Provides that the tax abatements for certain rent-controlled and rent-regulated property occupied by senior citizens commonly known as the senior citizens' rent increase exemption (SCRIE) shall be applicable where the rent constitutes more than one-fourth rather than one-third of the tenant's income.
STATE OF NEW YORK
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4575--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 3, 2015
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Aging -- recommitted to the Committee on Aging in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the real property tax law, in relation to the income
level for the applicability of the senior citizens' rent increase
exemption
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 and subparagraph 3 of paragraph d of subdi-
2 vision 3 of section 467-b of the real property tax law, subdivision 2 as
3 amended by chapter 747 of the laws of 1985, paragraph (c) of subdivision
4 2 as added and subparagraph 3 of paragraph d of subdivision 3 as amended
5 by chapter 553 of the laws of 2015, are amended to read as follows:
6 2. The governing body of any municipal corporation is hereby author-
7 ized and empowered to adopt, after public hearing, in accordance with
8 the provisions of this section, a local law, ordinance or resolution
9 providing for the abatement of taxes of said municipal corporation
10 imposed on real property containing a dwelling unit as defined herein by
11 one of the following amounts:
12 (a) where the head of the household does not receive a monthly allow-
13 ance for shelter pursuant to the social services law, an amount not in
14 excess of that portion of any increase in maximum rent or legal regu-
15 lated rent which causes such maximum rent or legal regulated rent to
16 exceed [one-third] one-fourth of the combined income of all members of
17 the household; or
18 (b) where the head of the household receives a monthly allowance for
19 shelter pursuant to the social services law, an amount not in excess of
20 that portion of any increase in maximum rent or legal regulated rent
21 which is not covered by the maximum allowance for shelter which such
22 person is entitled to receive pursuant to the social services law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04931-03-6
A. 4575--A 2
1 (c) Provided, however, that in a city of a population of one million
2 or more, where the head of household has been granted a rent increase
3 exemption order that is in effect as of January first, two thousand
4 fifteen or takes effect on or before July first, two thousand fifteen,
5 the amount determined by paragraph (a) of this subdivision shall be an
6 amount not in excess of the difference between the maximum rent or legal
7 regulated rent and the amount specified in such order, as adjusted by
8 any other provision of this section.
9 (3) where the head of the household does not receive a monthly allow-
10 ance for shelter pursuant to the social services law, the amount by
11 which the maximum rent or legal regulated rent of the subsequent dwell-
12 ing unit exceeds [one-third] one-fourth of the combined income of all
13 members of the household, except that this subparagraph shall not apply
14 to a head of the household who has been granted a rent increase
15 exemption order that is in effect as of January first, two thousand
16 fifteen or takes effect on or before July first, two thousand fifteen.
17 § 2. This act shall take effect immediately; provided that the amend-
18 ments made to section 467-b of the real property tax law by section one
19 of this act shall not affect the expiration of such section and shall
20 expire therewith.