BILL NUMBER: S631
SPONSOR: STAVISKY
 
TITLE OF BILL:
An act to amend the real property tax law, in relation to tax abatement
for rent-controlled and rent regulated property occupied by senior citi-
zens or persons with disabilities
 
PURPOSE OR GENERAL IDEA OF BILL:
Makes rent re-determinations under the Senior Citizen Rent Increase
Exemption Program (SCRIE) and the Disability Rent Increase Exemption
Program (DRIE) retroactive to the time of the decrease in income of the
Household, at local option.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends paragraph g of subdivision 3 of section 467-b of the
real property tax law, as amended by chapter 553 of the laws of 2015.
When a re-determination of the adjusted rent has been made pursuant to
this paragraph, such re-determination may, at local option, be made
retroactive to the date there was a permanent decrease in the combined
income of all members of the household, provided that the look-back
period shall be limited to the most recent application.
Section 2. Sets forth the effective date.
 
JUSTIFICATION:
The SCRIE and DRIE programs provide exemption for low income senior
citizen and disabled tenants from certain rent increases. Senior citi-
zens and disabled citizens who lose an income-earning spouse and have
been benefiting from the SCRIE or DRIE programs, are entitled to a rede-
termination of their rent based on their now lower income.
Unfortunately, because the re-determination process takes time, widowed
seniors or persons with disabilities may be left paying a higher rent
than they can now afford. This legislation makes the lower re-determined
rent retroactive to the date of the loss of income, allowing widowed,
low income seniors or persons with disabilities to maintain their apart-
ments.
 
PRIOR LEGISLATIVE HISTORY:
2003-2004: A.5835/S 3011 - Referred to Aging
2005-2006: A.3220/S.1709 - Referred to Aging.
2007-2008: A.5344/S.2659 - Referred to Aging.
2009-2010: A.1260-A/S.1742-A - Referred to Aging.
2011-2012: A.1526/S.1224 - Referred to Aging.
2013-2014: A.5274/S.637 - Referred to Aging.
2015-2016: A.58-A/S.3196-A - Referred to Aging.
2017-2018: A.13313/S.5225 - Referred to Aging.
2019-2020: A.3780-B/B.2945-B - Referred to Aging.
2021-2022; A.No same as/S.6650 - Referred to Aging.
2023-2024: A.5836/S.1814 - Referred to Aging.
 
FISCAL EMPLICATIONS :
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S631: 467-b real property tax law, 467-b(3) real property tax law