NY State Senate Bill 2015-S4752A

Senate Bill S4752A

2015-2016 Legislative Session

Relates to certain certification required for eligibility for the real property tax exemption for persons with disabilities and limited incomes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 06, 2016	advanced to third reading
Jun 02, 2016	2nd report cal.
Jun 01, 2016	1st report cal.1293
May 17, 2016	print number 4752a
May 17, 2016	amend and recommit to local government
Jan 06, 2016	referred to local government
Apr 15, 2015	referred to local government

Votes

- Jun 1, 2016 - Local Government Committee Vote
  S4752A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 1, 2016
      
      aye (9)
      
      Boyle
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Panepinto
      
      Ritchie
      
      Valesky

Bill Amendments

Original

A (Active)

2015-S4752 - Details

See Assembly Version of this Bill:: A6615
Current Committee:: Senate Rules
Law Section:: Real Property Tax Law
Laws Affected:: Amd §459-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6674
2017-2018: S888

2015-S4752 - Summary

Relates to certain certification required for eligibility for the real property tax exemption for persons with disabilities and limited incomes.

2015-S4752 - Sponsor Memo

2015-S4752 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4752

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in relation to the real prop-
  erty tax exemption for persons with disabilities and limited incomes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (i)  of  paragraph  (b) of subdivision 2 of
section 459-c of the real property tax law, as amended by chapter 265 of
the laws of 2013, is amended to read as follows:
  (i) is certified  to  receive  social  security  disability  insurance
(SSDI)  or supplemental security income (SSI) benefits under the federal
Social Security Act, or IF SUCH PERSON IS UNABLE TO OBTAIN SUCH  CERTIF-
ICATION  DUE  TO  A  LACK OF SUFFICIENT WORK CREDITS TO QUALIFY FOR SSDI
BENEFITS, A DENIAL OR DISAPPROVAL LETTER OR NOTICE OF DISAPPROVED  CLAIM
FROM  THE  SOCIAL  SECURITY ADMINISTRATION (SSA) TOGETHER WITH A MEDICAL
CERTIFICATION OF THE INDIVIDUAL'S QUALIFYING DISABILITY  PREPARED  BY  A
DULY  LICENSED  PHYSICIAN  SHALL  BE DEEMED SUFFICIENT IN LIEU OF AN SSA
CERTIFICATION, OR
  S 2. The closing paragraph of subdivision 2 of section  459-c  of  the
real property tax law, as amended by chapter 265 of the laws of 2013, is
amended to read as follows:
  An  award  letter from the Social Security Administration or the Rail-
road Retirement Board, or a certificate from the  state  commission  for
the  blind, or an award letter from the United States Postal Service, or
an award letter from the United States department  of  veterans  affairs
shall  be  submitted  as proof of disability.   IF A PERSON IS UNABLE TO
OBTAIN AN AWARD LETTER FROM THE SOCIAL SECURITY  ADMINISTRATION  DUE  TO
INSUFFICIENT  WORK  CREDITS TO QUALIFY FOR SSDI, A DENIAL OR DISAPPROVAL
LETTER OR NOTICE OF DISAPPROVED CLAIM FROM THE SOCIAL SECURITY  ADMINIS-
TRATION TOGETHER WITH A MEDICAL CERTIFICATION OF THE INDIVIDUAL'S QUALI-
FYING  DISABILITY  PREPARED BY A DULY LICENSED PHYSICIAN SHALL BE DEEMED
SUFFICIENT IN LIEU OF AN AWARD LETTER FROM THE SOCIAL SECURITY  ADMINIS-
TRATION.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09978-01-5

2015-S4752A (ACTIVE) - Details

See Assembly Version of this Bill:: A6615
Current Committee:: Senate Rules
Law Section:: Real Property Tax Law
Laws Affected:: Amd §459-c, RPT L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6674
2017-2018: S888

2015-S4752A (ACTIVE) - Summary

Relates to certain certification required for eligibility for the real property tax exemption for persons with disabilities and limited incomes.

