It is the intention of the Board of Trustees of the Village
to enact a partial exemption from real property taxes pursuant to
Real Property Tax Law § 459-c.
For purposes of this article, the following shall be defined
as follows:
PERSON WITH A DISABILITY
A.
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, working, and who:
(1)
Is certified to receive social security disability insurance
(SSDI) or supplemental security income (SSI) benefits under the federal
Social Security Act; or
(2)
Is certified to receive railroad retirement disability benefits
under the federal Railroad Retirement Act; or
(3)
Has received a certificate from the state commission for the
blind and visually handicapped stating that such person is legally
blind; or
(4)
Is certified to receive a United States Postal Service disability
pension.
B.
An award letter from the Social Security Administration or the
Railroad Retirement Board, a certificate from the State Commission
for the Blind and Visually Handicapped or an award letter from the
United States Postal Service shall be submitted as proof of disability.
SIBLING
A brother or a sister, whether related through half blood,
whole blood or adoption.
Any exemption provided by this article shall be computed after
all other partial exemptions allowed by law, excluding the school
tax relief (STAR) exemption authorized by § 425 of the Real
Property Tax 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 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 real property for the income tax year immediately preceding the
date of making application for exemption exceeds the sums provided
for in 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 the
title is vested in either the husband or 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 from the sale or exchange of a capital asset
which may be offset by a loss from the sale or exchange 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 deprecation deduction shall be allowed for
the exhaustion, wear and tear of real or personal property held for
the production of income.
B. Unless the real property is used exclusively for residential purposes;
provided, however, that in the event any portion of such property
not so used exclusively for residential purposes but is used for other
purposes, such portion shall be subject to taxation and the remaining
portion only 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 § 2801 of the Public Health Law, provided that any income
accruing to that 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.
Notwithstanding any other provision of law to the contrary,
the provisions of this article shall apply to real property held in
trust solely for the benefit of a person or persons who would otherwise
be eligible for a real property tax exemption, pursuant to this article,
were such person or persons the owner or owners of such real property.
This article shall apply to assessment rolls on the basis of
taxable status dates occurring on or after January 1, 2023, and each
year thereafter.