A00058 Summary:

BILL NOA00058A
 
SAME ASSAME AS S03196-A
 
SPONSORRozic
 
COSPNSRCymbrowitz, Rivera
 
MLTSPNSRCook
 
Amd §467-b, RPT L
 
Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling.
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A00058 Actions:

BILL NOA00058A
 
01/07/2015referred to aging
01/06/2016referred to aging
01/25/2016amend and recommit to aging
01/25/2016print number 58a
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A00058 Committee Votes:

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A00058 Floor Votes:

There are no votes for this bill in this legislative session.
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A00058 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          58--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M. of A. ROZIC, CYMBROWITZ, RIVERA -- Multi-Sponsored by
          -- M. of A.  COOK -- 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 tax abatement
          for rent-controlled and rent regulated  property  occupied  by  senior
          citizens or 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 g of subdivision 3 of section 467-b of  the  real
     2  property  tax  law,  as  amended  by chapter 553 of the laws of 2015, is
     3  amended to read as follows:
     4    g. notwithstanding any other provision of law to the contrary, where a
     5  head of the household holds a current, valid tax  abatement  certificate
     6  and,  after  the  effective date of this paragraph, there is a permanent
     7  decrease in the combined income of all members of the  household  in  an
     8  amount  which  exceeds  twenty  percent of such income as represented in
     9  such head of the household's last approved application for a tax  abate-
    10  ment  certificate or for renewal thereof, such head of the household may
    11  apply for a redetermination of the amount set forth therein. Upon appli-
    12  cation, such amount shall be redetermined  so  as  to  re-establish  the
    13  ratio  of  adjusted rent to income which existed at the time of approval
    14  of such head of the household's last application  for  a  tax  abatement
    15  certificate  or for renewal thereof; provided, however, that in no event
    16  shall the amount of the adjusted rent be redetermined to be (i)  in  the
    17  case of a head of the household who does not receive a monthly allowance
    18  for  shelter pursuant to the social services law, less than one-third of
    19  the combined income of all members of the household unless such head  of
    20  the  household  has been granted a rent increase exemption order that is
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00631-03-6

        A. 58--A                            2
 
     1  in effect as of January first, two thousand fifteen or takes  effect  on
     2  or  before  July  first,  two thousand fifteen; or (ii) in the case of a
     3  head of the household who  receives  a  monthly  allowance  for  shelter
     4  pursuant to the social services law, less than the maximum allowance for
     5  shelter which such head of the household is entitled to receive pursuant
     6  to  such law.  When a redetermination of the adjusted rent has been made
     7  pursuant to this paragraph, such redetermination shall be made  retroac-
     8  tive to the date on which there was a permanent decrease in the combined
     9  income  of all members of the household. For purposes of this paragraph,
    10  a decrease in the combined income of all members of the household  shall
    11  not  include  any  decrease  in such income resulting from the manner in
    12  which income is calculated pursuant to any amendment to paragraph  c  of
    13  subdivision  one  of this section made on or after April first, nineteen
    14  hundred eighty-seven. For purposes of this  paragraph,  "adjusted  rent"
    15  shall  mean  maximum  rent  or  legal regulated rent less the amount set
    16  forth in a tax abatement certificate.
    17    § 2. This act shall take effect immediately; provided,  however,  that
    18  the  amendments  to  section  467-b of the real property tax law made by
    19  section one of this act shall not affect the expiration of such  section
    20  pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
    21  and shall be deemed to expire therewith.
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