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: (Passed) 2019-11-08 - SIGNED CHAP.472 [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. LBD00781-03-9A. 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 byA. 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.
