467-B - Tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities.

* §  467-b.  Tax  abatement  for  rent-controlled  and  rent regulated  property occupied by senior citizens or persons  with  disabilities.  1.  Definitions. As used in this section:    a.  "Dwelling  unit"  means that part of a dwelling in which a head of  the household resides and which  is  subject  to  either  the  emergency  housing  rent  control  law or to the rent and rehabilitation law of the  city of New York enacted pursuant to the local  emergency  housing  rent  control  law,  or  to  the  emergency  tenant protection act of nineteen  seventy-four;    b. "Head of the household" means a person (i) who is  sixty-two  years  of  age  or  older,  or (ii) who qualifies as a person with a disability  pursuant to subdivision five of this section, and  is  entitled  to  the  possession or to the use or occupancy of a dwelling unit;    c.  "Income"  means  income  from  all  sources after deduction of all  income and social  security  taxes  and  includes  social  security  and  retirement  benefits,  supplemental security income and additional state  payments, public assistance benefits, interest,  dividends,  net  rental  income,  salary  or  earnings,  and net income from self-employment, but  shall not include gifts or inheritances, payments  made  to  individuals  because  of  their  status as victims of Nazi persecution, as defined in  P.L. 103-286, or increases in benefits accorded pursuant to  the  social  security  act  or  a public or private pension paid to any member of the  household which increase,  in  any  given  year,  does  not  exceed  the  consumer  price  index  (all  items United States city average) for such  year which take effect after the date of  eligibility  of  head  of  the  household  receiving  benefits hereunder whether received by the head of  the household or any other member of the household;    d. "Income tax year" means a twelve month period for which the head of  the household filed a federal personal income tax return, or if no  such  return is filed, the calendar year;    e.  "Increase  in  maximum  rent  or  legal  regulated rent" means any  increase in the maximum  rent  or  the  legal  regulated  rent  for  the  dwelling unit in question pursuant to the applicable rent control law or  to  the  emergency  tenant  protection  act  of  nineteen  seventy-four,  respectively, or such classes of increase thereunder as may be specified  in a local  law,  ordinance  or  resolution  enacted  pursuant  to  this  section,  over  such base period rent as shall be provided therein or an  exemption from the maximum rent or legal regulated rent as specified  in  paragraph c or d of subdivision three of this section;    f.  "Members of the household" means the head of the household and any  person, other than a bona fide roomer, boarder or subtenant who  is  not  related  to  the  head  of  the  household,  permanently residing in the  dwelling unit.    2.  The  governing  body  of  any  municipal  corporation  is   hereby  authorized  and  empowered to adopt, after public hearing, in accordance  with  the  provisions  of  this  section,  a  local  law,  ordinance  or  resolution  providing  for  the  abatement  of  taxes  of said municipal  corporation imposed on real  property  containing  a  dwelling  unit  as  defined  herein  by  one of the following amounts: (a) where the head of  the household does not receive a monthly allowance for shelter  pursuant  to  the  social services law, an amount not in excess of that portion of  any increase in maximum rent or legal regulated rent which  causes  such  maximum rent or legal regulated rent to exceed one-third of the combined  income of all members of the household; or    (b)  where  the head of the household receives a monthly allowance for  shelter pursuant to the social services law, an amount not in excess  of  that  portion  of  any  increase in maximum rent or legal regulated rentwhich is not covered by the maximum allowance  for  shelter  which  such  person is entitled to receive pursuant to the social services law.    3. Any such local law, ordinance or resolution shall provide that:    a.  for  a  dwelling  unit where the head of the household is a person  sixty-two years of age or older, no tax abatement shall  be  granted  if  the  combined  income of all members of the household for the income tax  year immediately preceding the date of making application  exceeds  four  thousand  dollars,  or such other sum not more than twenty-five thousand  dollars beginning July first, two  thousand  five,  twenty-six  thousand  dollars  beginning  July  first, two thousand six, twenty-seven thousand  dollars beginning July first, two thousand seven, twenty-eight  thousand  dollars  beginning  July  first,  two  thousand  eight,  and twenty-nine  thousand dollars beginning July first, two  thousand  nine,  as  may  be  provided  by  the local law, ordinance or resolution adopted pursuant to  this section, provided that when  the  head  of  the  household  retires  before  the  commencement of such income tax year and the date of filing  the application, the income for such year may be adjusted  by  excluding  salary  or earnings and projecting his or her retirement income over the  entire period of such year.    b. for a dwelling unit where the head of the household qualifies as  a  person  with  a disability pursuant to subdivision five of this section,  no tax abatement shall be granted if the combined income for all members  of the household for the current income tax  year  exceeds  the  maximum  income  above  which such head of the household would not be eligible to  receive cash supplemental security income  benefits  under  federal  law  during such tax year.    c.  upon  issuance  of  a  tax  abatement  certificate  as provided in  subdivision  four  of  this  section,  the  amount  set  forth  in  said  certificate  shall  be  deducted  from  the  legal maximum rent or legal  regulated rent  chargeable  for  a  dwelling  unit  of  a  head  of  the  household.    