[Adopted 10-10-2002 by L.L. No. 4-2002]
As used in this article, the following terms shall have the meanings indicated:
- 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 federal foster grandparent program. Any such income shall be reduced by the amount by all medical and prescription drug expenses actually paid which are 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.
- INCOME TAX YEAR
- The twelve-month period for which the owner or owners filed a federal personal income tax return or, if no return is filed, the calendar year.
- PERSON WITH A DISABILITY
- A person who has a physical or mental impairment, not due to current use of alcohol or illegal drugs, 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:
- (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.
- A brother or a sister, whether related through whole blood, half blood or adoption.
All other terms used in this article, which are not defined in this article, shall have the meaning ascribed to such terms in the Real Property Tax Law or this chapter.
Real property owned by one or more persons with disabilities or by a husband, wife, both husband and wife, or siblings, at least one of whom has a disability, and whose income is limited by reason of disability, shall be exempt from City taxes to the extent of 50% of the assessed valuation, subject to the following conditions:
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 must not exceed $17,500. Where title is vested in either the husband or the 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.
The property must be used exclusively for residential purposes; provided, however, that in the event any portion of the property is not used exclusively for residential purposes, such portion shall be subject to full taxation and only the residential portion shall be entitled to the exemption provided by this section.
The real property must be the legal residence of and be 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 in-patient of a residential health care facility as defined in § 2801 of the Public Health Law. 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 the spouse or sibling of such person for care in the facility.
Any exemption provided by this section 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 from City taxes pursuant to both this article and Article III of Chapter 196 of the Code of the City of Glens Falls.
The provisions of this section 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 Subsection A of this section were such person or persons the owner or owners of such real property.
Application for such exemption must be made annually by the owner or all of the owners of the property on forms provided by the Assessor and must be filed in the Assessor's office on or before the appropriate taxable status date. 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 must be submitted as proof of disability. Proof of a permanent disability need be submitted only in the year exemption pursuant to this section is first sought or the disability is first determined to be permanent.
The following reduced extent of exemption shall be granted to persons whose annual income exceeds the level provided in § 196-52:
In the event of an actual conflict between the terms and provisions of this article and § 459-c of the Real Property Tax Law, the Real Property Tax Law shall govern. This article and the grant of the exemption provided hereby shall be subject to the terms and provisions of § 459-c of the Real Property Tax Law.