[Adopted 12-7-2001 by L.L. No. 16-2001]
Section 459-c of the Real Property Tax Law of
the State of New York gives local governments and public school districts
the option of granting a reduction in the amount of property taxes
paid by qualifying persons with disabilities.
As used in this article, the following terms
shall have the meanings indicated:
A person 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 of the following:
talking, walking, seeing, hearing, speaking, breathing, learning and
working; 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 Railroad
Retirement Disability benefits under the federal Railroad Retirement
Act, or (iii) has received a certificate from the state commission
for the blind and visually handicapped stating that such person is
legally blind, or (iv) is certified to receive a United States Postal
Service disability pension.
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 the application for the exemption. "Income" shall include
social security and retirement benefits, interest, dividends, total
gain 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 and any such income shall be offset by all medical
and prescription drug expenses actually paid which were not covered
by insurance. In computing net rental income and net income from self-employment,
no depreciation deduction shall be allowed for the exhaustion, wear
and tear of real or personal property held for the production of income.
An award letter from the Social Security Administration
or the Railroad Retirement Board, or 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.
In order to be eligible for this exemption,
the real property must be the legal residence of and occupied by the
disabled person and the property must be used in whole or in part
for residential purposes. Should the property be used for purposes
in addition to residential, only that portion of the property used
exclusively for residential purposes shall be entitled to this exemption.
[Amended 5-7-2004 by L.L. No. 7-2004]
The income scale for persons qualifying for
this exemption shall be as per resolution adopted by the Town Board,
and amended from time to time.
This article shall apply to assessment rolls
prepared on the basis of taxable status dates occurring on or after
the first day of January next succeeding the date on which this act
shall become law.
