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.
SIBLING
A brother or sister, whether related through half blood,
whole blood or adoption.
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%
|
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.
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.
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.