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S02451 Summary:

BILL NOS02451A
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSRADDABBO, SEPULVEDA
 
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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S02451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2451--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2025
                                       ___________
 
        Introduced  by  Sens.  KAVANAGH,  ADDABBO,  SEPULVEDA  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Aging  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee
 
        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 if provided by the local law, ordinance or
     7  resolution adopted pursuant to this section, a tax abatement certificate
     8  setting forth an amount equal to the amount by which the maximum rent or
     9  legal regulated rent of the subsequent dwelling unit  exceeds  one-third
    10  of  the  combined income of all members of the household for the taxable
    11  period shall be issued by said agency to each head of household  who  is
    12  found  to  be  eligible  under  this section and upon application to the
    13  appropriate rent control agency  or  administrative  agency  on  a  form
    14  prescribed  by  said agency on or before the last date prescribed by law
    15  for the payment of the taxes or the first installment  therefor  of  any
    16  municipal corporation which has granted an abatement of taxes. Copies of
    17  such  certificate  shall  be  issued  to  the owner of the real property
    18  containing the dwelling unit of the head of the  household  and  to  the
    19  collecting officer charged with the duty of collecting the taxes or each
    20  municipal  corporation  which has granted the abatement of taxes author-
    21  ized by this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00073-04-5

        S. 2451--A                          2
 
     1    § 3. Subdivision (a) of section 26-605 of the administrative  code  of
     2  the  city  of New York, as amended by local law number 98 of the city of
     3  New York for the year 1985 and paragraph 3 as added by  chapter  553  of
     4  the laws of 2015, is amended to read as follows:
     5    (a)  Subject  to the provisions of this chapter and if provided by the
     6  local law, ordinance or resolution adopted pursuant to this section,  an
     7  eligible  head  of  the  household  may obtain a rent increase exemption
     8  order/tax abatement certificate entitling [him or her] such head of  the
     9  household  to  an  exemption from increases in the maximum rent equal to
    10  the amount by which the maximum rent or  legal  regulated  rent  of  the
    11  subsequent dwelling unit exceeds one-third of the combined income of all
    12  members  of  the  household  otherwise  payable  in one of the following
    13  amounts:
    14    (1) where the eligible head of the household does not receive a month-
    15  ly allowance for shelter pursuant to the social services law, the amount
    16  by which increases in the  maximum  rent  subsequent  to  such  persons'
    17  eligibility  date  have resulted in the maximum rent exceeding one-third
    18  of the combined income of all members of the household for  the  taxable
    19  period,  except  that  in no event shall a rent increase exemption order
    20  tax abatement certificate become effective prior to January first, nine-
    21  teen hundred seventy-six; or
    22    (2) where the eligible head of the household receives a monthly allow-
    23  ance for shelter pursuant to the social  services  law,  an  amount  not
    24  exceeding  that  portion  of  any increase in maximum rent subsequent to
    25  such person's eligibility date which  is  not  covered  by  the  maximum
    26  allowance  for shelter which such person is entitled to receive pursuant
    27  to the social services law.
    28    [(3) notwithstanding paragraph one  of  this  subdivision,  where  the
    29  eligible  head  of  the  household is a person who qualifies as a person
    30  with a disability pursuant to section 26-617 of this chapter and who has
    31  been granted a rent increase exemption order that is  in  effect  as  of
    32  January  first,  two  thousand fifteen or takes effect on or before July
    33  first, two thousand fifteen, the amount  specified  in  such  order,  as
    34  adjusted  by  any other provision of this chapter, regardless of whether
    35  increases in the maximum rent subsequent to  such  persons'  eligibility
    36  date  have  resulted  in  the  maximum  rent  exceeding one-third of the
    37  combined income of all members of the household for the taxable period.]
    38    § 4. Item (a) of subparagraph (i) of paragraph 3 of subdivision  b  of
    39  section  26-509  of  the administrative code of the city of New York, as
    40  amended by local law number 98 of the city of  New  York  for  the  year
    41  1985, is amended to read as follows:
    42    (a)  in  the  case  of  a head of the household who does not receive a
    43  monthly allowance for shelter pursuant to the social services law,  that
    44  the  landlord  may not collect from the tenant to whom it is issued rent
    45  at a rate in excess of [either] one-third of  the  aggregate  disposable
    46  income[,  or  the  rent  in effect immediately preceding the eligibility
    47  date, whichever is greater]; or
    48    § 5. This act shall take effect immediately; provided that the  amend-
    49  ments  to  section 26-509 of chapter 4 of title 26 of the administrative
    50  code of the city of New York made by section  four  of  this  act  shall
    51  expire  on  the  same  date as such law expires and shall not affect the
    52  expiration of such law as provided under section 26-520 of such law.
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