[Adopted 10-17-2007 by L.L. No. 6-2007 (Ch. 84 of the 1994 Code)]
For the purposes of this article, the following terms shall have the meanings indicated:
PERSON WITH DISABILITY
A person with a disability is 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 has received a certificate from the State Commission for the Blind and Visually Handicapped stating that such person is legally blind or is certified to receive a United States Postal Service disability pension or is certified to receive a United States Department of Veterans' Affairs disability pension pursuant to 38 U.S.C. § 1521. 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 or an award letter from the United States Department of Veterans' Affairs shall be submitted as proof of disability.[1]
SIBLING
A brother or sister, whether related through half blood, whole blood or adoption.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Real property in the Village 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, or real property owned by one or more persons, some of whom qualify under this article and Article III of this chapter, and whose income, as hereinafter defined, is limited by reasons of such disability shall be exempt from taxation by the Village to the extent of the following percentage of the assessed valuation thereof:
Annual Income
Percent of Exemption
Up to and including $29,000
50%
More than $29,000 but less than $30,000
45%
More than $30,000 but less than $31,000
40%
More than $31,000 but less than $32,000
35%
More than $32,000 but less than $32,900
30%
More than $32,900 but less than $33,800
25%
More than $33,800 but less than $34,700
20%
More than $34,700 but less than $35,600
15%
More than $35,600 but less than $36,500
10%
More than $36,500 but less than $37,400
5%
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No exemption shall be granted:
A. 
Unless an annual application is made therefor as hereinafter set forth.
B. 
If the income of the owner or combined income of the owners of the property exceeds the sum of $37,400 for the income tax year immediately preceding the date of making application for exemption. The term "income tax year" shall mean the twelve-month period for which the owner or owners file 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 the 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 as provided in Subdivision 3(d)(ii) of § 467 of the Real Property Tax Law, 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, inheritances, payments made to individuals because of their status as victims of Nazi persecution, as defined in P.L. 103-286, 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 reimbursed or paid for by insurance. Such income shall not include veterans disability compensation, as defined in Title 38 of the United States Code. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion and wear and tear of real or personal property held for the production of income.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Unless the property is used exclusively for residential purposes; provided, however, that, in the event 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 section.
D. 
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.
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 article, 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.
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 § 470-45 of this article, 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 prescribed by the Commissioner of Taxation and Finance, and shall be filed in the Village Assessor's office on or before January 1, the taxable status date. 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 January 1, the taxable status date, the Assessor 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 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.
The 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, however, that no parcel may receive an exemption for the Village taxes pursuant to both this article and Article III hereof adopted pursuant to Real Property Tax Law § 467.