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A01893 Summary:

BILL NO    A01893 

SAME AS    No same as 

SPONSOR    Gibson (MS)

COSPNSR    Paulin, Dinowitz, Weisenberg, Millman, Gottfried, Glick, Kavanagh,
           Colton, Jaffee, Cusick

MLTSPNSR   Brennan, Cook, Cymbrowitz, Hooper, Perry

Amd SS467-b & 467-c, RPT L

Relates to providing a rent increase exemption to persons with disabilities.
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A01893 Actions:

BILL NO    A01893 

01/09/2013 referred to aging
11/22/2013 enacting clause stricken
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A01893 Votes:

There are no votes for this bill in this legislative session.
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A01893 Memo:

BILL NUMBER:A1893

TITLE OF BILL:  An act to amend the real property tax law, in relation
to providing a rent increase exemption to persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL:
To simplify the application process for the Disability Rent Increase
Exemption (DRIE) program by providing for an income limit similar to
that currently used for the Senior Citizen Rent Increase Exemption
(SCRIE) program.

SUMMARY OF SPECIFIC PROVISIONS:
Amends S457-b and S467-c of the Real Property Tax law to provide that:

* the DRIE income limit for persons who receive either Social Security
Disability Insurance (SSDI) or disability-related Medicaid is the same
as the income limit for SCRIE applicants; and

* the DRIE eligibility criteria for disabled veterans is categorical
eligibility based on receipt of benefits from the Veteran's Adminis-
tration if they meet the other criteria for eligibility (must live in a
rent regulated apartment and pay one-third or more of their income for
rent);

* the eligibility criteria for individuals who receive Supplemental
Security Income (SSI), and do not fit into either of the previous cate-
gories, is unchanged.

The bill also specifies that this expansion of DRIE eligibility is a
local option so that a locality is not required to implement this
enhanced eligibility if they choose not to do so. However, this legis-
lation would permit any locality to adopt this enhanced eligibility
including localities in which a DRIE program already exists.

JUSTIFICATION:
In 2005, the Legislature acted to expand the SCRIE program to disabled
New Yorkers. SCRIE freezes rents for seniors living in rent-regulated
housing with incomes below $29,000 per year who pay one-third or more of
their income for rent. Landlords are compensated for the full amount of
the foregone rent through refundable real property tax abatements.
Starting October 10, 2005, disabled New Yorkers became eligible for the
new benefit, commonly referred to as DRIE. The DRIE program is designed
to work the same way as SCRIE, however the income limits for DRIE vary
making it difficult for consumers to know if they meet the eligibility
criteria.

While the SCRIE program uses an income limit regardless of household
size (recently increased to $29,000), the DRIE program income limit
varies depending on household size. In addition, the current DRIE appli-
cation process is more complex as applicants must factor in impairment
related work expenses (IRWEs), or blind work expenses (BWEs)- in order

to determine their income. Such expenses include attendant care, trans-
portation, medical devices, prostheses, work-related equipment and
assistants, residential modifications, medications and medical services,
diagnostic procedures, and non-medical appliances and devices. Under
this legislation, applicants would no longer need to determine these
expenses.

This legislation also simplifies the application process by allowing
disabled veterans, provided they meet any of the eligibility criteria,
to be categorically eligible just as 8S1 recipients are now. While 94%
of disabled veterans are already eligible for the program, the remaining
6% that will become eligible by this legislation are those which are
severely disabled and therefore receive higher disability compensation.

LEGISLATIVE HISTORY:
2011: A.8625 - Referred to Aging, S.298-A Referred to Aging 2010:
A.1062-A Reported to Ways and Means; S.3539-A Passed Senate 2009:
A.1062-A Referred to Aging; S.3539 Ordered to Third Reading 2008: A.7244
Passed Assembly; S.1681 Referred to Aging 2007: A.7244   Passed Assem-
bly; S.1681 Referred to Aging 2006: A.8972-A Passed Assembly; S.5802-B
Referred to Rules 2005: A.8972   Referred to Aging; S.5802-A Referred to
Rules

FISCAL IMPLICATIONS:
Negligible.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that the amendments to section 467-b
of the real property tax law made by section one of this act shall be
subject to the expiration and reversion of such section pursuant to
section 17 of chapter 576 of the laws of 1974, as amended, when upon
such date the provisions of section two of this act shall take effect.
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A01893 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1893

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of A. GIBSON, PAULIN, DINOWITZ, WEISENBERG, MILLMAN,
         GOTTFRIED, GLICK, KAVANAGH, COLTON, JAFFEE, CUSICK --  Multi-Sponsored
         by  --  M. of A. BRENNAN, COOK, CYMBROWITZ, HOOPER, PERRY -- read once
         and referred to the Committee on Aging

       AN ACT to amend the real property tax law, in relation  to  providing  a
         rent increase exemption to persons with disabilities

