Bill Text: NY A06026 | 2017-2018 | General Assembly | Introduced


Bill Title: Makes certain tax abatement forms more readily available to seniors and authorizes certain entities to assist in the completion of such forms.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Passed) 2018-12-07 - signed chap.360 [A06026 Detail]

Download: New_York-2017-A06026-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6026
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 21, 2017
                                       ___________
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Aging
        AN ACT to amend the real property tax law, in relation to making certain
          tax abatement forms more readily available to seniors and  authorizing
          certain entities to assist in the completion of such forms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 467-b of the real property tax law
     2  is amended by adding a new paragraph g to read as follows:
     3    g. "Supervising agency" shall mean the appropriate rent control agency
     4  or administrative agency designated to administer the tax abatement  for
     5  rent-controlled  and rent regulated property occupied by senior citizens
     6  or persons with disabilities pursuant to a  local  law,  resolution,  or
     7  ordinance passed pursuant to subdivision two of this section.
     8    § 2. Section 467-b of the real property tax law is amended by adding a
     9  new subdivision 3-a to read as follows:
    10    3-a.  The  supervising  agency shall develop and implement a plan that
    11  will increase the ability of applicants and participants to  obtain  and
    12  complete its forms in a community setting. Additionally, the supervising
    13  agency shall make assistance available with respect to the completion of
    14  such forms. Such plan shall include, but not be limited to:
    15    a.  partnering  with  organizations,  where  available, that engage in
    16  outreach and provide supportive services to seniors within the community
    17  to make such forms available to potential applicants and current partic-
    18  ipants, as well as providing assistance with respect to  the  completion
    19  of  such  forms.  Organizations  that  have  contact with seniors in the
    20  community shall include, where applicable, but not be limited to  senior
    21  centers,  community-based  organizations,  community  boards established
    22  pursuant to section twenty-eight hundred of the New York  city  charter,
    23  neighborhood  preservation  companies  established  pursuant  to article
    24  sixteen of the private  housing  finance  law,  and  rural  preservation
    25  corporations  established  pursuant  to article seventeen of the private
    26  housing finance law;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07286-01-7

        A. 6026                             2
     1    b. partnering with other municipal entities or agencies to disseminate
     2  information and forms for the tax abatement program as well  as  provide
     3  assistance with the completion of such forms;
     4    c.  providing  training  for  individuals in such partnering organiza-
     5  tions, entities, and agencies to assist individuals in  completing  such
     6  forms for the tax abatement program;
     7    d. authorizing organizations, entities, or agencies that offer assist-
     8  ance  with  forms pursuant to this subdivision to accept completed forms
     9  from applicants and participants and forward  them  to  the  supervising
    10  agency.  The  supervising  agency  shall treat such forms as if they had
    11  been received directly from the applicant or participant.
    12    § 3. Subdivision 4 of section 467-b of the real property tax  law,  as
    13  amended  by  chapter  442  of  the  laws  of 2016, is amended to read as
    14  follows:
    15    4. a. (1) The head of the household must apply every two years to  the
    16  appropriate  rent  control  agency  or  administrative  agency for a tax
    17  abatement certificate on a form prescribed by said agency.    Such  form
    18  shall  be made available to any organization, entity, or agency partner-
    19  ing with the supervising agency pursuant to subdivision three-a of  this
    20  section.  Any  completed application received pursuant to paragraph d of
    21  subdivision three-a of this section shall be treated as if it  had  been
    22  received directly from the applicant or participant.
    23    (2)  Upon the adoption of a local law, ordinance, or resolution by the
    24  governing board of a municipality, any head of household that  has  been
    25  issued  a  tax  abatement  certificate pursuant to this section for five
    26  consecutive benefit periods, and whose income  and  residence  have  not
    27  changed  since their last renewal application, shall be eligible to file
    28  a short form renewal. Such statement shall be on a  form  prescribed  by
    29  the  appropriate  rent control agency or administrative agency and shall
    30  include the following: (i) a sworn statement certifying that  such  head
    31  of  household  continues  to be eligible to receive such certificate and
    32  that their income and residence have not changed;  and  (ii)  a  certif-
    33  ication  to  be  signed  by  the  applicant stating that all information
    34  contained in their statement is true and correct  to  the  best  of  the
    35  applicant's  knowledge  and belief and stating that they understand that
    36  the willful making of any false statement of material fact therein shall
    37  subject them to the provisions of law relevant to the making and  filing
    38  of  false  instruments  and  loss  of their benefit, and that subsequent
    39  reapplication shall be as a new applicant.
    40    (b) A tax abatement certificate setting forth an amount not in  excess
    41  of  the increase in maximum rent or legal regulated rent for the taxable
    42  period or such other amount as shall  be  determined  under  subdivision
    43  three of this section shall be issued by said agency to each head of the
    44  household  who  is  found to be eligible under this section on or before
    45  the last date prescribed by law for the payment  of  the  taxes  or  the
    46  first installment thereof of any municipal corporation which has granted
    47  an abatement of taxes. Copies of such certificate shall be issued to the
    48  owner  of  the real property containing the dwelling unit of the head of
    49  the household and to the collecting officer charged  with  the  duty  of
    50  collecting the taxes of each municipal corporation which has granted the
    51  abatement of taxes authorized by this section.
    52    §  4. This act shall take effect immediately; provided that the amend-
    53  ments to section 467-b of the real property tax  law  made  by  sections
    54  one,  two  and three of this act shall not affect the expiration of such
    55  section and shall be deemed to expire therewith.
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