Bill Text: NY S00924 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes application of the property tax abatement for rent-controlled or rent regulated properties occupied by senior citizens or disabled persons, to those units occupied by tenants paying the maximum allowable rent when such rent exceeds 1/2 of the household income; provides for state payments to cities affected thereby equal to 10% of lost real property tax revenue.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-09 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00924 Detail]
Download: New_York-2019-S00924-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 924 2019-2020 Regular Sessions IN SENATE January 9, 2019 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the real property tax law, in relation to tax abatements for dwelling units occupied by certain persons residing in rent-cont- rolled or rent regulated properties, and providing state aid to cities affected by such tax abatements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading of section 467-b of the real property 2 tax law, as amended by section 1 of chapter 188 of the laws of 2005, is 3 amended to read as follows: 4 Tax abatement for rent-controlled and rent regulated property occupied 5 by senior citizens or persons with disabilities or persons paying a 6 maximum rent or legal regulated rent which exceeds one-half of the 7 combined income of all members of their household. 8 § 2. Paragraph b of subdivision 1 of section 467-b of the real proper- 9 ty tax law, as amended by section 1 of chapter 188 of the laws of 2005, 10 is amended to read as follows: 11 b. "Head of the household" means a person (i) who is sixty-two years 12 of age or older, or (ii) who qualifies as a person with a disability 13 pursuant to subdivision five of this section, or (iii) who pays a maxi- 14 mum rent or legal regulated rent which exceeds one-half of the combined 15 income of all members of their household, and is entitled to the 16 possession or to the use or occupancy of a dwelling unit; 17 § 3. Subdivision 2 of section 467-b of the real property tax law, as 18 amended by chapter 747 of the laws of 1985, paragraph (c) as added by 19 chapter 553 of the laws of 2015, paragraph (d) as added by chapter 343 20 of the laws of 2016, is amended to read as follows: 21 2. The governing body of any municipal corporation is hereby author- 22 ized and empowered to adopt, after public hearing, in accordance with EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04566-01-9S. 924 2 1 the provisions of this section, a local law, ordinance or resolution 2 providing for the abatement of taxes of said municipal corporation 3 imposed on real property containing a dwelling unit as defined herein by 4 one of the following amounts: (a) where the head of the household does 5 not receive a monthly allowance for shelter pursuant to the social 6 services law, an amount not in excess of that portion of any increase in 7 maximum rent or legal regulated rent which causes such maximum rent or 8 legal regulated rent to exceed one-third of the combined income of all 9 members of the household; or 10 (b) where the head of the household qualifies as a person paying a 11 maximum rent or legal regulated rent which exceeds one-half of the 12 combined income of all members of the household and does not receive a 13 monthly allowance for shelter pursuant to the social services law, an 14 amount not in excess of that portion of any increase in maximum rent or 15 legal regulated rent which causes such maximum rent or legal regulated 16 rent to exceed one-half of the combined income of all members of the 17 household; or 18 (c) where the head of the household receives a monthly allowance for 19 shelter pursuant to the social services law, an amount not in excess of 20 that portion of any increase in maximum rent or legal regulated rent 21 which is not covered by the maximum allowance for shelter which such 22 person is entitled to receive pursuant to the social services law. 23 [(c)] (d) Provided, however, that in a city of a population of one 24 million or more, where the head of household has been granted a rent 25 increase exemption order that is in effect as of January first, two 26 thousand fifteen or takes effect on or before July first, two thousand 27 fifteen, the amount determined by paragraph (a) of this subdivision 28 shall be an amount not in excess of the difference between the maximum 29 rent or legal regulated rent and the amount specified in such order, as 30 adjusted by any other provision of this section. 31 [(d)] (e) (1) Provided, however, that in a city with a population of 32 one million or more, a head of the household who has received a rent 33 increase exemption order that has expired and who, upon renewal applica- 34 tion for the period commencing immediately after such expiration, is 35 determined to be ineligible for a rent increase exemption order because 36 the combined income of all members of the household exceeds the maximum 37 amount allowed by this section or the maximum rent or legal regulated 38 rent does not exceed one-third of the combined income of all members of 39 the household, may submit a new application during the following calen- 40 dar year, and if such head of the household receives a rent increase 41 exemption order that commences during such calendar year, the tax abate- 42 ment amount for such order shall be calculated as if such prior rent 43 increase exemption order had not expired. However, no tax abatement 44 benefits may be provided for the period of ineligibility. 45 (2) No head of the household may receive more than three rent increase 46 exemption orders calculated as if a prior rent increase exemption order 47 had not expired, as described in subparagraph one of this paragraph. 