d.  notwithstanding  any  other  provision  of law, when a head of the  household to whom a then current, valid tax  abatement  certificate  has  been  issued  moves  his principal residence from one dwelling unit to a  subsequent dwelling unit located within the same municipal  corporation,  the  head  of  the  household  may apply for a tax abatement certificate  relating to the subsequent  dwelling  unit,  and  such  certificate  may  provide  that the head of the household shall be exempt from paying that  portion of the maximum rent or legal regulated rent for  the  subsequent  dwelling unit which is the least of the following:    (1)  the  amount  by  which  the rent for the subsequent dwelling unit  exceeds the last rent, as reduced, which the head of the  household  was  required to actually pay in the original dwelling unit;    (2)  the last amount deducted from the maximum rent or legal regulated  rent pursuant to this section in the original dwelling unit; or    (3) where the head  of  the  household  does  not  receive  a  monthly  allowance for shelter pursuant to the social services law, the amount by  which  the  maximum  rent  or  legal  regulated  rent  of the subsequent  dwelling unit exceeds one-third of the combined income of all members of  the household.    e. notwithstanding any other provision of law,  when  a  head  of  the  household  to  whom  a then current, valid tax abatement certificate has  been issued moves his principal residence from one dwelling unit subject  to the provisions of articles II, IV, V or XI  of  the  private  housing  finance  law  to  a subsequent dwelling unit subject to either the local  emergency housing rent control law or to the emergency tenant protection  act of nineteen seventy-four which is located within the same  municipal  corporation,  the  head  of  the household may apply for a tax abatementcertificate  relating  to  the  subsequent  dwelling  unit,   and   such  certificate  may  provide that the head of the household shall be exempt  from paying that portion of the maximum rent or legal regulated rent for  the subsequent dwelling unit which is the least of the following:    (1)  the  amount  by  which  the rent for the subsequent dwelling unit  exceeds the last rent, as so reduced, which the head  of  the  household  was required to actually pay in the original dwelling unit;    (2)  the most recent amount so deducted from the maximum rent or legal  regulated rent in the original dwelling unit; or    (3) where the head  of  the  household  does  not  receive  a  monthly  allowance for shelter pursuant to the social services law, the amount by  which  the  maximum  rent  or  legal  regulated  rent  of the subsequent  dwelling unit exceeds one-third of the combined income of all members of  the household.    f. notwithstanding any other provision of law, when  a  dwelling  unit  subject  to  regulation  under the New York city rent and rehabilitation  law  or  the  rent  stabilization  law  of  the  city  of  New  York  is  reclassified  by order of the city rent agency subject to the other law,  a head of the household who held a valid senior citizen or person with a  disability  rent  increase  exemption  order  at  the   time   of   such  reclassification may be issued a rent increase exemption order under the  appropriate law continuing the exemption he would have been eligible and  entitled to, notwithstanding such reclassification of such dwelling unit  and  the  tenant  shall  be  exempt from paying the rent increase to the  extent to which he was otherwise eligible and entitled to be exempted at  the time of the increase but for the fact of  such  reclassification  of  the  dwelling  unit  including  exemption from the rent increase granted  pursuant to subparagraph (m)  of  paragraph  one  of  subdivision  g  of  section 26-405 of the administrative code of the city of New York to the  extent  that  it is not predicated upon any improvement or addition in a  category as provided for in subparagraph (d), (e), (f), (g), (h) or  (i)  of such paragraph.    (1) A head of the household who is otherwise eligible for exemption at  the  time of the rent increase and resides in a dwelling unit subject to  regulation under the emergency housing rent  control  law  or  the  rent  stabilization  law  of  the city of New York which has been reclassified  under the other law, may be issued a rent increase exemption order under  the appropriate law exempting the tenant from paying the  rent  increase  to  the  extent  to which he would have been eligible and entitled to be  exempted but for the fact of  reclassification  of  the  dwelling  units  including   exemption   from  the  rent  increase  granted  pursuant  to  subparagraph (m) of paragraph one of subdivision g of section 26-405  of  the administrative code of the city of New York to the extent that it is  not  predicated  upon  any  improvement  or  addition  in  a category as  provided for in subparagraph (d), (e), (f), (g),  (h)  or  (i)  of  such  paragraph.    (2)  Application  for  an  exemption order shall be made within ninety  days from the date of the rent increase and reclassification  or  within  ninety days of the effective date of this paragraph, whichever is later,  and  the  rent  increase  exemption  order  shall  take effect as of the  effective date of the rent increase and reclassification  including  any  retroactive increments pursuant to such rent increase.    g. notwithstanding any other provision of law to the contrary, where a  head  of  the household holds a current, valid tax abatement certificate  and, after the effective date of this paragraph, there  is  a  permanent  decrease  in  the  combined income of all members of the household in an  amount which exceeds twenty percent of such  income  as  represented  in  such  head  of  the  household's  last  approved  application  for a taxabatement certificate or for renewal thereof, such head of the household  may apply for a redetermination of the amount set  forth  therein.  Upon  application, such amount shall be redetermined so as to re-establish the  ratio  of  adjusted rent to income which existed at the time of approval  of such head of the household's last application  for  a  tax  abatement  certificate  or for renewal thereof; provided, however, that in no event  shall the amount of the adjusted rent be redetermined to be (i)  in  the  case of a head of the household who does not receive a monthly allowance  for  shelter pursuant to the social services law, less than one-third of  the combined income of all members of the household; or (ii) in the case  of a head of the household who receives a monthly allowance for  shelter  pursuant to the social services law, less than the maximum allowance for  shelter which such head of the household is entitled to receive pursuant  to  such law. For purposes of this paragraph, a decrease in the combined  income of all members of the household shall not include any decrease in  such income resulting from the manner  in  which  income  is  calculated  pursuant  to  any  amendment  to  paragraph c of subdivision one of this  section made on or after April first, nineteen hundred eighty-seven. For  purposes of this paragraph, "adjusted rent" shall mean maximum  rent  or  legal  regulated  rent  less  the  amount  set  forth in a tax abatement  certificate.    h. (1) notwithstanding any other provision  of  law,  a  head  of  the  household  who  is otherwise eligible for a senior citizen rent increase  exemption order shall be issued an order applicable to a second dwelling  unit when such person occupies two  contiguous  and  connected  dwelling  units,  both  of  which  are eligible for a senior citizen rent increase  exemption order, as a combined residence and such  person  has  occupied  and  paid  rent  for both units for at least two years. Only one head of  household  shall  be  issued  an  exemption  order  for  each   eligible  contiguous and connected dwelling units pursuant to this paragraph.    (2)  if  the  appropriate rent control agency or administrative agency  determines that there was a  material  misstatement  in  an  application  filed  by  a head of household for a second senior citizen rent increase  exemption order pursuant to this paragraph and  that  such  misstatement  provided  the basis for the granting of such second exemption order, the  rent control agency or administrative agency shall proceed to  impose  a  penalty  on  the  applicant  of  one  thousand  dollars  in  addition to  recovering the amount of any prior exemption  erroneously  granted.  For  purposes of this paragraph, "contiguous" shall mean adjacent or next to.    4.  The  head  of  the  household  must  apply  every two years to the  appropriate rent control agency  or  administrative  agency  for  a  tax  abatement  certificate  on  a  form  prescribed  by  said  agency. A tax  abatement certificate setting forth an  amount  not  in  excess  of  the  increase  in maximum rent or legal regulated rent for the taxable period  or such other amount as shall be determined under subdivision  three  of  this  section  shall  be  issued  by  said  agency  to  each head of the  household who is found to be eligible under this section  on  or  before  the  last  date  prescribed  by  law for the payment of the taxes or the  first installment thereof of any municipal corporation which has granted  an abatement of taxes. Copies of such certificate shall be issued to the  owner of the real property containing the dwelling unit of the  head  of  the  household  and  to  the collecting officer charged with the duty of  collecting the taxes of each municipal corporation which has granted the  abatement of taxes authorized by this section.    5. Eligibility. a. To qualify as a person with a  disability  for  the  purposes  of this section, an individual shall submit to the appropriate  rent control agency or administrative agency proof  sufficient  to  such  agency  that  such  individual  is  currently  receiving social securitydisability  insurance  (SSDI)  or  supplemental  security  income  (SSI)  benefits  under the federal social security act or disability pension or  disability  compensation  benefits  provided  by   the   United   States  department of veterans affairs or those previously eligible by virtue of  receiving  disability  benefits  under  the supplemental security income  program  or  the  social  security  disability  program  and   currently  receiving   medical   assistance  benefits  based  on  determination  of  disability as provided in section three hundred sixty-six of the  social  services law.    b.  