Assemblyman Fred W. Thiele, Jr. (I, D, WF, WE – Sag Harbor) announced an Assembly legislative package to strengthen anti-discrimination protections for New Yorkers with disabilities and ensure access to important resources in recognition of this year’s Legislative Disabilities Awareness Day – May 22.

“A disability should never stand in the way of any New Yorker living a life full of opportunity and equality,” said Assemblyman Thiele. “This legislative package helps ensure people with disabilities have a fair shot at success, because each and every one of us is different, but that’s never a cause for discrimination and anything less than equal treatment.”

Protecting disability rights

The Assembly legislation includes a measure to ensure that New York State employees can exercise their rights under the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938 and the Family and Medical Leave Act of 1993 A.2546.

In order to protect people with disabilities from housing discrimination, a measure clarifies that reasonable accommodation includes the use of a service animal A.7283.

“No one should ever be defined by their disability and treated with anything but respect,” said Assemblyman Thiele. “New Yorkers with disabilities take on life with immeasurable perseverance, and while most of us can’t even begin to imagine the challenges they face, we can do everything in our power to make sure they’re always supported and protected under the law.”

Providing equal access to the ballot

Consistent with its push to make voting easier and increase participation in our elections, legislation was included to make absentee ballots available in Braille or large-print for blind or visually impaired New Yorkers A.4961-B. While polling locations have already implemented these accommodations, mail-in ballots have not kept pace, preventing voters who cannot make it to the polls from exercising their right to vote independently.

“Elections are the cornerstone of democracy and it’s absolutely vital that we make sure all New Yorkers can exercise this right,” said Assemblyman Thiele.

Improving emergency preparedness and housing safety

The Assembly’s legislative package also ensures that New Yorkers with disabilities are properly protected in the event of an emergency. The measures would:

• require owners of high-rise buildings to establish an emergency evacuation plan for occupants and visitors with disabilities, update and maintain the plan as necessary and ensure the evacuation plan is available to emergency personnel A.6287; and
• require counties with local emergency management plans to maintain a confidential, voluntary registry of residents with disabilities who may need assistance or shelter during a disaster A.6865.

“When it comes to natural disasters – which we are unfortunately experiencing all too frequently these days – and other emergencies, there is no such thing as being too prepared,” said Assemblyman Thiele. “These bills will make sure that first responders can better protect and assist people with disabilities.”

Supporting veterans

To better assist veterans with service-related disabilities, the Assembly legislation includes a measure establishing the New York State Interagency Coordinating Council for Service-Disabled Veterans to identify the needs of these veterans and help them gain access to the appropriate state and local resources A.5931.

Helping New Yorkers with disabilities stay in their communities

The Assembly package includes two measures to provide tax credits for homeowners who make their homes more accessible for people with disabilities. The first tax credit would be available to homeowners who retrofit their homes with qualified improvements, such as no-step entrances and grab bars in bathrooms A.5333. The tax credit would be equal to 30 percent of retrofitting expenditures up to $5,000. The second tax credit would be available to those who renovate a residence or newly construct one with universal visitability design features A.5950-A. Making changes like these would also help people with disabilities and seniors remain in their homes, instead of having to move to expensive assisted-living facilities or institutional settings, noted Assemblyman Thiele.

In addition, the legislative package also seeks to improve access to trust programs that can help people with disabilities get the care they need and stay in their homes. The bills would:

• allow individuals with disabilities to exclude Medicaid Supplemental Needs Trusts (SNTs) without having to file a petition with a court from the medical assistance eligibility determination A.6743; and
• require the state Department of Health to provide eligible individuals with information regarding the excess income trust program, which allows individuals to be eligible for medical assistance A.5175-A.

“Trust programs can help people with disabilities who receive Medicaid remain in their communities surrounded by friends and family, forgoing the need for more expensive care options,” said Assemblyman Thiele.