The purpose of this article is to implement the provisions of
Real Property Tax Law § 459-c by granting a partial real
property tax exemption to certain persons with disabilities and limited
income as defined in such section of law.
As used in this article, the following terms shall have the
meanings indicated:
DISABILITY
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 of the major life activities, such
as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning.
INCOME TAX YEAR
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.
SIBLING
A brother or sister, whether related through whole blood,
half blood, or adoption.
Real property owned by persons meeting the following conditions
shall be exempted from Village of Potsdam taxes subject to the following
conditions:
A. The property must be owned by one or more person with disabilities,
or real property owned by a husband, wife, or both, or by siblings,
at least one of who has a disability; and
B. The property must be used exclusively for residential purposes, be
occupied and the legal residence in whole or in part by the disabled
person; and
C. A person with a disability must meet one of the following requirements:
(1) Is certified to receive Social Security Disability Insurance (SSDI),
Supplemental Security Income (SSI); 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;
or
(4) Is certified to receive a United States Postal Service disability
pension.
D. The applicant must provide proof of disability with an award letter
from the Social Security Administration, or the Railroad Retirement
Board, or the United States Postal Service, or a certificate from
the State Commission for the Blind and Visually Handicapped.
E. The income of the disabled owner or the combined income of the owners
must not exceed $24,399 for the income tax year prior to the date
that the application is filed. Where title is vested in either the
husband or wife, the combined income may not exceed such sum, except
where the husband or the 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.
F. The owner or all of the owners must file an application annually
on forms prescribed by the State Board in the Assessor's office by
the taxable status date each year as required by law.
G. This exemption may not be granted to property currently receiving
an exemption pursuant to Real Property Tax Law §§ 459-c
and 467 for the same municipal taxing purpose, and no exemption is
allowed from special ad valorem levies or special assessments.