Eligibility  shall  be  determined  as of a date prescribed by the  appropriate rent control agency or administrative agency pursuant to the  local law, ordinance or resolution and  such  local  law,  ordinance  or  resolution may provide for a pro rata refund of taxes paid prior to such  eligibility  date  or  a credit therefor against the next succeeding tax  periods.    6. The amount set forth  in  a  tax  abatement  certificate  shall  be  deducted  from  the  total taxes levied by or on behalf of the municipal  corporation which has granted such abatement on real property containing  the dwelling unit of a head of the household to whom the certificate has  been issued. In the event that  both  a  town  and  a  village  included  therein  grant  such abatement, such deduction for properties located in  the village shall be made first from taxes levied by or on behalf of the  village and any excess thereof shall be deducted from town taxes.    7. Upon the  vacancy  of  a  dwelling  unit  for  which  an  abatement  certificate  has  been  issued, the owner thereof shall remit a pro rata  portion of the tax abatement to the collecting officer of the  municipal  corporation which granted such abatement and any amount due by reason of  such  vacancy shall be a lien upon the property on and after the date of  such vacancy.    8. Where a tax abatement certificate has been issued to a head of  the  household  as authorized by a local law, ordinance or resolution adopted  pursuant to this section  and  the  landlord  collects  or  attempts  to  collect  all  or  part  of  the  amount  covered  by  such tax abatement  certificate, the amount  of  such  abatement  shall  be  deemed  a  rent  overcharge under the applicable rent control or rent regulation law.    9.  In a city with a population of one million or more, any such local  law, ordinance or resolution may provide  that  in  the  event  the  tax  abatement certificate authorizes an amount of deduction in excess of the  real  estate  quarterly  installment, then the balance may be applied to  any subsequent  installment  until  exhausted,  provided  that,  at  the  request of the owner, such balance shall be paid to the owner in lieu of  being  applied  to any subsequent installment, except where the owner is  in arrears in the payment of real estate taxes on any property. For  the  purposes  of  such  provision  of  any  such  local  law,  ordinance  or  resolution, where the owner is a corporation, it shall be deemed  to  be  in  arrears when any officer, director or any person holding an interest  in more than ten percent of the issued and  outstanding  stock  of  such  corporation  is  in  arrears  in the payment of real estate taxes on any  property; where title is held by a nominee, the owner shall be deemed to  be in arrears when the person for whose benefit such title is held is in  arrears in the payment of real estate taxes on any property.    * NB Effective until June 16, 2011    * § 467-b. Tax abatement for  rent  controlled  property  occupied  by  senior citizens or persons with disabilities. 1. Definitions. As used in  this section:    a.  "Dwelling  unit"  means that part of a dwelling in which a head of  the household resides and which is subject to either  emergency  housing  rent  control  law  or to rent and rehabilitation law of the city of NewYork enacted pursuant to the local law enacted  pursuant  to  the  local  emergency housing rent control law;    b.  "Head  of the household" means a person (i) who is sixty-two years  of age or older, or (ii) who qualifies as a  person  with  a  disability  pursuant  to  subdivision  five  of  this section, is not a recipient of  public assistance pursuant to the social services law and is entitled to  the possession or to the use or occupancy of a dwelling unit;    c. "Income" means income from  all  sources  after  deduction  of  all  income  and  social  security  taxes  and  includes  social security and  retirement benefits, interests, dividends, net rental income, salary  or  earnings,  and  new  income  from self-employment, but shall not include  gifts or inheritances;    d. "Income tax year" means a twelve month period for which the head of  the household filed a federal personal income tax return, or if no  such  return is filed, the calendar year;    e.  "Increase  in maximum rent" means any increase in the maximum rent  for the dwelling unit  in  question  pursuant  to  the  applicable  rent  control  law, or such classes of increase thereunder as may be specified  in a local  law,  ordinance  or  resolution  enacted  pursuant  to  this  section, over such base period rent as shall be provided therein;    f.  "Members of the household" means the head of the household and any  person, other than a bona fide roomer, boarder or subtenant who  is  not  related  to  the  head  of  the  household,  permanently residing in the  dwelling unit.    2. The  governing  body  of  any  city,  town  or  village  is  hereby  authorized  and  empowered to adopt, after public hearing, in accordance  with  the  provisions  of  this  section,  a  local  law,  ordinance  or  resolution  providing  for  the  abatement  of  taxes  of said municipal  corporation imposed on real  property  containing  a  dwelling  unit  as  defined  herein  by  an  amount  not  in  excess  of that portion of any  increase in maximum rent  which  causes  such  maximum  rent  to  exceed  one-third of the combined income of all members of the household.    