NY State Senate Bill S8218

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to real property taxation delivered to assembly passed senate
May 25, 2022	ordered to third reading cal.1557 committee discharged and committed to rules
Feb 02, 2022	referred to local government

Votes

S8218 (ACTIVE) - Details

See Assembly Version of this Bill:: A10395
Law Section:: Real Property Tax Law
Laws Affected:: Amd §459-c, RPT L
Versions Introduced in 2023-2024 Legislative Session:: S2574, A7164

S8218 (ACTIVE) - Summary

Permits a claimant to submit an order determining compensation from the workers' compensation board as proof of disability for purposes of real property tax exemptions.

S8218 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8218

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to tax exemptions
for persons with disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To include workers compensation certifications of disability as proof of
disability for disabled homeowners property tax exemption programs.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph (b) of subdivision two of section 459-c of
the Real Property Tax Law to include workers compensation award letters
for either total or partial permanent disability in the list of docu-
ments which may be used to prove disability for applicants of disabled
homeowners exemption programs.

Section two sets the effective date.

 
JUSTIFICATION:

Article 4 of the Real Property Tax Law creates various exemption and
abatement programs property owners may use to reduce tax liability,
based on either characteristics of the property owner, such as limited
income, or of the property, such as green retrofits. One of the
programs, called "exemptions for persons with disabilities", helps prop-
erty owners reduce the assessed value of their properties by up to 50%
if a locality opts in. This program is known as the Disabled Homeowners'
Exemption (DHE) in New York City and can be claimed for gross household
incomes up to $58,399.

Chapter 315 of 1997, which first created DHE programs, lists a range of
documents which may be submitted by property owners to prove disability,
such as an award letter from the Social Security Administration for
Social Security Disability Insurance (SSDI) or Supplemental Security
Income (SSI), an award letter from the federal Railroad Retirement Board
certifying railroad retirement disability benefits, or a certificate
from the State Commission for the Blind and Visually Handicapped stating
that the applicant is legally blind. This list was later amended with
Chapter 421 of 2000, which added award letters from the United States
Postal Service (USPS) for a USPS disability pension, and later Chapter
353 of 2009, which added award letters from the US Department of Veter-
ans Affairs for veterans disability pensions. The list has not been
updated since.

This bill adds certifications of disability from the Workers Compen-
sation Board to the list of acceptable documents which may be submitted
to prove disability. Applicants for workers compensation benefits under-
go a rigorous process, which includes submitting proof of medical treat-
ment as well as details of the work-related accident, defending the
claim if the insurer (either a private employer or the NYS Insurance
Fund for public sector) chooses to dispute the claim, attending hearings
where a judge reviews medical records and wages, and if necessary,
filing an appeal. Workers deemed partially or totally permanently disa-
bled at the end of this process have been found by medical experts as
well as the Workers Compensation Board to have permanently lost some or
all wage-earning capacity. There is no reason why the list of acceptable
documents by which a homeowner may prove disability, last updated more
than a decade ago, should not be amended to include such determinations.

By updating the list of proofs of disability while retaining all exist-
ing requirements for DHE programs, this bill will help disabled homeown-
ers unable to afford sky-high property taxes keep a roof over their
heads. While low- to middle-income homeowners in localities such as New
York City deserve sweeping property tax reform to upend an antiquated,
opaque, and deeply unjust system, a small step such as easing the admin-
istrative process by which they may receive property tax exemptions will
provide immediate, much-needed relief.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

S8218 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8218
 
                             I N  S E N A T E
 
                             February 2, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 tax exemptions
   for persons with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) and 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, are amended to read as follows:
   (b) a person with a disability is one who has  a  physical  or  mental
 impairment, not due to current use of alcohol or illegal drug use, which
 substantially  limits  such  person's  ability  to engage in one or more
 major life activities, such as caring for one's self, performing  manual
 tasks, walking, seeing, hearing, speaking, breathing, learning and work-
 ing,  and  who  (i)  is  certified to receive social security disability
 insurance (SSDI) or supplemental security income  (SSI)  benefits  under
 the  federal  Social Security Act, or (ii) is certified to receive Rail-
 road Retirement Disability benefits under the federal  railroad  Retire-
 ment  Act, or (iii) has received a certificate from the state commission
 for the blind stating that such person is  legally  blind,  or  (iv)  is
 certified  to receive a United States Postal Service disability pension,
 or (v) is certified to receive a United States  department  of  veterans
 affairs  disability  pension  pursuant  to  38 U.S.C. §1521, OR (VI) HAS
 RECEIVED AN ORDER FROM THE CHAIR  OF  THE  WORKERS'  COMPENSATION  BOARD
 PURSUANT TO ARTICLE TWO OF THE WORKERS' COMPENSATION LAW  DETERMINING AN
 AWARD  FOR  COMPENSATION FOR PERMANENT TOTAL DISABILITY, AS SUCH TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION FIFTEEN OF  THE  WORKERS'  COMPEN-
 SATION  LAW, OR OF PERMANENT PARTIAL DISABILITY, AS SUCH TERM IS DEFINED
 IN SUBDIVISION THREE OF SUCH SECTION FIFTEEN.
   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,
 OR AN ORDER OF DETERMINATION OF AN AWARD FOR COMPENSATION FOR  PERMANENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14551-01-2
 S. 8218                             2
 
 TOTAL  DISABILITY OR OF PERMANENT PARTIAL DISABILITY ISSUED BY THE WORK-
 ERS' COMPENSATION BOARD shall be submitted as proof of disability.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S8218

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

May 25, 2022 - Rules committee Vote

Rules Committee Vote: May 25, 2022

S8218 (ACTIVE) - Details

S8218 (ACTIVE) - Summary

S8218 (ACTIVE) - Sponsor Memo

S8218 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8218

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Sponsored By

Andrew Gounardes

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

May 25, 2022 - Rules committee Vote

Rules Committee Vote: May 25, 2022

S8218 (ACTIVE) - Details

S8218 (ACTIVE) - Summary

S8218 (ACTIVE) - Sponsor Memo

S8218 (ACTIVE) - Bill Text download pdf

Comments