File #: Res 1620-2012    Version: * Name: Allow tenants to be placed on probationary status if their income exceeds the maximum level for the Senior Citizen Rent Increase Exemption or the Disability Rent Increase Exemption in one calendar year.
Type: Resolution Status: Filed
Committee: Committee on Aging
On agenda: 12/18/2012
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass and the Governor to sign legislation that would amend the Real Property Tax Law to allow tenants to be placed on probationary status if their income exceeds the maximum level for the Senior Citizen Rent Increase Exemption or the Disability Rent Increase Exemption on one year’s income tax return.
Sponsors: Gale A. Brewer, Margaret S. Chin, Leroy G. Comrie, Jr., Daniel Dromm , Lewis A. Fidler, Vincent J. Gentile, Sara M. Gonzalez, Robert Jackson, Letitia James, Brad S. Lander, Rosie Mendez, Annabel Palma, Jumaane D. Williams, Ruben Wills, Ydanis A. Rodriguez, Jessica S. Lappin
Council Member Sponsors: 16
Res. No. 1620
 
Resolution calling upon the New York State Legislature to pass and the Governor to sign legislation that would amend the Real Property Tax Law to allow tenants to be placed on probationary status if their income exceeds the maximum level for the Senior Citizen Rent Increase Exemption or the Disability Rent Increase Exemption on one year's income tax return.
 
By Council Members Brewer, Chin, Comrie, Dromm, Fidler, Gentile, Gonzalez, Jackson, James, Lander, Mendez, Palma, Williams, Wills, Rodriguez and Lappin
 
Whereas, The Senior Citizens Rent Increase Exemption (SCRIE) Program and the Disability Rent Increase Exemption (DRIE) Program provide eligible tenants an exemption from rent increases and provide the owner of the buildings with a corresponding credit against their real estate taxes from New York City; and
Whereas, New York City tenants are eligible for the SCRIE program if the tenant or his spouse is 62 years of age or over, lives in a rent regulated apartment, has a combined household income at or below $29,000 per year, and pays at least one third of his or her income toward rent; and
Whereas, The DRIE program is modeled on the SCRIE program and extends rent increase exemptions to people with disabilities provided that such persons' annual household income is no greater than $19,860 if they live in a single-person household or $28,668 if they live in a household consisting of two or more people; and
Whereas, Once a tenant has been approved for SCRIE or DRIE he or she must file a recertification application every one to two years; and
           Whereas, If during the previous year, a tenant had a one-time income boost, such as an insurance payout, which resulted in the tenant having an income that exceeded the maximum income level for SCRIE or DRIE, he or she would no longer be eligible for the SCRIE or DRIE programs; and
Whereas, Once a tenant has been removed from the program the landlord is free to increase his or her rent; and
Whereas, If the tenant is later re-enrolled in the SCRIE or DRIE program, he or she will have to pay the increased rent amount and will only be protected from future rent increases; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass and the Governor to sign legislation that would amend the Real Property Tax Law to allow tenants to be placed on probationary status if their income exceeds the maximum level for the Senior Citizen Rent Increase Exemption or the Disability Rent Increase Exemption on one year's income tax return.
JW
LS# 3927
12/4/12