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A06702 Text:

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

                                         6702

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 30, 2015
                                      ___________

       Introduced  by M. of A. PERRY -- Multi-Sponsored by -- M. of A. GALEF --
         read once and referred to the Committee on Aging

       AN ACT to amend the real property tax law, in relation to exemption from
         rental increases and abatement of real property taxes on certain types
         of housing occupied by low income senior citizens

         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 651 of the laws of 1988, is amended  to  read
    3  as follows:
    4    4.  A.  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. ANY HEAD OF
    7  HOUSEHOLD THAT HAS BEEN ISSUED A TAX ABATEMENT CERTIFICATE  PURSUANT  TO
    8  THIS  SECTION  FOR FIVE CONSECUTIVE YEARS, SHALL NOT BE REQUIRED TO FILE
    9  EVERY TWO YEARS FOR A  TAX  ABATEMENT  CERTIFICATE,  PROVIDED  THAT  THE
   10  GOVERNING  BOARD  OF  THE  MUNICIPALITY IN WHICH THE ELIGIBLE INDIVIDUAL
   11  RESIDES, AFTER PUBLIC HEARING ADOPTS A LOCAL LAW,  ORDINANCE  OR  RESOL-
   12  UTION PROVIDING THEREFOR THAT SAID PERSON SHALL BE MAILED AN APPLICATION
   13  FORM  AND  A  NOTICE  INFORMING THEM OF THEIR RIGHTS.  PROVIDED HOWEVER,
   14  THAT WHEN THE APPLICATION FORM IS COMPLETED A SWORN  AFFIDAVIT  MUST  BE
   15  INCLUDED  AND  SHALL STATE THAT SUCH PERSON CONTINUES TO BE ELIGIBLE FOR
   16  THE TAX ABATEMENT. SUCH AFFIDAVIT SHALL BE ON A FORM PRESCRIBED  BY  THE
   17  DIVISION  OF HOUSING AND COMMUNITY RENEWAL.  A tax abatement certificate
   18  setting forth an amount not in excess of the increase in maximum rent or
   19  legal regulated rent for the taxable period  or  such  other  amount  as
   20  shall  be  determined  under  subdivision three of this section shall be
   21  issued by said agency to each head of the household who is found  to  be
   22  eligible under this section on or before the last date prescribed by law
   23  for  the  payment  of  the taxes or the first installment thereof of any
   24  municipal corporation which has granted an abatement of taxes.    Copies

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03560-01-5
       A. 6702                             2

    1  of  such  certificate  shall be issued to the owner of the real property
    2  containing the dwelling unit of the head of the  household  and  to  the
    3  collecting officer charged with the duty of collecting the taxes of each
    4  municipal  corporation  which has granted the abatement of taxes author-
    5  ized by this section.
    6    B.  ANY CONVICTION OF MAKING A PUNISHABLE FALSE WRITTEN  STATEMENT  IN
    7  THE APPLICATION FOR SUCH EXEMPTION OR IN FAILING TO NOTIFY THE APPROPRI-
    8  ATE  RENT  CONTROL  AGENCY  OR  ADMINISTRATIVE  AGENCY  OF ANY CHANGE OF
    9  CIRCUMSTANCES WHICH WOULD RENDER SUCH RENTER OR RENTERS  INELIGIBLE  FOR
   10  SUCH AN EXEMPTION AFTER BEING DEEMED ELIGIBLE FOR FIVE CONSECUTIVE YEARS
   11  FOR  WHICH  AN EXEMPTION HAS BEEN GRANTED, SHALL BE PUNISHABLE BY A FINE
   12  OF NOT MORE THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY THE  APPLICANT
   13  OR APPLICANTS FROM FURTHER EXEMPTION FOR A PERIOD OF FIVE YEARS.
   14    S  2.  Subdivision 4 of section 467-c of the real property tax law, as
   15  added by chapter 208 of the laws of 1975, is amended to read as follows:
   16    4. A.  Any such local law or ordinance may provide that  the  eligible
   17  head of the household shall apply annually to the supervising agency for
   18  a  rent  increase exemption order/tax abatement certificate on a form to
   19  be prescribed and made available by the supervising agency. ANY HEAD  OF
   20  HOUSEHOLD  THAT  HAS BEEN ISSUED A TAX ABATEMENT CERTIFICATE PURSUANT TO
   21  THIS SECTION FOR FIVE CONSECUTIVE YEARS, SHALL NOT BE REQUIRED  TO  FILE
   22  EVERY  TWO  YEARS  FOR  A  TAX  ABATEMENT CERTIFICATE, PROVIDED THAT THE
   23  GOVERNING BOARD OF THE MUNICIPALITY IN  WHICH  THE  ELIGIBLE  INDIVIDUAL
   24  RESIDES,  AFTER  PUBLIC  HEARING ADOPTS A LOCAL LAW, ORDINANCE OR RESOL-
   25  UTION PROVIDING THEREFOR THAT SAID PERSON SHALL BE MAILED AN APPLICATION
   26  FORM AND A NOTICE INFORMING THEM OF THEIR  RIGHTS.    PROVIDED  HOWEVER,
   27  THAT  WHEN  THE  APPLICATION FORM IS COMPLETED A SWORN AFFIDAVIT MUST BE
   28  INCLUDED AND SHALL STATE THAT SUCH PERSON CONTINUES TO BE  ELIGIBLE  FOR
   29  THE  TAX  ABATEMENT. SUCH AFFIDAVIT SHALL BE ON A FORM PRESCRIBED BY THE
   30  DIVISION OF HOUSING AND COMMUNITY RENEWAL. The supervising agency  shall
   31  approve  or  disapprove  applications and, if it approves, shall issue a
   32  rent increase exemption order/tax abatement certificate.  Copies of such
   33  order/certificate shall be issued to the housing  company  managing  the
   34  dwelling  unit  of  the  eligible head of the household, to the eligible
   35  head of the household and to the collecting  officer  charged  with  the
   36  duty of collecting the taxes of the municipality.
   37    B.  ANY SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE THAT FAILURE TO NOTIFY
   38  THE  APPROPRIATE  RENT  CONTROL  AGENCY  OR ADMINISTRATIVE AGENCY OF ANY
   39  CHANGE OF CIRCUMSTANCES WHICH WOULD RENDER SUCH RENTER OR RENTERS INELI-
   40  GIBLE FOR SUCH AN EXEMPTION AFTER BEING DEEMED ELIGIBLE FOR FIVE CONSEC-
   41  UTIVE YEARS FOR WHICH AN EXEMPTION HAS BEEN GRANTED, SHALL BE PUNISHABLE
   42  BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY  THE
   43  APPLICANT  OR  APPLICANTS  FROM  FURTHER  EXEMPTION FOR A PERIOD OF FIVE
   44  YEARS.
   45    S 3. This act shall take effect immediately; provided,  however,  that
   46  the amendment to subdivision 4 of section 467-b of the real property tax
   47  law  made  by section one of this act shall not affect the expiration of
   48  such section and shall be deemed to expire therewith.
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