A 5235: Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling.

  
  STATE OF NEW YORK ________________________________________________________________________ 5235 2025-2026 Regular Sessions  IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. REYES, ROZIC -- read once and referred to the Committee on Aging AN ACT to amend the real property tax law, in relation to tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph g of subdivision 3 of section 467-b of the real 2 property tax law, as amended by chapter 553 of the laws of 2015, is 3 amended to read as follows: 4 g. notwithstanding any other provision of law to the contrary, where a 5 head of the household holds a current, valid tax abatement certificate 6 and, after the effective date of this paragraph, there is a permanent 7 decrease in the combined income of all members of the household in an 8 amount which exceeds twenty percent of such income as represented in 9 such head of the household's last approved application for a tax abate- 10 ment certificate or for renewal thereof, such head of the household may 11 apply for a redetermination of the amount set forth therein. Upon appli- 12 cation, such amount shall be redetermined so as to re-establish the 13 ratio of adjusted rent to income which existed at the time of approval 14 of such head of the household's last application for a tax abatement 15 certificate or for renewal thereof; provided, however, that in no event 16 shall the amount of the adjusted rent be redetermined to be (i) in the 17 case of a head of the household who does not receive a monthly allowance 18 for shelter pursuant to the social services law, less than one-third of 19 the combined income of all members of the household unless such head of 20 the household has been granted a rent increase exemption order that is 21 in effect as of January first, two thousand fifteen or takes effect on 22 or before July first, two thousand fifteen; or (ii) in the case of a 23 head of the household who receives a monthly allowance for shelter 24 pursuant to the social services law, less than the maximum allowance for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01539-01-5 
 A. 5235 2 1 shelter which such head of the household is entitled to receive pursuant 2 to such law. When a redetermination of the adjusted rent has been made 3 pursuant to this paragraph, such redetermination may, at local option, 4 be made retroactive to the date on which there was a permanent decrease 5 in the combined income of all members of the household; provided, howev- 6 er, that the look-back period for the retroactive benefit pursuant to 7 the redetermination shall be limited to the date upon which the head of 8 household filed for the most recently approved application or renewal. 9 For purposes of this paragraph, a decrease in the combined income of all 10 members of the household shall not include any decrease in such income 11 resulting from the manner in which income is calculated pursuant to any 12 amendment to paragraph c of subdivision one of this section made on or 13 after April first, nineteen hundred eighty-seven. For purposes of this 14 paragraph, "adjusted rent" shall mean maximum rent or legal regulated 15 rent less the amount set forth in a tax abatement certificate. 16 § 2. This act shall take effect immediately.