A08424 Summary:

BILL NOA08424
 
SAME ASSAME AS S07057
 
SPONSORAbbate
 
COSPNSRRodriguez
 
MLTSPNSR
 
Amd §467-b, RPT L; amd §§26-605 & 26-509, NYC Ad Cd
 
Relates to establishing a maximum rent of one-third of household income for the senior citizens rent increase exemption and disability rent increase exemption.
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A08424 Actions:

BILL NOA08424
 
06/15/2017referred to aging
01/03/2018referred to aging
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A08424 Committee Votes:

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A08424 Floor Votes:

There are no votes for this bill in this legislative session.
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A08424 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8424
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 15, 2017
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Aging
 
        AN ACT to amend the real property tax law and the administrative code of
          the  city  of  New York, in relation to establishing a maximum rent of
          one-third of household income for the senior  citizens  rent  increase
          exemption (SCRIE) and disability rent increase exemption (DRIE)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "senior citizens rent increase exemption (SCRIE) and disability rent
     3  increase exemption (DRIE) rollback act".
     4    §  2.  Subdivision  4 of section 467-b of the real property tax law is
     5  amended by adding a new paragraph (c) to read as follows:
     6    (c) Provided, however, that in a city of a population of  one  million
     7  or  more,  a  tax abatement certificate setting forth an amount equal to
     8  the amount by which the maximum rent or  legal  regulated  rent  of  the
     9  subsequent dwelling unit exceeds one-third of the combined income of all
    10  members  of the household for the taxable period shall be issued by said
    11  agency to each head of household who is found to be eligible under  this
    12  section  and  upon application to the appropriate rent control agency or
    13  administrative agency on a form prescribed by said agency on  or  before
    14  the  last  date  prescribed  by  law for the payment of the taxes or the
    15  first installment therefor of any municipal corporation which has grant-
    16  ed an abatement of taxes. Copies of such certificate shall be issued  to
    17  the  owner of the real property containing the dwelling unit of the head
    18  of the household and to the collecting officer charged with the duty  of
    19  collecting the taxes or each municipal corporation which has granted the
    20  abatement of taxes authorized by this section.
    21    §  3.  Subdivision (a) of section 26-605 of the administrative code of
    22  the city of New York, as amended by local law number 98 of the  city  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13201-01-7

        A. 8424                             2
 
     1  New  York  for  the year 1985 and paragraph 3 as added by chapter 553 of
     2  the laws of 2015, is amended to read as follows:
     3    (a)  Subject to the provisions of this chapter an eligible head of the
     4  household may obtain  a  rent  increase  exemption  order/tax  abatement
     5  certificate  entitling  him or her to an exemption from increases in the
     6  maximum rent equal to the amount by which  the  maximum  rent  or  legal
     7  regulated  rent of the subsequent dwelling unit exceeds one-third of the
     8  combined income of all members of the household otherwise payable in one
     9  of the following amounts:
    10    (1) where the eligible head of the household does not receive a month-
    11  ly allowance for shelter pursuant to the social services law, the amount
    12  by which increases in the  maximum  rent  subsequent  to  such  persons'
    13  eligibility  date  have resulted in the maximum rent exceeding one-third
    14  of the combined income of all members of the household for  the  taxable
    15  period,  except  that  in no event shall a rent increase exemption order
    16  tax abatement certificate become effective prior to January first, nine-
    17  teen hundred seventy-six; or
    18    (2) where the eligible head of the household receives a monthly allow-
    19  ance for shelter pursuant to the social  services  law,  an  amount  not
    20  exceeding  that  portion  of  any increase in maximum rent subsequent to
    21  such person's eligibility date which  is  not  covered  by  the  maximum
    22  allowance  for shelter which such person is entitled to receive pursuant
    23  to the social services law.
    24    [(3) notwithstanding paragraph one  of  this  subdivision,  where  the
    25  eligible  head  of  the  household is a person who qualifies as a person
    26  with a disability pursuant to section 26-617 of this chapter and who has
    27  been granted a rent increase exemption order that is  in  effect  as  of
    28  January  first,  two  thousand fifteen or takes effect on or before July
    29  first, two thousand fifteen, the amount  specified  in  such  order,  as
    30  adjusted  by  any other provision of this chapter, regardless of whether
    31  increases in the maximum rent subsequent to  such  persons'  eligibility
    32  date  have  resulted  in  the  maximum  rent  exceeding one-third of the
    33  combined income of all members of the household for the taxable period.]
    34    § 4. Item (a) of subparagraph (i) of paragraph 3 of subdivision  b  of
    35  section  26-509  of  the administrative code of the city of New York, as
    36  amended by local law number 98 of the city of  New  York  for  the  year
    37  1985, is amended to read as follows:
    38    (a)  in  the  case  of  a head of the household who does not receive a
    39  monthly allowance for shelter pursuant to the social services law,  that
    40  the  landlord  may not collect from the tenant to whom it is issued rent
    41  at a rate in excess of [either] one-third of  the  aggregate  disposable
    42  income[,  or  the  rent  in effect immediately preceding the eligibility
    43  date, whichever is greater]; or
    44    § 5. This act shall take effect immediately; provided that the  amend-
    45  ments  to section 467-b of the real property tax law made by section two
    46  of this act shall not affect the expiration of such section and shall be
    47  deemed to expire therewith; and provided, further, that  the  amendments
    48  to section 26-509 of chapter 4 of title 26 of the administrative code of
    49  the  city  of  New York made by section four of this act shall expire on
    50  the same date as such law expires and shall not affect the expiration of
    51  such law as provided under section 26-520 of such law.
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