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: A679
SPONSOR: Rosenthal L 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:
This bill relates to notice regarding the rent increase exemption for
low income elderly persons and persons with disabilities programs.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the administrative code of the city of New York by
adding a new section 26605.2.
Section two amends subdivision three of section 467-b of the real prop-
erty tax law by adding a new paragraph j.
Section three amends subdivision three of section 467-c of the real
property tax law by adding a new paragraph e.
Section four sets forth the effective date.
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 were eligible but not enrolled in SCRIE or DRIE respec-
tively. The number of working seniors in New York City grew by 62%
between 2005 and 2015. Providing seniors and people with disabilities
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:
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:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law; provided, however, that the amendments to section 467-b of
the real property tax law made by section two of this act shall not
affect the expiration of such section and shall expire therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and implemented on or
before such effective date.
STATE OF NEW YORK
________________________________________________________________________
679
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Aging
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 his or her potential eligibility for a rent
6 increase exemption pursuant to this chapter and the real property tax
7 law. The form and content of such notice shall be promulgated by the
8 commissioner of finance and shall include the statement:
9 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
10 OVER OR DISABLED, HAVE AN ANNUAL HOUSEHOLD INCOME OF $50,000 OR LESS AND
11 PAY MORE THAN ONE-THIRD OF YOUR INCOME TOWARD YOUR RENT. FOR MORE INFOR-
12 MATION ABOUT YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL 311 OR
13 VISIT (INSERT URL OF THE CURRENT WEBSITE OF THE AGENCY DESIGNATED)."
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;
21 (ii) A rent increase pursuant to section thirty-one of the private
22 housing finance law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00697-01-3
A. 679 2
1 (iii) Receipt of the annual certification required by section thirty-
2 one of the private housing finance law; and
3 (iv) For dwelling units subject to chapter three of this title, a
4 maximum base rent adjustment or heating fuel cost adjustment pursuant to
5 paragraph one of subdivision g of section 26-405 of this title.
6 (2) The commissioner of housing preservation and development shall
7 provide such notice to a tenant when a lease rider is required by 9
8 NYCRR 2522.5(e)(2) for a lease containing an escalator clause providing
9 for an annual or other periodic 2.2 percent rent increase for buildings
10 receiving benefits pursuant to section four hundred twenty-one-a of the
11 real property tax law.
12 (3) The landlord of a dwelling unit shall provide such notice to a
13 tenant:
14 (i) With an initial lease and any renewal lease; and
15 (ii) Upon the annual registration of a housing accommodation as
16 required by section 26-517 of this title.
17 (c) When notice is furnished pursuant to paragraph one or two of
18 subdivision (b) of this section, such notice shall include specific
19 information as to the agency providing such notice.
20 § 2. Subdivision 3 of section 467-b of the real property tax law is
21 amended by adding a new paragraph j to read as follows:
22 j. (1) notwithstanding any provision of law to the contrary, a tenant
23 residing in a dwelling unit subject to the provisions of this section
24 shall be furnished a notice informing such tenant about his or her
25 potential eligibility for a rent increase exemption pursuant to this
26 section. The form and content of such notice shall be promulgated by
27 the state commissioner of taxation and finance and shall include the
28 statement:
29 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
30 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN
31 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT
32 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF
33 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF
34 THE AGENCY DESIGNATED)."
35 (2) The notice required by subparagraph one of this paragraph shall be
36 furnished by the following agencies or individuals at the same time as
37 the notice required by the occurrence of the following events:
38 (A) The state commissioner of housing and community renewal shall
39 provide such notice to a tenant in the event of:
40 (i) Receipt of an application for a rent adjustment due to a major
41 capital improvement;
42 (ii) A rent increase pursuant to section thirty-one of the private
43 housing finance law;
44 (iii) Receipt of the annual certification required by section thirty-
45 one of the private housing finance law; and
46 (iv) For dwelling units subject to chapter three of title twenty-six
47 of the administrative code of the city of New York, a maximum base rent
48 adjustment or heating fuel cost adjustment pursuant to paragraph one of
49 subdivision g of section 26-405 of the administrative code of the city
50 of New York.
51 (B) The commissioner of housing preservation and development shall
52 provide such notice to a tenant when a lease rider is required by 9
53 NYCRR 2522.5(e)(2) for a lease containing an escalator clause providing
54 for an annual or other periodic 2.2 percent rent increase for buildings
55 receiving benefits pursuant to section four hundred twenty-one-a of this
56 title.
A. 679 3
1 (C) The landlord of a dwelling unit shall provide such notice to a
2 tenant:
3 (i) With an initial lease and any renewal lease; and
4 (ii) Upon the annual registration of a housing accommodation as
5 required by section 26-517 of the administrative code of the city of New
6 York.
7 (3) When notice is furnished pursuant to item (i) or (ii) of clause
8 (A) of subparagraph two of this paragraph, such notice shall include
9 specific information as to the agency providing such notice.
10 § 3. Subdivision 3 of section 467-c of the real property tax law is
11 amended by adding a new paragraph e to read as follows:
12 e. (1) Notwithstanding any provision of law to the contrary, a tenant
13 residing in a dwelling unit subject to the provisions of this section
14 shall be furnished a notice informing such tenant about his or her
15 potential eligibility for a rent increase exemption pursuant to this
16 section. The form and content of such notice shall be promulgated by
17 the state commissioner of taxation and finance and shall include the
18 statement:
19 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
20 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN
21 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT
22 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF
23 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF
24 THE AGENCY DESIGNATED)."
25 (2) The notice required by subparagraph one of this paragraph shall be
26 furnished by the following agencies or individuals at the same time as
27 the notice required by the occurrence of the following events:
28 (A) The state commissioner of housing and community renewal shall
29 provide such notice to a tenant in the event of:
30 (i) Receipt of an application for a rent adjustment due to a major
31 capital improvement;
32 (ii) A rent increase pursuant to section thirty-one of the private
33 housing finance law;
34 (iii) Receipt of the annual certification required by section thirty-
35 one of the private housing finance law; and
36 (iv) For dwelling units subject to chapter three of title twenty-six
37 of the administrative code of the city of New York, a maximum base rent
38 adjustment or heating fuel cost adjustment pursuant to paragraph one of
39 subdivision g of section 26-405 of the administrative code of the city
40 of New York.
41 (B) The landlord of a dwelling unit shall provide such notice to a
42 tenant:
43 (i) With an initial lease and any renewal lease; and
44 (ii) Upon the annual registration of a housing accommodation.
45 (3) When notice is furnished pursuant to clause (A) of subparagraph
46 two of this paragraph, such notice shall include specific information as
47 to the agency providing such notice.
48 § 4. This act shall take effect on the thirtieth day after it shall
49 have become a law. Effective immediately, the addition, amendment
50 and/or repeal of any rule or regulation necessary for the implementation
51 of this act on its effective date are authorized to be made and
52 completed on or before such effective date.
