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

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A05235 Summary:

BILL NOA05235 

&nbsp

SAME ASSAME AS S00631

&nbsp

SPONSORReyes

&nbsp

COSPNSRRozic

&nbsp

MLTSPNSR

&nbsp

Amd §467-b, RPT L

&nbsp

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

Go to top A05235 Actions:

BILL NOA05235 

&nbsp

02/12/2025referred to aging

01/07/2026referred to aging

Go to topA05235 Committee&nbspVotes:

Go to topA05235 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05235 Text:

 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.

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