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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7729
SPONSOR: Lasher TITLE OF BILL:
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)
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorize localities the ability to opt-
in, via local action, to set the standard for a portion of rent a tenant
is responsible to pay under the SCRIE and DRIE programs, which should be
no more than one-third of their household income.
SUMMARY OF SPECIFIC PROVISIONS:
The bill adds language to subdivision (a) of section 26-605 of the
Administrative Code of the City of New York to codify, pursuant to local
action, that the amount of the maximum rent or legal regulated rent
under the SCRIE and DRIB programs cannot exceed one-third of household
income. The bill repeals sections of current law that prescribes the
former method of allocating SCRIE and DRIB awards.
SUMMARY OF CHANGES IN THE AMENDMENT:
The bill amends section 467-b subdivision 4 of the real property tax law
by adding a new paragraph c that prescribes the framework for the local
administration of the SCRIE and DRIE programs to ensure that a partic-
ipating tenant's portion of rent does not exceed one-third of household
income.
JUSTIFICATION:
The SCRIE and DRIB programs serve older adults or people with disabili-
ties who have household incomes of no more than $50,000 a year, live in
rent-regulated apartments, and pay more than one-third of their income
in rent, by freezing tenants' rent at the rent they paid when they
entered the program. While these programs have helped keep thousands of
older adults and people with disabilities in their homes, many tenants
in the SCRIE and DRIE programs are still severely rent-burdened, and
struggle to get by in the face of decades of rent and price increases
without a corresponding increase in retirement and social security bene-
fits.
This bill would provide localities the option to limit the rent that a
tenant is responsible to pay under the SCRIE and DRIB programs to one-
third of their household income. This would provide greater relief to
some of the neediest New Yorkers - according to a 2016 study by LiveOn
New York, 60% of older adults who are enrolled in the SCRIE program pay
over 50% of their income in rent, which leads to many having to skip
meals in order to pay their rent and stay in their homes. Capping rents
at one-third of tenants' income would help ensure that SCRIE and DRIB
tenants will be able to live with dignity and security.
PRIOR LEGISLATIVE HISTORY:
2024: S569 (Kavanagh) - REPORTED AND COMMITTED TO FINANCE /A2974
(O'Donnell) - referred to aging
2023: S569 (Kavanagh) - REPORTED AND COMMITTED TO FINANCE /A2974
(O'Donnell) - referred to aging
2022: S2806 (Kavanagh) - REFERRED TO AGING /A4433 (O'Donnell) - referred
to aging
2021: S2806 (Kavanagh) - REFERRED TO AGING /A4433 (O'Donnell) - referred
to aging
2020: S7754 (Kavanagh) - REFERRED TO AGING /A8749 (O'Donnell) - referred
to aging
2018: S7057 (Golden) - ADVANCED TO THIRD READING /A8424 (Abbate) -
referred to aging
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
section 26-509 of chapter 4 of title 26 of the administrative code of
the city of New York made by section four of this act shall expire on
the same date as such law expires and shall not affect the expiration of
such law as provided under section 26-520 of such law.
STATE OF NEW YORK
________________________________________________________________________
7729
2025-2026 Regular Sessions
IN ASSEMBLY
April 8, 2025
___________
Introduced by M. of A. LASHER -- 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 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.
22 § 3. Subdivision (a) of section 26-605 of the administrative code of
23 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.
LBD00073-05-5
A. 7729 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 and if provided by the
4 local law, ordinance or resolution adopted pursuant to this section, an
5 eligible head of the household may obtain a rent increase exemption
6 order/tax abatement certificate entitling [him or her] such head of the
7 household to an exemption from increases in the maximum rent equal to
8 the amount by which the maximum rent or legal regulated rent of the
9 subsequent dwelling unit exceeds one-third of the combined income of all
10 members of the household otherwise payable in one of the following
11 amounts:
12 (1) where the eligible head of the household does not receive a month-
13 ly allowance for shelter pursuant to the social services law, the amount
14 by which increases in the maximum rent subsequent to such persons'
15 eligibility date have resulted in the maximum rent exceeding one-third
16 of the combined income of all members of the household for the taxable
17 period, except that in no event shall a rent increase exemption order
18 tax abatement certificate become effective prior to January first, nine-
19 teen hundred seventy-six; or
20 (2) where the eligible head of the household receives a monthly allow-
21 ance for shelter pursuant to the social services law, an amount not
22 exceeding that portion of any increase in maximum rent subsequent to
23 such person's eligibility date which is not covered by the maximum
24 allowance for shelter which such person is entitled to receive pursuant
25 to the social services law.
26 [(3) notwithstanding paragraph one of this subdivision, where the
27 eligible head of the household is a person who qualifies as a person
28 with a disability pursuant to section 26-617 of this chapter and who has
29 been granted a rent increase exemption order that is in effect as of
30 January first, two thousand fifteen or takes effect on or before July
31 first, two thousand fifteen, the amount specified in such order, as
32 adjusted by any other provision of this chapter, regardless of whether
33 increases in the maximum rent subsequent to such persons' eligibility
34 date have resulted in the maximum rent exceeding one-third of the
35 combined income of all members of the household for the taxable period.]
36 § 4. Item (a) of subparagraph (i) of paragraph 3 of subdivision b of
37 section 26-509 of the administrative code of the city of New York, as
38 amended by local law number 98 of the city of New York for the year
39 1985, is amended to read as follows:
40 (a) in the case of a head of the household who does not receive a
41 monthly allowance for shelter pursuant to the social services law, that
42 the landlord may not collect from the tenant to whom it is issued rent
43 at a rate in excess of [either] one-third of the aggregate disposable
44 income[, or the rent in effect immediately preceding the eligibility
45 date, whichever is greater]; or
46 § 5. This act shall take effect immediately; provided that the amend-
47 ments to section 26-509 of chapter 4 of title 26 of the administrative
48 code of the city of New York made by section four of this act shall
49 expire on the same date as such law expires and shall not affect the
50 expiration of such law as provided under section 26-520 of such law.
