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S04060 Summary:

BILL NOS04060
 
SAME ASSAME AS A03148-A
 
SPONSORHOYLMAN
 
COSPNSRCARLUCCI, FELDER, GOUNARDES
 
MLTSPNSR
 
Amd 467-b & 467-c, RPT L
 
Requires the appropriate rent control agency or administrative agency or supervising agency to send a notice of required renewal to each head of household currently receiving an exemption under the SCRIE program 30 days prior to the application renewal date.
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S04060 Actions:

BILL NOS04060
 
02/26/2019REFERRED TO AGING
03/19/20191ST REPORT CAL.301
03/20/20192ND REPORT CAL.
03/25/2019ADVANCED TO THIRD READING
03/26/2019PASSED SENATE
03/26/2019DELIVERED TO ASSEMBLY
03/26/2019referred to aging
05/06/2019substituted for a3148a
05/06/2019ordered to third reading cal.236
05/06/2019passed assembly
05/06/2019returned to senate
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S04060 Memo:

Memo not available
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S04060 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4060
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 26, 2019
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging
 
        AN ACT to amend the real  property  tax  law,  in  relation  to  renewal
          notices for applications under the SCRIE program
 
          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 360 of the laws of 2018, 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.  Such  form
     7  shall  be made available to any organization, entity, or agency partner-
     8  ing with the supervising agency pursuant to subdivision three-a of  this
     9  section.  Any  completed application received pursuant to paragraph d of
    10  subdivision three-a of this section shall be treated as if it  had  been
    11  received directly from the applicant or participant.
    12    (2)  Upon the adoption of a local law, ordinance, or resolution by the
    13  governing board of a municipality, any head of household that  has  been
    14  issued  a  tax  abatement  certificate pursuant to this section for five
    15  consecutive benefit periods, and whose income  and  residence  have  not
    16  changed  since their last renewal application, shall be eligible to file
    17  a short form renewal. Such statement shall be on a  form  prescribed  by
    18  the  appropriate  rent control agency or administrative agency and shall
    19  include the following: (i) a sworn statement certifying that  such  head
    20  of  household  continues  to be eligible to receive such certificate and
    21  that their income and residence have not changed;  and  (ii)  a  certif-
    22  ication  to  be  signed  by  the  applicant stating that all information
    23  contained in their statement is true and correct  to  the  best  of  the
    24  applicant's  knowledge  and belief and stating that they understand that
    25  the willful making of any false statement of material fact therein shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00781-02-9

        S. 4060                             2
 
     1  subject them to the provisions of law relevant to the making and  filing
     2  of  false  instruments  and  loss  of their benefit, and that subsequent
     3  reapplication shall be as a new applicant.
     4    (b)  A tax abatement certificate setting forth an amount not in excess
     5  of the increase in maximum rent or legal regulated rent for the  taxable
     6  period  or  such  other  amount as shall be determined under subdivision
     7  three of this section shall be issued by said agency to each head of the
     8  household who is found to be eligible under this section  on  or  before
     9  the  last  date  prescribed  by  law for the payment of the taxes or the
    10  first installment thereof of any municipal corporation which has granted
    11  an abatement of taxes. Copies of such certificate shall be issued to the
    12  owner of the real property containing the dwelling unit of the  head  of
    13  the  household  and  to  the collecting officer charged with the duty of
    14  collecting the taxes of each municipal corporation which has granted the
    15  abatement of taxes authorized by  this  section.  The  appropriate  rent
    16  control  agency or administrative agency shall send a notice of required
    17  renewal to each head of household currently receiving an exemption under
    18  this section via United States Postal Service to their primary residence
    19  no less than thirty days prior to the application renewal date.
    20    § 2. Subdivision 4 of section 467-b of the real property tax  law,  as
    21  added by chapter 689 of the laws of 1972, is amended to read as follows:
    22    4.  The  head of the household must apply each year to the appropriate
    23  rent control agency for a tax abatement certificate on a form prescribed
    24  by said agency. A tax abatement certificate setting forth an amount  not
    25  in  excess  of the increase in maximum rent for the taxable period shall
    26  be issued by said agency to each head of the household who is  found  to
    27  be  eligible under this section on or before the last date prescribed by
    28  law for the payment of the taxes or the first installment thereof of any
    29  city, town or village which has granted an abatement of taxes. Copies of
    30  such certificate shall be issued to  the  owner  of  the  real  property
    31  containing  the  dwelling  unit  of the head of the household and to the
    32  collecting officer charged with the duty of collecting the taxes of each
    33  city, town or village which has granted the abatement of  taxes  author-
    34  ized  by  this section.  The appropriate rent control agency or adminis-
    35  trative agency shall send a notice of required renewal to each  head  of
    36  household currently receiving an exemption under this section via United
    37  States  Postal  Service  to  their primary residence no less than thirty
    38  days prior to the application renewal date.
    39    § 3. Subdivision 4 of section 467-c of the real property tax  law,  as
    40  amended  by  chapter  442  of  the  laws  of 2016, is amended to read as
    41  follows:
    42    4. a. (1) Any such local law or ordinance may provide that the  eligi-
    43  ble head of the household shall apply annually to the supervising agency
    44  for  a rent increase exemption order/tax abatement certificate on a form
    45  to be prescribed and made available by the supervising agency.
    46    (2) Upon the adoption of a local law, ordinance, or resolution by  the
    47  governing  board  of a municipality, any head of household that has been
    48  issued a tax abatement certificate pursuant to  this  section  for  five
    49  consecutive  benefit  periods,  and  whose income and residence have not
    50  changed since their last renewal application, shall be eligible to  file
    51  a  short  form  renewal. Such statement shall be on a form prescribed by
    52  the appropriate rent control agency or administrative agency  and  shall
    53  include  the  following: (i) a sworn statement certifying that such head
    54  of household continues to be eligible to receive  such  certificate  and
    55  that  their  income  and  residence have not changed; and (ii) a certif-
    56  ication to be signed by  the  applicant  stating  that  all  information

        S. 4060                             3
 
     1  contained  in  their  statement  is  true and correct to the best of the
     2  applicant's knowledge and belief and stating that they  understand  that
     3  the willful making of any false statement of material fact therein shall
     4  subject  them to the provisions of law relevant to the making and filing
     5  of false instruments and loss of  their  benefit,  and  that  subsequent
     6  reapplication shall be as a new applicant.
     7    [(b)]  b.  The supervising agency shall approve or disapprove applica-
     8  tions and, if  it  approves,  shall  issue  a  rent  increase  exemption
     9  order/tax  abatement certificate. Copies of such order/certificate shall
    10  be issued to the housing company  managing  the  dwelling  unit  of  the
    11  eligible  head  of  the household, to the eligible head of the household
    12  and to the collecting officer charged with the duty  of  collecting  the
    13  taxes of the municipality. The appropriate supervising agency shall send
    14  a notice of required renewal to each head of household currently receiv-
    15  ing  an exemption under this section via United States Postal Service to
    16  their primary residence no less than thirty days prior to  the  applica-
    17  tion renewal date.
    18    §  4.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law; provided that the amendments to section 467-b of  the
    20  real  property  tax law made by section one of this act shall be subject
    21  to the expiration and reversion of such section pursuant to  section  17
    22  of  chapter 576 of the laws of 1974, as amended, when upon such date the
    23  provisions of section two of this act shall take effect.
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