Add §26-605.2, NYC Ad Cd; amd §§467-b & 467-c, RPT L
Requires certain agencies and individuals to provide notice regarding the rent increase exemption for low income elderly persons and persons with disabilities programs to tenants upon the occurrence of certain events.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1863B
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the administrative code of the city of New York and the
real property tax law, in relation to notice regarding the rent increase
exemption for low income elderly persons and persons with disabilities
programs
PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to notice regarding the rent increase exemption for
low income elderly persons and persons with disabilities programs.
SUMMARY OF PROVISIONS:
Section one of the bill would amend the administrative code of the city
of New York by adding a new section 26-605.2. This would require tenants
to be provided with a notice regarding potential eligibility for a rent
increase exemption pursuant to sections 467-b and 467-c of the real
property tax law. The state commissioner of housing and community
renewal would provide notice to a tenant in the event of a receipt of an
application for a rent adjustment due to a major capital improvement, a
rent increase pursuant to section thirty-one of the private housing
finance law, and for dwelling units when a maximum base rent adjustment
is made. The landlord of a dwelling unit would provide notice with an
initial lease and any renewal lease, and upon the annual registration of
a housing accommodation.
Section two would amend subparagraph two of paragraph i of subdivision
three of section 467-b of the real property tax law.
Section three would amend subdivision three of section 467-c of the real
property tax law by adding a new paragraph e.
Section four would establish the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B-print amendments would require the notice to conspicuously display
the eligibility requirements for the rent increase exemption and the
website address and telephone number where more information may be
obtained.
JUSTIFICATION:
The Senior Citizen Rent Increase Exemption (SCRIE) and Disability Rent
Increase Exemption (DRIE) programs, collectively known as the Rent
Freeze programs, freeze the rent of eligible senior citizens or disabled
individuals who are over the age of 65 or have a qualifying disability,
have an annual income of $50,000 or less, live in a rent-stabilized,
rent-controlled or other eligible affordable housing unit and spend a
third of their household income or more on their rent. Together, these
programs have helped thousands of vulnerable tenants who live on low,
fixed incomes remain in their homes.
Despite their efficacy, the Rent Freeze programs remain woefully under-
subscribed. According to a report by former New York City Comptroller
Stringer, only 49% of all eligible individuals are enrolled in SCRIE or
DRIE. The report estimated that more than 121,000 seniors and just under
35,000 disabled individuals were eligible but not enrolled in SCRIE or
DRIE respectively. The number of working seniors in New York City grew
by 62% between 2005 and 2015. Providing seniors and people with disabil-
ities with rent increase relief will help them to stay in their homes
and to spend their golden years relaxing instead of worrying about how
they are going to pay their bills.
This legislation will help increase enrollment in the SCRIE and DRIE
programs by requiring agencies of New York City and New York State that
regularly and officially interact with tenants regarding their leases to
provide tenants with notification of their potential eligibility for
SCRIE and DRIE.
LEGISLATIVE HISTORY:
2025-26: A.1863 - Referred to Aging; S.561 - Passed Senate
2023-24: A.679 - Referred to Aging; S.429 - Reported to Finance
2021-22: A.719 - Referred to Aging; S.512 - Referred to Housing,
Construction and Community Development
2019-20: A.7730 - Referred to Aging; S.6210 - Referred to Housing,
Construction and Community Development
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act would take effect on the thirtieth day after it would have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date would be authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
1863--B
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL, REYES -- read once and referred to the
Committee on Aging -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the administrative code of the city of New York and the
real property tax law, in relation to notice regarding the rent
increase exemption for low income elderly persons and persons with
disabilities programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 26-605.2 to read as follows:
3 § 26-605.2 Required notice. (a) A tenant residing in a dwelling unit
4 subject to the provisions of this chapter shall be furnished a notice
5 informing such tenant about the tenant's potential eligibility for a
6 rent increase exemption pursuant to this chapter and sections four
7 hundred sixty-seven-b and four hundred sixty-seven-c of the the real
8 property tax law. The form and content of such notice shall be promul-
9 gated as required by paragraph i of subdivision three of section four
10 hundred sixty-seven-b of the real property tax law, provided that such
11 notice shall clearly and conspicuously display the eligibility require-
12 ments for the rent increase exemption and the website address and tele-
13 phone number where tenants may obtain more information.
