BILL NUMBER: S6459
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the real property tax law, in relation to providing a
rent increase exemption to persons with disabilities
 
PURPOSE:
This bill simplifies the application process for the Disability Rent
Increase Exemption (DRIE) program by providing for an income limit simi-
lar to that currently used for the Senior Citizen Rent Increase
Exemption (SCRIE) program.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph b of subdivision 3 of section 467-b of the
real property tax law to provide that
*the DRIE income limit for persons who receive either Social Security
Disability Insurance (SSDI) or disability-related Medicaid is the same
as the income limit for SCRIE applicants; and
*the DRIE eligibility criteria for disabled veterans is categorical
eligibility based on receipt of benefits from the Veteran's Adminis-
tration if they meet the other criteria for eligibility (must live in a
rent regulated apartment and pay one-third or more of their income for
rent);
*the eligibility criteria for individuals who receive Supplemental Secu-
rity Income (SST), and do not fit into either of the previous catego-
ries, is unchanged.
The bill also specifies that this expansion of DRIB eligibility is a
local option so that a locality is not required to implement this
enhanced eligibility if they choose not to do so. However, this legis-
lation would permit any locality to adopt this enhanced eligibility
including localities in which a DRIB program already exists.
 
JUSTIFICATION:
In 2005, the Legislature acted to expand the SCRIE program to disabled
New Yorkers. SCRIE freezes rents for seniors living in rent-regulated
housing with their incomes below $29,000 per year who pay one-third or
more of their income for rent. Landlords are compensated for the full
amount of the foregone rent through refundable real property tax abate-
ments.
Starting October 10, 2005, disabled New Yorkers became eligible for the
new benefit, commonly referred to as DRIE. The DRIE program is designed
to work the same way as SCRIE, however the income limits for DRIE vary
making it difficult for consumers to know if they meet the eligibility
criteria.
While the SCRIE program uses an income limit regardless of household
size (recently increased to $29,000), the DRIE program income limit
varies depending on household size. In addition, the current DRIE appli-
cation process is more complex as applicants must factor in impairment
related work expenses (IRWEs), or blind work expenses (BWEs) in order to
determine their income. Such expenses include attendant care, transpor-
tation, medical devices, prostheses, work-related equipment and assist-
ants, residential modifications, medications and medical services, diag-
nostic procedures, and nonmedical appliances and devices. Under this
legislation, applicants would no longer need to determine these
expenses.
This legislation also simplifies the application process by allowing
disabled veterans, provided they meet any of the eligibility criteria,
to be categorically eligible just as 851 recipients are now. While 94%
of disabled veterans are already eligible for the program, the remaining
6% that will become eligible by this legislation severely disabled and
therefore receive higher disability compensation.
 
LEGISLATIVE HISTORY:
2019-20: A.1473 - Referred to Aging
2017-18: A.1327 - Referred to Aging
2015-16: A.195 -Referred to Aging
2013-14: A.8469 -Referred to Aging
2011-12: A.8625 -Referred to Aging; S.398-A - Referred to Aging
2009-10: A.1062-A - Reported to Ways & Means; S.3539-A - Passed Senate
2007-08: A.7244 - Passed Assembly; S.1687 - Referred to Aging
2005-06: A.8972-A - Passed Assembly; S.5802 -Referred to Rules Means;
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This bill shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S6459: 467-b real property tax law, 467-b(3) real property tax law