NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1893
SPONSOR: Gibson (MS) 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 §457-b and §467-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.
