[Adopted 3-13-2008 by L.L. No. 2-2008]
As used in this article, the following terms shall have the meanings indicated:
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 supplementary 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.
INCOME
Includes 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 the 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 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 of self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income.
SIBLING
A brother or sister, whether related through half-blood, whole blood or adoption.
A. 
Real property owned by one or more persons with a disability or real property owned by a husband, wife, or both, or by siblings, at least one of whom has a disability, whose income is as hereafter defined, and who is limited by reason of such disability, shall be exempt from taxation up to a maximum of 50% of the assessed valuation of said property as hereinafter provided.
B. 
This article shall apply to real property held in trust solely for the benefit of the 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.
C. 
In order to be eligible for a fifty-percent tax exemption, 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 the application for exemption shall not and may not exceed the sum of $28,000. The 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 preceding 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 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.
D. 
If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of $28,000 for the income tax year immediately preceding the date of making the application for tax exemption and is not greater than $36,399.99, said owner shall be entitled to a partial exemption as follows:
Income
Exemption
$0 to $28,000
50%
$28,000.01 to $28,999.99
45%
$29,000 to $29,999.99
40%
$30,000 to $30,999.99
35%
$31,000 to $31,899.99
30%
$31,900.01 to $32,799.99
25%
$32,800 to $33,699.99
20%
$33,700 to $34,599.99
15%
$34,600 to $35,499.99
10%
$35,500 to $36,399.99
5%
A. 
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 pursuant to both this article and Article I, (Senior Citizens Exemption) of this chapter.
B. 
No tax exemption shall be granted unless the property is used exclusively for residential purposes, providing, however, that in the event any portion of such property is not so used exclusively for residential uses but is used for other purposes, such portions shall be subject to taxation, and the remaining portion only shall be entitled to the exemption provided by this article; and 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 in-patient of a residential health-care facility as defined in § 2801 of the Public Health Law, provided that any income accruing to the person shall be considered income for the 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.
C. 
The exemption from real property taxation provided by this article shall only be applicable to Town taxation, and is not applicable to taxes levied for county, village or school purposes.
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 of Real Property Services, and shall be filed in the Town Assessor's office on or before March 1 of each year; provided, however, 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 March 1, 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 March 1 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.