLICATION  OR  SENT  SUCH FORM. SUCH WRITTEN
  NOTIFICATION SHALL INCLUDE THE ACTION TAKEN BY THE ENTITY  ADMINISTERING
  THE TAX ABATEMENT PROGRAM, THE DATE SUCH ACTION WAS TAKEN, WHAT RECOURSE
  IS AVAILABLE SHOULD THE INDIVIDUAL BE DISSATISFIED WITH SUCH ACTION, AND
  HOW TO PURSUE THE RECOURSE AVAILABLE.
    S  2.  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
  and shall be deemed to expire therewith.