[Adopted 4-12-1998 by L.L. No. 4-1999]
A. 
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 Village of Westhampton Beach to the extent of 50% of the assessed valuation based upon an annual income of no more than $50,000 and thereafter at the percentage of assessed valuation thereof as provided in the following schedule:
[Amended 10-6-2005 by L.L. No. 7-2005; 11-1-2007 by L.L. No. 12-2007; 1-8-2009 by L.L. No. 1-2009; 11-5-2009 by L.L. No. 9-2009; 1-5-2023 by L.L. No. 1-2023; 3-2-2023 by L.L. No. 6-2023]
Annual Income
Percentage of Assessed Valuation Exempt From Taxes
Up to $50,000
50%
Up to $51,000
45%
Up to $52,000
40%
Up to $53,000
35%
Up to $53,900
30%
Up to $54,800
25%
Up to $55,700
20%
Up to $56,600
15%
Up to $57,500
10%
Up to $58,400
5%
B. 
For the purposes of this article, the following terms shall have the meanings indicated:
PERSON WITH A DISABILITY
An individual 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:
(1) 
Is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the Federal Social Security Act; 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.
SIBLING
A brother or a sister, whether related through half blood, whole blood or adoption. 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.
C. 
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 purpose pursuant to both this article and Article V of this chapter and/or § 467 of the New York Real Property Tax Law.
D. 
No exemption shall be granted:
(1) 
If the income of the owner or combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption equals or exceeds the sum of $58,400. "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. 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 to produce income.
[Amended 12-11-2001 by L.L. No. 19-2001; 10-6-2005 by L.L. No. 7-2005; 11-1-2007 by L.L. No. 12-2007; 1-8-2009 by L.L. No. 1-2009; 11-5-2009 by L.L. No. 9-2009; 1-5-2023 by L.L. No. 1-2023; 3-2-2023 by L.L. No. 6-2023]
(2) 
Unless the property is used exclusively for residential purposes; provided, however, that 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.
(3) 
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 New York Public Health Law, provided that any income accruing to the 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.
E. 
Tenant-stockholders of cooperative apartment corporations.
(1) 
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 or her 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.
(2) 
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 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.
F. 
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 such 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 exemption pursuant to this article is first sought or the disability is first determined to be permanent.
G. 
At least 60 days prior to the appropriate taxable status date, the Assessor shall mail to each person who was granted 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.
H. 
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 Subsection A of this section, were such person or persons the owner or owners of such real property.