STATE OF NEW YORK ________________________________________________________________________

7452

2021-2022 Regular Sessions

IN ASSEMBLY

May 10, 2021 ___________

Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Aging

AN ACT to amend the real property tax law, in relation to expanding eligibility for tax abatement for rent-controlled and rent regulated property occupied by 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 a of subdivision 5 of section 467-b of the real 2 property tax law, as amended by chapter 392 of the laws of 2016, is 3 amended to read as follows: 4 a. To qualify as a person with a disability for the purposes of this 5 section, an individual shall submit to the appropriate rent control 6 agency or administrative agency: (1) proof sufficient to such agency 7 that such individual is currently receiving (i) social security disabil- 8 ity insurance (SSDI), (ii) supplemental security income (SSI) benefits 9 under the federal social security act, (iii) disability pension or disa- 10 bility compensation benefits provided by the United States department of 11 veterans affairs, (iv) disability pension or disability compensation 12 benefits provided by the United States Postal Service, or (v) those 13 previously eligible by virtue of receiving disability benefits under the 14 supplemental security income program or the social security disability 15 program and currently receiving medical assistance benefits based on 16 determination of disability as provided in section three hundred sixty- 17 six of the social services law; or (2) a certification (i) by the indi- 18 vidual that the individual does not meet the non-medical qualifications 19 for SSDI and SSI but, by reason of the individual's disability, the 20 individual is not able to engage in substantial gainful activity, as 21 defined in 20 CFR 404.1572, and (ii) by the individual's healthcare 22 provider that the individual has a severe disability that prevents the 23 individual from engaging in substantial gainful activity, as defined in 24 20 CFR 404.1572. 25 § 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10155-03-1