14 (b) The notice required by subdivision (a) of this section shall be
15 furnished by the following agencies or individuals at the same time as
16 the notice required by the occurrence of the following events:
17 (1) The state commissioner of housing and community renewal shall
18 provide such notice to a tenant in the event of:
19 (i) Receipt of an application for a rent adjustment due to a major
20 capital improvement;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01748-04-5
A. 1863--B 2
1 (ii) A rent increase pursuant to section thirty-one of the private
2 housing finance law;
3 (iii) Receipt of the annual certification required by section thirty-
4 one of the private housing finance law; and
5 (iv) For dwelling units subject to chapter three of this title, a
6 maximum base rent adjustment pursuant to paragraph one of subdivision g
7 of section 26-405 of this title.
8 (2) The landlord of a dwelling unit shall provide such notice to a
9 tenant:
10 (i) With an initial lease and any renewal lease; and
11 (ii) Upon the annual registration of a housing accommodation as
12 required by section 26-517 of this title.
13 (c) When notice is furnished pursuant to paragraph one of subdivision
14 (b) of this section, such notice shall include specific information as
15 to the agency providing such notice.
16 § 2. Subparagraph 2 of paragraph i of subdivision 3 of section 467-b
17 of the real property tax law, as added by chapter 424 of the laws of
18 2015, is amended to read as follows:
19 (2) (A) a landlord of any housing accommodation subject to provisions
20 of the local emergency housing rent control act, the emergency tenant
21 protection act of nineteen seventy-four or any local laws enacted pursu-
22 ant thereto, the emergency housing rent control law or the rent stabili-
23 zation law of nineteen hundred sixty-nine shall, at least once annually,
24 including with a new lease and all renewal leases and upon the annual
25 registration of a housing accommodation as required by section 26-517 of
26 the administrative code of the city of New York delivered to the occu-
27 pant of such accommodation, provide the informational material describ-
28 ing eligibility for and the benefits of the senior citizen rent increase
29 exemption program and the disability rent increase exemption program, as
30 provided by the entity administering the program pursuant to subpara-
31 graph one of this paragraph.
32 (B) The notice required by clause (A) of this subparagraph shall be
33 furnished by the state commissioner of housing and community renewal to
34 a tenant at the same time as:
35 (i) Receipt of an application for a rent adjustment due to a major
36 capital improvement;
37 (ii) A rent increase pursuant to section thirty-one of the private
38 housing finance law;
39 (iii) Receipt of the annual certification required by section thirty-
40 one of the private housing finance law; and
41 (iv) For dwelling units subject to chapter three of title twenty-six
42 of the administrative code of the city of New York, a maximum base rent
43 adjustment pursuant to paragraph one of subdivision g of section 26-405
44 of the administrative code of the city of New York.
45 (C) When notice is furnished pursuant to clause (B) of this subpara-
46 graph, such notice shall include specific information as to the agency
47 providing such notice.
48 § 3. Subdivision 3 of section 467-c of the real property tax law is
49 amended by adding a new paragraph e to read as follows:
50 e. (1) Notwithstanding any provision of law to the contrary, a tenant
51 residing in a dwelling unit subject to the provisions of this section
52 shall be furnished a notice informing such tenant about the tenant's
53 potential eligibility for a rent increase exemption pursuant to this
54 section. The form and content of such notice shall be promulgated as
55 required by paragraph i of subdivision three of section four hundred
56 sixty-seven-b of this title.
A. 1863--B 3
1 (2) The notice required by subparagraph one of this paragraph shall be
2 furnished by the following agencies or individuals at the same time as
3 the notice required by the occurrence of the following events:
4 (A) The state commissioner of housing and community renewal shall
5 provide such notice to a tenant in the event of:
6 (i) Receipt of an application for a rent adjustment due to a major
7 capital improvement;
8 (ii) A rent increase pursuant to section thirty-one of the private
9 housing finance law;
10 (iii) Receipt of the annual certification required by section thirty-
11 one of the private housing finance law; and
12 (iv) For dwelling units subject to chapter three of title twenty-six
13 of the administrative code of the city of New York, a maximum base rent
14 adjustment pursuant to paragraph one of subdivision g of section 26-405
15 of the administrative code of the city of New York.
16 (B) The landlord of a dwelling unit shall provide such notice to a
17 tenant:
18 (i) With an initial lease and any renewal lease; and
19 (ii) Upon the annual registration of a housing accommodation as
20 required by section 26-517 of the administrative code of the city of New
21 York.
22 (3) When notice is furnished pursuant to clause (A) of subparagraph
23 two of this paragraph, such notice shall include specific information as
24 to the agency providing such notice.
25 § 4. This act shall take effect on the thirtieth day after it shall
26 have become a law. Effective immediately, the addition, amendment
27 and/or repeal of any rule or regulation necessary for the implementation
28 of this act on its effective date are authorized to be made and
29 completed on or before such effective date.
