Bill S910-2011

Increases allowable maximum income of persons occupying rental units otherwise eligible for tax abatement in certain cases

Increases allowable maximum income (from $20,000 to $50,000) of persons occupying rental units otherwise eligible for tax abatement in certain cases under provisions applicable to senior citizens' rent increase exemption (SCRIE).

Details

Actions

  • Jan 4, 2012: REFERRED TO AGING
  • Jan 5, 2011: REFERRED TO AGING

Memo

BILL NUMBER:S910

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 the locality 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: Amends section 467-b of the real property tax law pertaining to SCRIE eligibility by increasing the combined household income limits that the local governing body may authorize from twenty seven thousand dollars to up to fifty thousand dollars.

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 or older, the head of a household, live in a rent controlled or rent stabilized apartment or rent regulated hotel unit and their household income may not exceed $50,000. 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.

LEGISLATIVE HISTORY: 2002: S.7211 2003-04: S.3094 2005-06: S.1459 2009-10: S.4783

FISCAL IMPLICATIONS: None to the State; fiscal implications at local level determined by the amount of the increase to program.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 910 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. KRUEGER -- 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 thou- sand dollars beginning July first, two thousand nine,] FIFTY THOUSAND DOLLARS 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:
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,] FIFTY THOUSAND DOLLARS 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 on the thirtieth day after it shall have become a law, 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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