Bill Text: NY A03148 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2019-11-08 - SIGNED CHAP.472 [A03148 Detail]
Download: New_York-2019-A03148-Introduced.html
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: (Passed) 2019-11-08 - SIGNED CHAP.472 [A03148 Detail]
Download: New_York-2019-A03148-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3148 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 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 442 of the laws of 2016, 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. 7 (2) Upon the adoption of a local law, ordinance, or resolution by the 8 governing board of a municipality, any head of household that has been 9 issued a tax abatement certificate pursuant to this section for five 10 consecutive benefit periods, and whose income and residence have not 11 changed since their last renewal application, shall be eligible to file 12 a short form renewal. Such statement shall be on a form prescribed by 13 the appropriate rent control agency or administrative agency and shall 14 include the following: (i) a sworn statement certifying that such head 15 of household continues to be eligible to receive such certificate and 16 that their income and residence have not changed; and (ii) a certif- 17 ication to be signed by the applicant stating that all information 18 contained in their statement is true and correct to the best of the 19 applicant's knowledge and belief and stating that they understand that 20 the willful making of any false statement of material fact therein shall 21 subject them to the provisions of law relevant to the making and filing EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00781-01-9A. 3148 2 1 of false instruments and loss of their benefit, and that subsequent 2 reapplication shall be as a new applicant. 3 (b) A tax abatement certificate setting forth an amount not in excess 4 of the increase in maximum rent or legal regulated rent for the taxable 5 period or such other amount as shall be determined under subdivision 6 three of this section shall be issued by said agency to each head of the 7 household who is found to be eligible under this section on or before 8 the last date prescribed by law for the payment of the taxes or the 9 first installment thereof of any municipal corporation which has granted 10 an abatement of taxes. Copies of such certificate shall be issued to the 11 owner of the real property containing the dwelling unit of the head of 12 the household and to the collecting officer charged with the duty of 13 collecting the taxes of each municipal corporation which has granted the 14 abatement of taxes authorized by this section. The appropriate rent 15 control agency or administrative agency shall send a notice of required 16 renewal to each head of household currently receiving an exemption under 17 this section via United States Postal Service to their primary residence 18 no less than thirty days prior to the application renewal date. 19 § 2. Subdivision 4 of section 467-b of the real property tax law, as 20 added by chapter 689 of the laws of 1972, is amended to read as follows: 21 4. The head of the household must apply each year to the appropriate 22 rent control agency for a tax abatement certificate on a form prescribed 23 by said agency. A tax abatement certificate setting forth an amount not 24 in excess of the increase in maximum rent for the taxable period shall 25 be issued by said agency to each head of the household who is found to 26 be eligible under this section on or before the last date prescribed by 27 law for the payment of the taxes or the first installment thereof of any 28 city, town or village which has granted an abatement of taxes. Copies of 29 such certificate shall be issued to the owner of the real property 30 containing the dwelling unit of the head of the household and to the 31 collecting officer charged with the duty of collecting the taxes of each 32 city, town or village which has granted the abatement of taxes author- 33 ized by this section. The appropriate rent control agency or adminis- 34 trative agency shall send a notice of required renewal to each head of 35 household currently receiving an exemption under this section via United 36 States Postal Service to their primary residence no less than thirty 37 days prior to the application renewal date. 38 § 3. Subdivision 4 of section 467-c of the real property tax law, as 39 amended by chapter 442 of the laws of 2016, is amended to read as 40 follows: 41 4. a. (1) Any such local law or ordinance may provide that the eligi- 42 ble head of the household shall apply annually to the supervising agency 43 for a rent increase exemption order/tax abatement certificate on a form 44 to be prescribed and made available by the supervising agency. 45 (2) Upon the adoption of a local law, ordinance, or resolution by the 46 governing board of a municipality, any head of household that has been 47 issued a tax abatement certificate pursuant to this section for five 48 consecutive benefit periods, and whose income and residence have not 49 changed since their last renewal application, shall be eligible to file 50 a short form renewal. Such statement shall be on a form prescribed by 51 the appropriate rent control agency or administrative agency and shall 52 include the following: (i) a sworn statement certifying that such head 53 of household continues to be eligible to receive such certificate and 54 that their income and residence have not changed; and (ii) a certif- 55 ication to be signed by the applicant stating that all information 56 contained in their statement is true and correct to the best of theA. 3148 3 1 applicant's knowledge and belief and stating that they understand that 2 the willful making of any false statement of material fact therein shall 3 subject them to the provisions of law relevant to the making and filing 4 of false instruments and loss of their benefit, and that subsequent 5 reapplication shall be as a new applicant. 6 (b) The supervising agency shall approve or disapprove applications 7 and, if it approves, shall issue a rent increase exemption order/tax 8 abatement certificate. Copies of such order/certificate shall be issued 9 to the housing company managing the dwelling unit of the eligible head 10 of the household, to the eligible head of the household and to the 11 collecting officer charged with the duty of collecting the taxes of the 12 municipality. The appropriate supervising agency shall send a notice of 13 required renewal to each head of household currently receiving an 14 exemption under this section via United States Postal Service to their 15 primary residence no less than thirty days prior to the application 16 renewal date. 17 § 4. This act shall take effect on the ninetieth day after it shall 18 have become a law; provided that the amendments to section 467-b of the 19 real property tax law made by section one of this act shall be subject 20 to the expiration and reversion of such section pursuant to section 17 21 of chapter 576 of the laws of 1974, as amended, when upon such date the 22 provisions of section two of this act shall take effect.