3. Any such local law, ordinance or resolution shall provide that:    a.  for  a  dwelling  unit where the head of the household is a person  sixty-two years of age or older, no tax abatement shall  be  granted  if  the  combined  income of all members of the household for the income tax  year immediately preceding the date of making application exceeds  three  thousand  dollars, or such other sum not more than five thousand dollars  as may be provided by the local law,  ordinance  or  resolution  adopted  pursuant  to  this section, provided that when the head of the household  retires before the commencement of such year and the date of filing  the  application,  the  income  for  such  year  may be adjusted by excluding  salary or earnings and projecting his retirement income over the  entire  period of such year.    b.  for a dwelling unit where the head of the household qualifies as a  person with a disability pursuant to subdivision five of  this  section,  no tax abatement shall be granted if the combined income for all members  of  the  household  for  the current income tax year exceeds the maximum  income at which such head of the household  would  not  be  eligible  to  receive  cash  supplemental  security  income benefits under federal law  during such tax year.    c. upon issuance  of  a  tax  abatement  certificate  as  provided  in  subdivision four of this section, the amount of increase in maximum rent  set  forth  in said certificate shall be deducted from the legal maximum  rent chargeable for a dwelling unit of a head of the household.    4. The head of the household must apply each year to  the  appropriate  rent control agency for a tax abatement certificate on a form prescribed  by  said agency. A tax abatement certificate setting forth an amount notin excess of the increase in maximum rent for the taxable  period  shall  be  issued  by said agency to each head of the household who is found to  be eligible under this section on or before the last date prescribed  by  law for the payment of the taxes or the first installment thereof of any  city, town or village which has granted an abatement of taxes. Copies of  such  certificate  shall  be  issued  to  the owner of the real property  containing the dwelling unit of the head of the  household  and  to  the  collecting officer charged with the duty of collecting the taxes of each  city,  town  or  village  which  has  granted  the  abatement  of  taxes  authorized by this section.    5. Eligibility. a. To qualify as a person with a  disability  for  the  purposes  of this section, an individual shall submit to the appropriate  rent control agency or administrative agency proof  sufficient  to  such  agency  that  such  individual  is  currently  receiving social security  disability  insurance  (SSDI)  or  supplemental  security  income  (SSI)  benefits  under the federal social security act or disability pension or  disability  compensation  benefits  provided  by   the   United   States  department of veterans affairs or those previously eligible by virtue of  receiving  disability  benefits  under  the supplemental security income  program  or  the  social  security  disability  program  and   currently  receiving   medical   assistance  benefits  based  on  determination  of  disability as provided in section three hundred sixty-six of the  social  services law.    b.  Eligibility  shall  be  determined  as of a date prescribed by the  appropriate rent control agency pursuant to the local law, ordinance  or  resolution and such local law, ordinance or resolution may provide for a  pro rata refund of taxes paid prior to such eligibility date or a credit  therefor against the next succeeding tax periods.    6.  The portion of the increase in maximum rent for the taxable period  set forth in a tax abatement certificate  shall  be  deducted  from  the  total  taxes  levied  by or on behalf of the city, town or village which  has granted such abatement on real property containing the dwelling unit  of a head of the household to whom the certificate has been  issued.  In  the  event  that  both  a town and a village included therein grant such  abatement, such deduction for properties located in the village shall be  made first from taxes levied by or on behalf  of  the  village  and  any  excess thereof shall be deducted from town taxes.    7.  Upon  the  vacancy  of  a  dwelling  unit  for  which an abatement  certificate has been issued, the owner thereof shall remit  a  pro  rata  portion of the tax abatement to the collecting officer of the city, town  or  village which granted such abatement and any amount due by reason of  such vacancy shall be a lien upon the property on and after the date  of  such vacancy.    8.  Where a tax abatement certificate has been issued to a head of the  household as authorized by a local law, ordinance or resolution  adopted  pursuant  to  this  section  and  the  landlord  collects or attempts to  collect the increase in the maximum rent for a dwelling unit occupied by  such head of the household, the amount of such abatement shall be deemed  a rent overcharge under the applicable rent control law.    * NB Effective June 16, 2011