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S4752Senate2015-2016 SessionSame asA6615

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

Sponsor George AmedoreSD-46Affects Local Government
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Who cares

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Sponsors

Primary sponsor
George Amedore

Senator · Senate District 46

Chair, Alcoholism And Drug Abuse

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1293
  5. Print number 4752a
  6. Amend and recommit to local government
  7. Referred to local government
  8. Referred to local government

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.