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph b of subdivision 3 of section 467-b of  the  real
    2  property  tax law, as amended by section 1 of chapter 188 of the laws of
    3  2005, is amended to read as follows:
    4    b. (1) for a dwelling unit where the head of the  household  qualifies
    5  as  a  person  with  a  disability  pursuant to subdivision five of this
    6  section, no tax abatement shall be granted if the  combined  income  for
    7  all members of the household for the current income tax year exceeds the
    8  maximum  income  above  which  such  head  of the household would not be
    9  eligible to receive cash supplemental  security  income  benefits  under
   10  federal law during such tax year[.]; OR
   11    (2) (I) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
   12  PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF CASH SUPPLEMENTAL SECURITY
   13  INCOME PURSUANT TO SUBDIVISION FIVE OF THIS SECTION,  NO  TAX  ABATEMENT
   14  SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD
   15  FOR  THE  CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME ABOVE WHICH
   16  SUCH HEAD OF HOUSEHOLD WOULD NOT BE ELIGIBLE  TO  RECEIVE  CASH  SUPPLE-
   17  MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
   18    (II)  FOR  A  DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
   19  PERSON WITH A DISABILITY DUE TO RECEIPT OF  SOCIAL  SECURITY  DISABILITY
   20  INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION
   21  OF  DISABILITY  AS  PROVIDED  IN  SECTION THREE HUNDRED SIXTY-SIX OF THE
   22  SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
   23  ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
   24  HOUSEHOLD FOR THE CURRENT INCOME TAX YEAR EXCEEDS  TWENTY-NINE  THOUSAND
   25  DOLLARS;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02060-01-3
       A. 1893                             2

    1    (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
    2  A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
    3  BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
    4  VETERANS  AFFAIRS  PURSUANT  TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
    5  ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
    6  HOUSEHOLD  FOR  THE  CURRENT  INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME
    7  ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
    8  SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
    9  FEDERAL LAW DURING SUCH TAX YEAR; AND
   10    (IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF
   11  SUCH INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, THE  INCOME
   12  FOR  SUCH  YEAR  MAY  BE  ADJUSTED  BY  EXCLUDING SALARY OR EARNINGS AND
   13  PROJECTING HIS OR HER RETIREMENT INCOME OVER THE ENTIRE PERIOD  OF  SUCH
   14  YEAR.
   15    PROVIDED  THAT  A  MUNICIPALITY  SHALL  NOT BE REQUIRED TO ENACT A NEW
   16  LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER  PUBLIC  HEARING  PURSUANT  TO
   17  SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
   18  A  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF
   19  THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARA-
   20  GRAPH  AND  THE  MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH
   21  ONE OF THIS PARAGRAPH.
   22    S 2. Paragraph b of subdivision 3 of section 467-b of the real proper-
   23  ty tax law, as amended by section 2 of chapter 188 of the laws of  2005,
   24  is amended to read as follows:
   25    b.  (1)  for a dwelling unit where the head of the household qualifies
   26  as a person with a disability  pursuant  to  subdivision  five  of  this
   27  section,  no  tax  abatement shall be granted if the combined income for
   28  all members of the household for the current income tax year exceeds the
   29  maximum income at which such head of the household would not be eligible
   30  to receive cash supplemental security income benefits under federal  law
   31  during such tax year[.]; OR
   32    (2)(I)  FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD QUALIFIES AS A
   33  PERSON WITH A DISABILITY DUE TO RECEIPT OF  CASH  SUPPLEMENTAL  SECURITY
   34  INCOME  PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION, NO TAX ABATEMENT
   35  SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE HOUSEHOLD
   36  FOR THE CURRENT INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME  ABOVE  WHICH
   37  SUCH  HEAD  OF  HOUSEHOLD  WOULD NOT BE ELIGIBLE TO RECEIVE CASH SUPPLE-
   38  MENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR;
   39    (II) FOR A DWELLING UNIT WHERE THE HEAD OF HOUSEHOLD  QUALIFIES  AS  A
   40  PERSON  WITH  A  DISABILITY DUE TO RECEIPT OF SOCIAL SECURITY DISABILITY
   41  INSURANCE (SSDI) OR MEDICAL ASSISTANCE BENEFITS BASED ON A DETERMINATION
   42  OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
   43  SOCIAL SERVICES LAW PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, NO TAX
   44  ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
   45  HOUSEHOLD  FOR  THE CURRENT INCOME TAX YEAR EXCEEDS TWENTY-NINE THOUSAND
   46  DOLLARS;
   47    (III) FOR A DWELLING UNIT WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS
   48  A PERSON WITH A DISABILITY DUE TO RECEIPT OF DISABILITY PENSION OR DISA-
   49  BILITY COMPENSATION BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF
   50  VETERANS AFFAIRS PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,  NO  TAX
   51  ABATEMENT SHALL BE GRANTED IF THE COMBINED INCOME FOR ALL MEMBERS OF THE
   52  HOUSEHOLD  FOR  THE  CURRENT  INCOME TAX YEAR EXCEEDS THE MAXIMUM INCOME
   53  ABOVE WHICH SUCH HEAD OF THE HOUSEHOLD WOULD NOT BE ELIGIBLE TO  RECEIVE
   54  SUCH  CASH  DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS UNDER
   55  FEDERAL LAW DURING SUCH TAX YEAR; AND
       A. 1893                             3

