•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

A06702 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6702--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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 -- recommitted to the
          Committee on Aging in accordance with  Assembly  Rule  3,  sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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. (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.
     7    (2)  Upon the adoption of a local law, ordinance, or resolution by the
     8  governing board of a municipality, any head of household that  has  been
     9  issued  a  tax  abatement  certificate pursuant to this section for five
    10  consecutive benefit periods, and whose income  and  residence  have  not
    11  changed  since their last renewal application, shall be eligible to file
    12  a short form renewal. Such statement shall be on a  form  prescribed  by
    13  the  appropriate  rent control agency or administrative agency and shall
    14  include the following: (i) a sworn statement certifying that  such  head
    15  of  household  continues  to be eligible to receive such certificate and
    16  that their income and residence have not changed;  and  (ii)  a  certif-
    17  ication  to  be  signed  by  the  applicant stating that all information
    18  contained in their statement is true and correct  to  the  best  of  the
    19  applicant's  knowledge  and belief and stating that they understand that
    20  the willful making of any false statement of material fact therein shall
    21  subject them to the provisions of law relevant to the making and  filing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03560-02-6

        A. 6702--A                          2
 
     1  of  false  instruments  and  loss  of their benefit, and that subsequent
     2  reapplication shall be as a new applicant.
     3    (b)  A tax abatement certificate setting forth an amount not in excess
     4  of the increase in maximum rent or legal regulated rent for the  taxable
     5  period  or  such  other  amount as shall be determined under subdivision
     6  three of this section shall be issued by said agency to each head of the
     7  household who is found to be eligible under this section  on  or  before
     8  the  last  date  prescribed  by  law for the payment of the taxes or the
     9  first installment thereof of any municipal corporation which has granted
    10  an abatement of taxes.  Copies of such certificate shall  be  issued  to
    11  the  owner of the real property containing the dwelling unit of the head
    12  of the household and to the collecting officer charged with the duty  of
    13  collecting the taxes of each municipal corporation which has granted the
    14  abatement of taxes authorized by this section.
    15    §  2.  Subdivision 4 of section 467-c of the real property tax law, as
    16  added by chapter 208 of the laws of 1975, is amended to read as follows:
    17    4. a. (1) Any such local law or ordinance may provide that the  eligi-
    18  ble head of the household shall apply annually to the supervising agency
    19  for  a rent increase exemption order/tax abatement certificate on a form
    20  to be prescribed and made available by the supervising agency.
    21    (2) Upon the adoption of a local law, ordinance, or resolution by  the
    22  governing  board  of a municipality, any head of household that has been
    23  issued a tax abatement certificate pursuant to  this  section  for  five
    24  consecutive  benefit  periods,  and  whose income and residence have not
    25  changed since their last renewal application, shall be eligible to  file
    26  a  short  form  renewal. Such statement shall be on a form prescribed by
    27  the appropriate rent control agency or administrative agency  and  shall
    28  include  the  following: (i) a sworn statement certifying that such head
    29  of household continues to be eligible to receive  such  certificate  and
    30  that  their  income  and  residence have not changed; and (ii) a certif-
    31  ication to be signed by  the  applicant  stating  that  all  information
    32  contained  in  their  statement  is  true and correct to the best of the
    33  applicant's knowledge and belief and stating that they  understand  that
    34  the willful making of any false statement of material fact therein shall
    35  subject  them to the provisions of law relevant to the making and filing
    36  of false instruments and loss of  their  benefit,  and  that  subsequent
    37  reapplication shall be as a new applicant.
    38    (b)  The  supervising  agency shall approve or disapprove applications
    39  and, if it approves, shall issue a  rent  increase  exemption  order/tax
    40  abatement certificate.  Copies of such order/certificate shall be issued
    41  to  the  housing company managing the dwelling unit of the eligible head
    42  of the household, to the eligible head  of  the  household  and  to  the
    43  collecting  officer charged with the duty of collecting the taxes of the
    44  municipality.
    45    § 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.
Go to top