[Adopted 5-16-2022 by L.L. No. 6-2022[1]]
[1]
Editor's Note: This local law also provided for the redesignation of former §§ 235-37 and 235-38 of Art. VI as §§ 235-45 and 235-46, respectively.
Real property owned by one or more persons with disabilities, or real property owned by a husband, wife, or both, or by siblings, at least one of whom has a disability, and whose income, as hereinafter defined, is limited by reason of such disability, shall be exempt from taxation by the Village of East Aurora, as authorized by § 459-c of the New York Real Property Tax Law, to the extent of 50% of the assessed valuation thereof as hereinafter provided.
To be eligible for the exemption of this article, the maximum income of such person shall not exceed $32,400. Real property owned by one or more persons with disabilities, or real property owned by a husband and wife, or both, or by siblings, at least one of whom has a disability, and whose income, as hereafter defined, is limited by reason of such disability, shall be exempt from taxation by the Village of East Aurora to the extent provided in the following table:
Annual Income
Percentage of Assessed Valuation Exempt from Taxation
Up to $24,000
50%
More than $24,000 but less than $25,000
45%
$25,000 or more, but less than $26,000
40%
$26,000 or more, but less than $27,000
35%
$27,000 or more, but less than $27,900
30%
$27,900 or more, but less than $28,800
25%
$28,800 or more, but less than $29,700
20%
$29,700 or more, but less than $30,600
15%
$30,600 or more, but less than $31,500
10%
$31,500 or more, but less than $32,400
5%
As used in this article, the following words shall have the following meanings:
PERSON WITH A DISABILITY
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 working; and who is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) under the Federal Social Security Act or is certified to receive railroad retirement disability benefits under the Federal Railroad Retirement Act or has received a certificate from the New York State Commission for the Blind and Visually Handicapped stating that such person is legally blind. An award letter from the Social Security Administration or the Railroad Retirement Board or the New York State Commission for the Blind and Visually Handicapped shall be submitted as proof of disability.
SIBLING
A brother or a sister, whether related through whole blood, half blood or adoption.
Any exemption provided by this article shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed; provided, however, that no parcel may receive an exemption for the same municipal tax purpose pursuant to both this article and § 467 of the New York Real Property Tax Law.
No exemption shall be granted:
A. 
If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the limits provided in §§ 235-37 and 235-38 of this article. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum, except where the husband or wife, or ex- husband or ex-wife, is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain or loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment but shall not include a return of capital, gifts, inheritances, or monies earned through employment in the federal foster grandparent program. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of personal property held for the production of income.
B. 
Unless the property is used exclusively for residential purposes; provided, however that in the event any portion of such property is not so used exclusively for residential purposes but is used for other purposes, such portion shall be subject to taxation, and the remaining portion shall be entitled to the exemption provided by this article.
C. 
Unless the real property is the legal residence of and is occupied in whole or in part by the disabled person; except where the disabled person is absent from the residence while receiving health-related care as an inpatient of a residential health-care facility, as defined in § 2800 of the Public Health Law, provided that any income accruing to the person shall be considered income for purposes of this article only to the extent that it exceeds the amount paid by such person or spouse or sibling of such person for care in the facility.
A. 
Title to that portion of real property owned by a cooperative apartment corporation in which a tenant-stockholder of such corporation resides, and which is represented by his share or shares in such corporation as determined by its or their proportional relationship to the total outstanding stock of the corporation, including that owned by the corporation, shall be deemed to be vested in such tenant-stockholder.
B. 
That proportion of the assessment of such real property owned by a cooperative apartment corporation determined by the relationship of such real property vested in such tenant-stockholder to such entire parcel and the buildings thereon owned by such cooperative apartment corporation in which such tenant-stockholder resides shall be subject to exemption from taxation pursuant to this article, and the exemption so granted shall be credited against the assessed valuation of such real property; the reduction in real property taxes realized thereby shall be credited by the cooperative apartment corporation against the amount of such taxes otherwise payable by or chargeable to such tenant-stockholder.
Application for such exemption shall be made annually by the owner, or all of the owners, of the property, on forms prescribed by the State Board, and shall be filed in the appropriate Assessor's office on or before the appropriate taxable status date; provided, however, that proof of a permanent disability need be submitted only in the year exemption pursuant to this article is first sought or the disability is first determined to be permanent.
At least 60 days' prior to the appropriate taxable status date, the Assessor shall mail to each person who was granted exemption pursuant to this article on the latest completed assessment roll an application form and notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to continue to be granted. Failure to mail such application form or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes owed by such person.