[Adopted 1-7-1998 by L.L. No. 1-1998]
This article shall be known as the "Rensselaer City Disabled
Homeowner Tax Exemption Law."
[Amended 1-17-2001 by L.L. No. 1-2001; 5-20-2020 by L.L. No. 3-2020]
Effective as hereinafter provided, there shall be an exemption
from taxation for general City purposes to the extent of the percentage
of assessed evaluation provided in the following schedule, determined
by the maximum income exemption eligibility level also provided in
the following schedule up to a maximum of 50% of the assessed valuation
of real property owned by one or more persons with disabilities, at
least one of whom has a disability, and whose income, as hereinafter
defined, is limited by reason of such disability:
|
Annual Income
|
Percentage of Assessed Valuation Exempt from Taxation
|
|---|---|
|
$29,000 or less
|
50%
|
|
More than $29,001 but less than $30,001
|
45%
|
|
$30,001 or more but less than $31,001
|
40%
|
|
$31,001 or more but less than $32,001
|
35%
|
|
$32,001 or more but less than $32,901
|
30%
|
|
$32,901 or more but less than $33,801
|
25%
|
|
$33,801 or more but less than $34,701
|
20%
|
|
$34,701 or more but less than $35,601
|
15%
|
|
$35,601 or more but less than $36,501
|
10%
|
|
$36,501 or more but less than $37,401
|
5%
|
As used in this article, the following terms shall have the
meanings indicated:
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) benefits under the Federal
Social Security Act; or
Is certified to receive railroad retirement disability benefits
under the Federal Railroad Retirement Act; or
Had received a certification from the State Commission for the
Blind and Visually Handicapped stating that such person is legally
blind.
A brother or a sister, whether related through half blood,
whole blood or adoption.
An award letter from the Social Security Administration or the
Railroad Retirement Board or a certification from the State Commission
for the Blind and Visually Handicapped shall be submitted as proof
of disability.
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 that no parcel may receive an
exemption for the same tax purpose pursuant to both this article and § 467
of the Real Property Tax Law.
Notwithstanding any other provisions 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.
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 of stock 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 section and any exemption
so granted shall be credited by the appropriate taxing authority 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.
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 sums authorized by
the provisions of § 459-c of the Real Property Tax Law.
"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 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. Where title is vested
in siblings, their combined income 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, inheritances or moneys earned through employment in
the 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 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
by this article.
C.
Unless the real property is the legal residence 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.
A.
Application for such exemption must be made annually by the owner
or all of the owners of the property, on forms prescribed by the Commissioner,
to be furnished by the appropriate local assessing unit, and shall
furnish the information and be executed in the manner required or
prescribed on such forms and shall be filed in such 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 an exemption, pursuant to this article, is first sought or the
disability is first determined to be permanent.
B.
At least 60 days prior to the appropriate taxable status date, the
appropriate local assessing unit shall mail to each person who was
granted an 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 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.
This article shall take effect immediately and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on and after January 1, 1998.
