This article shall be known as the "Town of East Greenbush Disabled Homeowner Tax Exemption Law."
[Adopted 12-13-2000 by L.L. No. 2-2000 (Ch. 41, Art. VII, of the 1991 Code)]
[Amended 2-12-2003 by L.L. No. 2-2003; 1-14-2004 by L.L. No. 2-2004; 1-18-2023 by L.L. No. 1-2023; 2-21-2024 by L.L. No. 1-2024]
Effective as hereinafter provided, there shall be an exemption from taxation for general Town and highway purposes to the extent of the percentage of assessed valuation provided in the following schedule, determined by the maximum income exemption eligibility level also provided in the following schedule, up to a maximum of 50% of the assessed valuation of real property owned by one or more persons with disabilities, at least one of whom has a disability and whose income, as hereinafter defined, is limited by reason of such disability.
Annual Income | Valuation Exempt from Taxation |
|---|---|
$36,600 or below | 50% |
$36,601 to $37,600 | 45% |
$37,601 to $38,600 | 40% |
$38,601 to $39,600 | 35% |
$39,601 to $40,500 | 30% |
$40,501 to $41,400 | 25% |
$41,401 to $42,300 | 20% |
$42,301 to $43,200 | 15% |
$43,201 to $44,100 | 10% |
$44,101 to $45,000 | 5% |
In computing eligibility for this exemption, unreimbursed medical expenses shall not be deducted from the owner's income.
[Amended 1-18-2023 by L.L. No. 1-2023]
As used in this article, terms shall have the same meaning as those in Real Property Tax Law § 459-c, Subdivision 2.
[Amended 1-18-2023 by L.L. No. 1-2023]
Any exemption provided by this article shall be computed after all other partial exemptions allowed by law, excluding the school tax relief (STAR) exemption authorized by Real Property Tax Law § 425, have been subtracted from the total amount of assessed valuation, provided that no parcel may receive an exemption for the same tax purpose pursuant to both this article and § 467 of the Real Property Tax Law.
Notwithstanding any other provisions 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 this article.
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 section 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.
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 sums authorized by the provisions of § 459-c of the Real Property Tax Law. "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 wife, their 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. Where title is vested in siblings, their combined income 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 moneys earned through employment in the 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 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.
B.
Unless the property is used exclusively for residential purposes; however, in the event that 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 article.
C.
Unless the real property is the legal residence 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 impatient 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.
Application for such exemption must be made annually by the owner or all of the owners of the property, on forms prescribed by the NYS Department of Taxation and Finance to be furnished by the appropriate local assessing unit, and shall furnish the information and be executed in the manner required or prescribed on such forms, and shall be filed in the Assessor's office on or before the appropriate taxable status date; provided, however, that proof of a permanent disability need be submitted only in the year an exemption pursuant to this article is first sought or the disability is first determined to be permanent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
At least 60 days prior to the appropriate taxable status date, the appropriate local assessing unit 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 taxes on property owned by such person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall take effect upon filing with the Secretary of State and the Comptroller of the State of New York and shall be applied to the assessment roll finalized in 2000 and thereafter.