2015-S4752A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4752A

 TITLE OF BILL :

An act to amend the real property tax law, in relation to the real
property tax exemption for persons with disabilities and limited
incomes

 PURPOSE :

Relates to certain certification required for eligibility for the real
property tax exemption for persons with disabilities and limited
incomes.

 SUMMARY OF PROVISIONS :

Section 1: Amend the closing paragraph of subdivision 2 of section
459-c of the real property tax law as amended by chapter 265 of the
law of 2013.

Section 2: Sets the effective date.

 JUSTIFICATION :

Currently, Real Property Tax Law 459-C utilizes the Social Security
Administration's certification of a "person with a disability" by

means of the issuance of an award letter as one of the conditions to
be met in order to qualify for certain real property tax abatements.
Additionally, individuals who are certified to receive Railroad
Retirement Disability benefits under the federal railroad Retirement
Act, or have received a certificate from the state commission for the
blind stating that such person is legally blind, or is certified to
receive a United States Postal Service disability pension, or is
certified to receive a United States department of veterans affairs
disability pension are deemed to meet the requirement to qualify for
the real property tax exemption for persons with disabilities and
limited incomes.

However, in the case where a disabled person has never been able to
work or has become permanently disabled prior to having been able to
meet the Social Security Administration (SSA)'s minimum work credit
threshold, the SSA will not issue the award letter required by RPTL
459-C regardless of the individual's legitimate medical condition,
since that individual would not technically qualify for SSDI benefits
due to a lack of work credits. This situation can leave a genuinely
disabled individual unable to avail themselves of the benefits
intended by the legislature.

This bill seeks to rectify this unintended consequence by adding an
exemption standard to allow individuals who lack the work credits to
qualify for SSDI to be able to apply for the real property tax
exemption for persons with disabilities and limited income. The bill
allows a person with a disability and insufficient work credits to use
a disapproved claim from the SSA with a medical certification of
disability from a physician, reviewed and certified by the workers'
compensation board, to count instead.

 LEGISLATIVE HISTORY :

S6674- referred to Local Governments

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4752A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4752--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to the real prop-
  erty tax exemption for persons with disabilities and limited incomes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The closing paragraph of subdivision 2 of section 459-c of
the  real  property  tax  law,  as amended by chapter 265 of the laws of
2013, is amended to read as follows:
  An award letter from the Social Security Administration or  the  Rail-
road  Retirement  Board,  or a certificate from the state commission for
the blind, or an award letter from the United States Postal Service,  or
an  award  letter  from the United States department of veterans affairs
shall be submitted as proof of disability.   IF A PERSON  IS  UNABLE  TO
OBTAIN  AN  AWARD  LETTER FROM THE SOCIAL SECURITY ADMINISTRATION DUE TO
INSUFFICIENT WORK CREDITS TO QUALIFY FOR SSDI, A DENIAL  OR  DISAPPROVAL
LETTER  OR NOTICE OF DISAPPROVED CLAIM FROM THE SOCIAL SECURITY ADMINIS-
TRATION TOGETHER WITH A MEDICAL CERTIFICATION OF THE INDIVIDUAL'S QUALI-
FYING DISABILITY PREPARED BY A DULY LICENSED  PHYSICIAN  AND  A  MEDICAL
CERTIFICATION  OF THE INDIVIDUAL'S QUALIFYING DISABILITY PREPARED BY THE
WORKERS' COMPENSATION BOARD SHALL BE DEEMED SUFFICIENT  IN  LIEU  OF  AN
AWARD  LETTER  FROM  THE  SOCIAL SECURITY ADMINISTRATION.   SUCH MEDICAL
CERTIFICATION OF THE INDIVIDUAL'S QUALIFYING DISABILITY AS  PREPARED  BY
THE  WORKERS' COMPENSATION BOARD PURSUANT TO THIS SUBDIVISION SHALL TAKE
INTO ACCOUNT THE RESULTS OF SUCH MEDICAL DETERMINATION OF  THE  INDIVID-
UAL'S QUALIFYING DISABILITY AS WAS PREPARED BY A DULY LICENSED PHYSICIAN
PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09978-02-6

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