The purpose of this article is to afford a partial
exemption from taxation to qualifying eligible persons with disabilities
and who have limited incomes in the Town of Lancaster.
[Amended 3-19-2001 by L.L. No. 3-2001; 2-24-2003 by L.L. No. 1-2003; 4-5-2004 by L.L. No. 2-2004; 9-8-2008 by L.L. No.
1-2008]
Real property 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, and whose income,
as hereafter defined, is limited by reason of such disability, shall
be exempt from taxation by the Town of Lancaster as provided in the
following schedule:
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
---|
Not more than $27,000
|
50%
|
More than $27,000 but less than $28,000
|
45%
|
More than $28,000 but less than $29,000
|
40%
|
More than $29,000 but less than $30,000
|
35%
|
More than $30,000 but less than $30,900
|
30%
|
More than $30,900 but less than $31,800
|
25%
|
More than $31,800 but less than $32,700
|
20%
|
More than $32,700 but less than $33,600
|
15%
|
More than $33,600 but less than $34,500
|
10%
|
More than $34,500 but less than $35,400
|
5%
|
[Added 6-15-2009 by L.L. No. 2-2009]
A. Real property altered, installed,
or improved to remove architectural barriers in existing property
for persons with disabilities subsequent to the American with Disabilities
Act of 1990 (Public Law SS 101-336, 42 U.S.C. § 12101 et
seq.) is exempt from taxation to the extent of any increase in value
attributable to these improvements. These improvements are exempt
for up to 10 years from special ad valorem levies as well as from
general municipal and school taxes, but are liable for special assessments.
B. Amount is limited to alterations
or improvements commenced after the local option becomes effective.
If alterations or improvements were commenced prior to the effective
date of the local option but constructed subsequent to the Americans
with Disabilities Act of 1990, these improvements also are exempt
from taxation.
Year Of Exemption
|
Percentage of Assessed Valuation Exempt From Taxation
|
---|
1
|
50%
|
2
|
45%
|
3
|
40%
|
4
|
35%
|
5
|
30%
|
6
|
25%
|
7
|
20%
|
8
|
15%
|
9
|
10%
|
10
|
5%
|
For purposes of this article, the following
terms shall have the meanings indicated:
PERSON WITH A DISABILITY
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:
A.
Is certified to receive social security disability
insurance (SSDI) or supplemental security income (SSI) benefits under
the federal Social Security Act;
B.
Is certified to receive railroad retirement
disability benefits under the Federal Railroad Retirement Act; or
C.
Has received a certificate from the State Commission
for the Blind and Visually Handicapped stating that such person is
legally blind.
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 shall be submitted as proof
of disability.
|
SIBLING
A brother or sister, whether related through half blood,
whole blood or adoption.
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, however,
that no parcel may receive an exemption for the same municipal tax
purposes pursuant to both §§ 459-c and 467 of the Real
Property Tax Law.
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 sum of $18,500, adopted pursuant to § 459-c
of the Real Property Tax Law.
(1) "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 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. 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 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 if the Town Board,
after a public hearing, adopts a local law, ordinance or resolution
providing therefor.
(2) 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 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 § 459-c of the
Real Property Tax Law.
C. 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 section 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.
Application for such exemption must be made
annually by the owner or all of the owners of the property on forms
prescribed by the State Board and shall be filed in the Assessor's
office on or before the appropriate taxable status date; provided,
however, that proof of permanent disability need be submitted only
in the year that the exemption, pursuant to § 459-c of the
Real Property Tax Law, is first sought or the disability is first
determined to be permanent.
At least 60 days prior to the appropriate taxable
status date, the Assessor shall mail, to each person who was granted
exemption pursuant to § 459-c of the Real Property Tax Law
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.
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 Subdivision 1 of § 459-c of the Real Property Tax Law,
were such person or persons the owner or owners of such real property.
This article shall take effect upon mailing,
filing and publication as required by law.