48 § 4. Paragraph a of subdivision 3 of section 467-b of the real proper- 49 ty tax law, as amended by section 1 of part U of chapter 55 of the laws 50 of 2014, is amended to read as follows: 51 a. for a dwelling unit where the head of the household is a person 52 sixty-two years of age or older or where the head of the household pays 53 a maximum rent or legal regulated rent which exceeds one-half of the 54 combined income of all members of the household, no tax abatement shall 55 be granted if the combined income of all members of the household for 56 the income tax year immediately preceding the date of making applicationS. 924 3 1 exceeds four thousand dollars, or such other sum not more than twenty- 2 five thousand dollars beginning July first, two thousand five, twenty- 3 six thousand dollars beginning July first, two thousand six, twenty-sev- 4 en thousand dollars beginning July first, two thousand seven, 5 twenty-eight thousand dollars beginning July first, two thousand eight, 6 twenty-nine thousand dollars beginning July first, two thousand nine, 7 and fifty thousand dollars beginning July first, two thousand fourteen, 8 as may be provided by the local law, ordinance or resolution adopted 9 pursuant to this section, provided that when the head of the household 10 retires before the commencement of such income tax year and the date of 11 filing the application, the income for such year may be adjusted by 12 excluding salary or earnings and projecting his or her retirement income 13 over the entire period of such year. 14 § 5. Paragraph d of subdivision 1 of section 467-c of the real proper- 15 ty tax law, as separately amended by chapters 188 and 205 of the laws of 16 2005, subparagraph 1 as amended by section 2 of part U of chapter 55 of 17 the laws of 2014, is amended to read as follows: 18 d. "Eligible head of the household" means (1) a person or his or her 19 spouse who is sixty-two years of age or older, or a person who pays a 20 maximum rent which exceeds one-half of the combined income of all 21 members of the household, and is entitled to the possession or to the 22 use and occupancy of a dwelling unit, provided, however, with respect to 23 a dwelling which was subject to a mortgage insured or initially insured 24 by the federal government pursuant to section two hundred thirteen of 25 the National Housing Act, as amended "eligible head of the household" 26 shall be limited to that person or his or her spouse who was entitled to 27 possession or the use and occupancy of such dwelling unit at the time of 28 termination of such mortgage, and whose income when combined with the 29 income of all other members of the household, does not exceed six thou- 30 sand five hundred dollars for the taxable period, or such other sum not 31 less than sixty-five hundred dollars nor more than twenty-five thousand 32 dollars beginning July first, two thousand five, twenty-six thousand 33 dollars beginning July first, two thousand six, twenty-seven thousand 34 dollars beginning July first, two thousand seven, twenty-eight thousand 35 dollars beginning July first, two thousand eight, twenty-nine thousand 36 dollars beginning July first, two thousand nine, and fifty thousand 37 dollars beginning July first, two thousand fourteen, as may be provided 38 by local law; or (2) a person with a disability as defined in this 39 subdivision. 40 § 6. Subparagraph 1 of paragraph a of subdivision 3 of section 467-c 41 of the real property tax law, as amended by chapter 747 of the laws of 42 1985, is amended to read as follows: 43 (1) where the eligible head of the household who is either sixty-two 44 years of age or older or is disabled does not receive a monthly allow- 45 ance for shelter pursuant to the social services law, the amount by 46 which increases in the maximum rent subsequent to such person's eligi- 47 bility date have resulted in the maximum rent exceeding one-third of the 48 combined income of all members of the household for the taxable period, 49 or where the eligible head of the household is a person who pays a maxi- 50 mum rent which exceeds one-half of the combined income of all members of 51 the household and does not receive a monthly allowance for shelter 52 pursuant to the social services law, the amount by which increases in 53 the maximum rent subsequent to such person's date have resulted in the 54 maximum rent exceeding one-half of the combined income of all members of 55 the household for the taxable period, except that in no event shall aS. 924 4 1 rent increase exemption order/tax abatement certificate become effective 2 prior to January first, nineteen hundred seventy-six; or 3 § 7. The state comptroller shall annually pay to each city providing 4 real property tax abatements pursuant to sections 467-b and 467-c of the 5 real property tax law an amount equal to 10 per centum of the real prop- 6 erty tax revenue lost during the city fiscal year due to the implementa- 7 tion of the provisions of this act. Each city eligible for state 8 payments pursuant to this section shall provide the state comptroller 9 with such information as he or she shall deem necessary. 10 § 8. This act shall take effect immediately; provided however, that 11 a. the amendments to section 467-b of the real property tax law, made 12 by sections one, two, three and four of this act shall be subject to the 13 expiration and reversion of such section pursuant to section 17 of chap- 14 ter 576 of the laws of 1974, and shall expire and be deemed repealed 15 therewith; 16 b. the amendments to paragraph a of subdivision 3 of section 467-b of 17 the real property tax law, made by section four of this act shall be 18 subject to the expiration of such paragraph pursuant to section 4 of 19 part U of chapter 55 of the laws of 2014, as amended, and shall be 20 deemed to expire therewith; and 21 c. the amendments to subparagraph 1 of paragraph d of subdivision 1 of 22 section 467-c of the real property tax law, made by section five of this 23 act shall not affect the expiration of such subparagraph pursuant to 24 section 4 of part U of chapter 55 of the laws of 2014, as amended, and 25 shall expire and be deemed repealed therewith.