    1    (IV) WHEN THE HEAD OF THE HOUSEHOLD RETIRES BEFORE THE COMMENCEMENT OF
    2  SUCH INCOME TAX YEAR AND THE DATE OF FILING THE APPLICATION, THE  INCOME
    3  FOR  SUCH  YEAR  MAY  BE  ADJUSTED  BY  EXCLUDING SALARY OR EARNINGS AND
    4  PROJECTING HIS OR HER RETIREMENT INCOME OVER THE ENTIRE PERIOD  OF  SUCH
    5  YEAR.
    6    PROVIDED  THAT  A  MUNICIPALITY  SHALL  NOT BE REQUIRED TO ENACT A NEW
    7  LOCAL LAW, ORDINANCE, OR RESOLUTION AFTER  PUBLIC  HEARING  PURSUANT  TO
    8  SUBDIVISION TWO OF THIS SECTION IF SUCH MUNICIPALITY HAS ALREADY ENACTED
    9  A  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION PURSUANT TO SUBDIVISION TWO OF
   10  THIS SECTION ADOPTING THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARA-
   11  GRAPH  AND  THE  MUNICIPALITY CHOOSES TO CONTINUE UTILIZING SUBPARAGRAPH
   12  ONE OF THIS PARAGRAPH.
   13    S 3. Paragraph m of subdivision 1 of section 467-c of the real proper-
   14  ty tax law, as added by chapter 188 of the laws of 2005, is  amended  to
   15  read as follows:
   16    m.  (1)  "Person  with  a  disability"  means (I) an individual who is
   17  currently receiving  social  security  disability  insurance  (SSDI)  or
   18  supplemental  security  income  (SSI)  benefits under the federal social
   19  security act or disability pension or disability  compensation  benefits
   20  provided  by  the  United States department of veterans affairs or those
   21  previously eligible by virtue of receiving disability benefits under the
   22  supplemental security income program or the social  security  disability
   23  program  and  currently  receiving  medical assistance benefits based on
   24  determination of disability as provided in section three hundred  sixty-
   25  six of the social services law; and
   26    (II)  whose  income for the current income tax year, together with the
   27  income of all members of such individual's household,  does  not  exceed
   28  the maximum income at which such individual would be eligible to receive
   29  cash supplemental security income benefits under federal law during such
   30  tax year.
   31    (2)  IF  THE  GOVERNING  BOARD OF A MUNICIPALITY FURTHER ADOPTS, AFTER
   32  PUBLIC HEARING, A LOCAL LAW, ORDINANCE, OR RESOLUTION:
   33    (I) THE INCOME FOR THE CURRENT TAX YEAR, TOGETHER WITH THE  INCOME  OF
   34  ALL  MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL CURRENTLY
   35  RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI) OR MEDICAL ASSIST-
   36  ANCE BENEFITS BASED ON A DETERMINATION  OF  DISABILITY  AS  PROVIDED  IN
   37  SECTION  THREE  HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, MAY EXCEED
   38  THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE
   39  CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW DURING SUCH
   40  TAX YEAR, BUT MAY NOT EXCEED TWENTY-NINE THOUSAND DOLLARS;
   41    (II) THE INCOME FOR THE CURRENT INCOME TAX  YEAR,  TOGETHER  WITH  THE
   42  INCOME  OF ALL MEMBERS OF SUCH INDIVIDUAL'S HOUSEHOLD, FOR AN INDIVIDUAL
   43  WHO IS CURRENTLY RECEIVING DISABILITY PENSION OR DISABILITY COMPENSATION
   44  BENEFITS PROVIDED BY THE UNITED STATES DEPARTMENT OF  VETERANS  AFFAIRS,
   45  MAY EXCEED THE MAXIMUM INCOME AT WHICH SUCH INDIVIDUAL WOULD BE ELIGIBLE
   46  TO  RECEIVE CASH SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER FEDERAL LAW
   47  DURING SUCH TAX YEAR, BUT MAY NOT EXCEED THE  MAXIMUM  INCOME  AT  WHICH
   48  SUCH  INDIVIDUAL WOULD BE ELIGIBLE TO RECEIVE CASH DISABILITY PENSION OR
   49  DISABILITY COMPENSATION BENEFITS UNDER FEDERAL LAW DURING SUCH TAX YEAR.
   50    S 4. This act shall take effect on the one hundred twentieth day after
   51  it shall have become a law, provided  that  the  amendments  to  section
   52  467-b of the real property tax law made by section one of this act shall
   53  be  subject  to the expiration and reversion of such section pursuant to
   54  section 17 of chapter 576 of the laws of 1974,  as  amended,  when  upon
   55  such date the provisions of section two of this act shall take effect.
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