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S08063 Summary:

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S08063 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8063
 
                    IN SENATE
 
                                      June 9, 2016
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the real property tax law, in relation to exemption from
          rental increases and abatement of real property taxes on certain types
          of housing occupied by low income senior citizens
 
          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 651 of the laws of 1988, 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.
     7    (2)  Upon the adoption of a local law, ordinance, or resolution by the
     8  governing board of a municipality, any head of household that  has  been
     9  issued  a  tax  abatement  certificate pursuant to this section for five
    10  consecutive benefit periods, and whose income  and  residence  have  not
    11  changed  since their last renewal application, shall be eligible to file
    12  a short form renewal. Such statement shall be on a  form  prescribed  by
    13  the  appropriate  rent control agency or administrative agency and shall
    14  include the following: (i) a sworn statement certifying that  such  head
    15  of  household  continues  to be eligible to receive such certificate and
    16  that their income and residence have not changed;  and  (ii)  a  certif-
    17  ication  to  be  signed  by  the  applicant stating that all information
    18  contained in their statement is true and correct  to  the  best  of  the
    19  applicant's  knowledge  and belief and stating that they understand that
    20  the willful making of any false statement of material fact therein shall
    21  subject them to the provisions of law relevant to the making and  filing
    22  of  false  instruments  and  loss  of their benefit, and that subsequent
    23  reapplication shall be as a new applicant.
    24    (b) A tax abatement certificate setting forth an amount not in  excess
    25  of  the increase in maximum rent or legal regulated rent for the taxable
    26  period or such other amount as shall  be  determined  under  subdivision
    27  three of this section shall be issued by said agency to each head of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03560-03-6
        S. 8063                             2
 
     1  household  who  is  found to be eligible under this section on or before
     2  the last date prescribed by law for the payment  of  the  taxes  or  the
     3  first installment thereof of any municipal corporation which has granted
     4  an  abatement  of taxes.   Copies of such certificate shall be issued to
     5  the owner of the real property containing the dwelling unit of the  head
     6  of  the household and to the collecting officer charged with the duty of
     7  collecting the taxes of each municipal corporation which has granted the
     8  abatement of taxes authorized by this section.
     9    § 2.  Subdivision 4 of section 467-c of the real property tax law,  as
    10  added by chapter 208 of the laws of 1975, is amended to read as follows:
    11    4.  a. (1) Any such local law or ordinance may provide that the eligi-
    12  ble head of the household shall apply annually to the supervising agency
    13  for a rent increase exemption order/tax abatement certificate on a  form
    14  to be prescribed and made available by the supervising agency.
    15    (2)  Upon the adoption of a local law, ordinance, or resolution by the
    16  governing board of a municipality, any head of household that  has  been
    17  issued  a  tax  abatement  certificate pursuant to this section for five
    18  consecutive benefit periods, and whose income  and  residence  have  not
    19  changed  since their last renewal application, shall be eligible to file
    20  a short form renewal. Such statement shall be on a  form  prescribed  by
    21  the  appropriate  rent control agency or administrative agency and shall
    22  include the following: (i) a sworn statement certifying that  such  head
    23  of  household  continues  to be eligible to receive such certificate and
    24  that their income and residence have not changed;  and  (ii)  a  certif-
    25  ication  to  be  signed  by  the  applicant stating that all information
    26  contained in their statement is true and correct  to  the  best  of  the
    27  applicant's  knowledge  and belief and stating that they understand that
    28  the willful making of any false statement of material fact therein shall
    29  subject them to the provisions of law relevant to the making and  filing
    30  of  false  instruments  and  loss  of their benefit, and that subsequent
    31  reapplication shall be as a new applicant.
    32    (b) The supervising agency shall approve  or  disapprove  applications
    33  and,  if  it  approves,  shall issue a rent increase exemption order/tax
    34  abatement certificate.  Copies of such order/certificate shall be issued
    35  to the housing company managing the dwelling unit of the  eligible  head
    36  of  the  household,  to  the  eligible  head of the household and to the
    37  collecting officer charged with the duty of collecting the taxes of  the
    38  municipality.
    39    §  3.  This act shall take effect immediately; provided, however, that
    40  the amendment to subdivision 4 of section 467-b of the real property tax
    41  law made by section one of this act shall not affect the  expiration  of
    42  such section and shall be deemed to expire therewith.