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 hereafter defined, is limited by reasons of such disability, shall
be exempt from taxation by the Town/Village of East Rochester to the
extent of 50% of the assessed valuation thereof.
[Last amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
No exemption shall be granted:
A. Unless:
(1) 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 is less than the maximum
allowable limit as stipulated in the schedule; such real property
shall be exempt to the extent provided in the following schedule for
the 2010 assessment roll and beyond:
Annual Income
|
Percentage of Assessed Valuation Exempt
from Taxation
|
---|
Less than $29,000
|
50%
|
$29,000 to $29,999.99
|
45%
|
$30,000 to $30,999.99
|
40%
|
$31,000 to $31,999.99
|
35%
|
$32,000 to $32,899.99
|
30%
|
$32,900 to $33,799.99
|
25%
|
$33,800 to $34,699.99
|
20%
|
$34,700 to $35,599.99
|
15%
|
$35,600 to $36,499.99
|
10%
|
$36,500 to $37,400
|
5%
|
(2) "Income tax year" shall mean the twelve-month period
for which the owner or owners filed a personal income tax return or,
if no such return is filed, the calendar year. Where title is vested
in either the husband or wife, their combined income may not exceed
such sum, except that 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 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 or inheritances, nor moneys 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 reimbursed or paid for by insurance. In computing net
rental income and net income from self-employment, no depreciation
deduction shall be allowed for the exhaustion or wear and tear of
real or personal property held for the production of income.
B. Unless the property is used exclusively for residential
purposes; provided, however, that in the event that 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 only shall be entitled to the exemption
provided for herein.
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 section 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Applications for such exemption must be made
annually by the owner or all of the owners of the property, on forms
prescribed by the Commissioner of Taxation and Finance, and shall
be filed in the 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 a 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 on property
owned by such person.