Bill Text: NY A03148 | 2019-2020 | General Assembly | Amended


Bill Title: Requires the appropriate rent control agency or administrative agency or supervising agency to send a notice of required renewal to each head of household currently receiving an exemption under the SCRIE program 30 days prior to the application renewal date.

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Introduced) 2019-05-06 - substituted by s4060 [A03148 Detail]

Download: New_York-2019-A03148-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3148--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by  M.  of  A. DINOWITZ, BENEDETTO, GOTTFRIED, L. ROSENTHAL,
          ABBATE,  COOK,  CRESPO,  PERRY,  WRIGHT,   RIVERA,   WEPRIN,   COLTON,
          SEAWRIGHT, BARRON, TAYLOR -- Multi-Sponsored by -- M. of A. DenDEKKER,
          EPSTEIN,  GLICK,  HEVESI,  McDONOUGH,  M. G. MILLER  --  read once and
          referred to the Committee  on  Aging  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the real  property  tax  law,  in  relation  to  renewal
          notices for applications under the SCRIE program
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 467-b of  the  real  property  tax
     2  law,  as  amended by chapter 360 of the laws of 2018, is amended to read
     3  as follows:
     4    4. a. (1) The head of the household must apply every two years to  the
     5  appropriate  rent  control  agency  or  administrative  agency for a tax
     6  abatement certificate on a form prescribed by  said  agency.  Such  form
     7  shall  be made available to any organization, entity, or agency partner-
     8  ing with the supervising agency pursuant to subdivision three-a of  this
     9  section.  Any  completed application received pursuant to paragraph d of
    10  subdivision three-a of this section shall be treated as if it  had  been
    11  received directly from the applicant or participant.
    12    (2)  Upon the adoption of a local law, ordinance, or resolution by the
    13  governing board of a municipality, any head of household that  has  been
    14  issued  a  tax  abatement  certificate pursuant to this section for five
    15  consecutive benefit periods, and whose income  and  residence  have  not
    16  changed  since their last renewal application, shall be eligible to file
    17  a short form renewal. Such statement shall be on a  form  prescribed  by
    18  the  appropriate  rent control agency or administrative agency and shall
    19  include the following: (i) a sworn statement certifying that  such  head
    20  of  household  continues  to be eligible to receive such certificate and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00781-03-9

        A. 3148--A                          2
     1  that their income and residence have not changed;  and  (ii)  a  certif-
     2  ication  to  be  signed  by  the  applicant stating that all information
     3  contained in their statement is true and correct  to  the  best  of  the
     4  applicant's  knowledge  and belief and stating that they understand that
     5  the willful making of any false statement of material fact therein shall
     6  subject them to the provisions of law relevant to the making and  filing
     7  of  false  instruments  and  loss  of their benefit, and that subsequent
     8  reapplication shall be as a new applicant.
     9    (b) A tax abatement certificate setting forth an amount not in  excess
    10  of  the increase in maximum rent or legal regulated rent for the taxable
    11  period or such other amount as shall  be  determined  under  subdivision
    12  three of this section shall be issued by said agency to each head of the
    13  household  who  is  found to be eligible under this section on or before
    14  the last date prescribed by law for the payment  of  the  taxes  or  the
    15  first installment thereof of any municipal corporation which has granted
    16  an abatement of taxes. Copies of such certificate shall be issued to the
    17  owner  of  the real property containing the dwelling unit of the head of
    18  the household and to the collecting officer charged  with  the  duty  of
    19  collecting the taxes of each municipal corporation which has granted the
    20  abatement  of  taxes  authorized  by  this section. The appropriate rent
    21  control agency or administrative agency shall send a notice of  required
    22  renewal to each head of household currently receiving an exemption under
    23  this section via United States Postal Service to their primary residence
    24  no less than thirty days prior to the application renewal date.
    25    §  2.  Subdivision 4 of section 467-b of the real property tax law, as
    26  added by chapter 689 of the laws of 1972, is amended to read as follows:
    27    4. The head of the household must apply each year to  the  appropriate
    28  rent control agency for a tax abatement certificate on a form prescribed
    29  by  said agency. A tax abatement certificate setting forth an amount not
    30  in excess of the increase in maximum rent for the taxable  period  shall
    31  be  issued  by said agency to each head of the household who is found to
    32  be eligible under this section on or before the last date prescribed  by
    33  law for the payment of the taxes or the first installment thereof of any
    34  city, town or village which has granted an abatement of taxes. Copies of
    35  such  certificate  shall  be  issued  to  the owner of the real property
    36  containing the dwelling unit of the head of the  household  and  to  the
    37  collecting officer charged with the duty of collecting the taxes of each
    38  city,  town  or village which has granted the abatement of taxes author-
    39  ized by this section.  The appropriate rent control agency  or  adminis-
    40  trative  agency  shall send a notice of required renewal to each head of
    41  household currently receiving an exemption under this section via United
    42  States Postal Service to their primary residence  no  less  than  thirty
    43  days prior to the application renewal date.
    44    §  3.  Subdivision 4 of section 467-c of the real property tax law, as
    45  amended by chapter 442 of the laws  of  2016,  is  amended  to  read  as
    46  follows:
    47    4.  a. (1) Any such local law or ordinance may provide that the eligi-
    48  ble head of the household shall apply annually to the supervising agency
    49  for a rent increase exemption order/tax abatement certificate on a  form
    50  to be prescribed and made available by the supervising agency.
    51    (2)  Upon the adoption of a local law, ordinance, or resolution by the
    52  governing board of a municipality, any head of household that  has  been
    53  issued  a  tax  abatement  certificate pursuant to this section for five
    54  consecutive benefit periods, and whose income  and  residence  have  not
    55  changed  since their last renewal application, shall be eligible to file
    56  a short form renewal. Such statement shall be on a  form  prescribed  by

        A. 3148--A                          3
     1  the  appropriate  rent control agency or administrative agency and shall
     2  include the following: (i) a sworn statement certifying that  such  head
     3  of  household  continues  to be eligible to receive such certificate and
     4  that  their  income  and  residence have not changed; and (ii) a certif-
     5  ication to be signed by  the  applicant  stating  that  all  information
     6  contained  in  their  statement  is  true and correct to the best of the
     7  applicant's knowledge and belief and stating that they  understand  that
     8  the willful making of any false statement of material fact therein shall
     9  subject  them to the provisions of law relevant to the making and filing
    10  of false instruments and loss of  their  benefit,  and  that  subsequent
    11  reapplication shall be as a new applicant.
    12    [(b)]  b.  The supervising agency shall approve or disapprove applica-
    13  tions and, if  it  approves,  shall  issue  a  rent  increase  exemption
    14  order/tax  abatement certificate. Copies of such order/certificate shall
    15  be issued to the housing company  managing  the  dwelling  unit  of  the
    16  eligible  head  of  the household, to the eligible head of the household
    17  and to the collecting officer charged with the duty  of  collecting  the
    18  taxes of the municipality. The appropriate supervising agency shall send
    19  a notice of required renewal to each head of household currently receiv-
    20  ing  an exemption under this section via United States Postal Service to
    21  their primary residence no less than thirty days prior to  the  applica-
    22  tion renewal date.
    23    §  4.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law; provided that the amendments to section 467-b of  the
    25  real  property  tax law made by section one of this act shall be subject
    26  to the expiration and reversion of such section pursuant to  section  17
    27  of  chapter 576 of the laws of 1974, as amended, when upon such date the
    28  provisions of section two of this act shall take effect.
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