[Adopted 10-25-1999 by L.L. No. 3-1999]
This article shall be known as the "Town of
Coeymans Disabled Homeowner Tax Exemption Law."
[Amended 2-23-2004 by L.L. No. 2-2004]
Effective as hereinafter provided, there shall
be an exemption from taxation for general Town purposes to the extent
of the percentage of assessed evaluation 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, or real property owned by a husband or wife, or
both, or by siblings, at least one of whom has a disability, and whose
income, as hereinafter defined, is limited by reason of such disability:
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|---|---|
|
$0 to $24,000
|
50%
|
|
$24,000 or more but less than $25,000
|
45%
|
|
$25,000 or more but less than $26,000
|
40%
|
|
$26,000 or more but less than $27,000
|
35%
|
|
$27,000 or more but less than $27,900
|
30%
|
|
$27,900 or more but less than $28,800
|
25%
|
|
$28,800 or more but less than $29,700
|
20%
|
|
$29,700 or more but less than $30,600
|
15%
|
|
$30,600 or more but less than $31,500
|
10%
|
|
$31,500 or more but less than $32,400
|
5%
|
As used in this article, the following terms
shall have the meanings indicated:
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 Supplemental 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 certification from the State
Commission for the Blind and Visually Handicapped stating that such
person is legally blind.
A brother or 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 certification from the State
Commission for the Blind and Visually Handicapped shall be submitted
as proof of disability.
Any exemption provided by this article shall
be computed after all other partial exemptions allowed by the law
have been subtracted from the total amount assessed; provided, however,
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.[1]
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.Â
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 corporation,
including that owned by the corporation, shall be deemed to be vested
in such tenant-stockholder.
B.Â
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.Â
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 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.
[Amended 2-23-2004 by L.L. No. 2-2004]
B.Â
Unless the property is used exclusively for residential
purposes; 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 this article.
C.Â
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 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 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.Â
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 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 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 an exemption pursuant to this article is first sought
or the disability is first determined to be permanent.
B.Â
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 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.
[Added 2-23-2004 by L.L. No. 2-2004[1]]
The annual income limits and tables, set forth
in this article, may be amended by resolution of the Town Board, subject
to permissive referendum.
[Added 2-23-2004 by L.L. No. 2-2004]
If any part or provision of this article or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this article or the application thereof to other
persons or circumstances, and the Town Board of the Town of Coeymans
hereby declares that it would have passed this article or the remainder
thereof had such invalid application or invalid provision been apparent.
[Amended 2-23-2004 by L.L. No. 2-2004]
This article shall take effect immediately upon
filing with the Secretary of State, after 45 days from the date of
its adoption.
