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.
STATE OF NEW YORK
________________________________________________________________________
2974
2023-2024 Regular Sessions
IN ASSEMBLY
February 1, 2023
___________
Introduced by M. of A. O'DONNELL -- 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 or
7 more, a tax abatement certificate setting forth an amount equal to the
8 amount by which the maximum rent or legal regulated rent of the subse-
9 quent 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.
LBD02000-01-3
A. 2974 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 26-509 of chapter 4 of title 26 of the administrative
46 code of the city of New York made by section four of this act shall
47 expire on the same date as such law expires and shall not affect the
48 expiration of such law as provided under section 26-520 of such law.
