[Amended 2-13-2001 by L.L. No. 2-2001; 5-13-2003 by L.L. No.
39-2003; 2-22-2005 by L.L. No. 7-2005; 12-27-2006 by L.L. No. 62-2006; 2-14-2023 by L.L. No. 8-2023]
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 Town of Southampton to the extent of 50% of the assessed
valuation thereof based upon an annual income of no more than $50,000
and thereafter at the percentage of assessed valuation thereof as
hereinafter provided in the following schedule:
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
---|
Up to $50,000
|
50%
|
$50,001 up to $51,000
|
45%
|
$51,001 up to $52,000
|
40%
|
$52,001 up to $53,000
|
35%
|
$53,001 up to $53,900
|
30%
|
$53,901 up to $54,800
|
25%
|
$54,801 up to $55,700
|
20%
|
$55,701 up to $56,500
|
15%
|
$56,601 up to $57,500
|
10%
|
$57,501 up to $58,400
|
5%
|
B. For the purposes of this article, the following terms
shall have the meanings indicated:
INCOME
The term income, as used herein, shall mean the "adjusted
gross income" for federal income tax purposes as reported on the applicant’s
federal or state income tax return for the applicable income tax year,
subject to any subsequent amendments or revisions, plus any social
security benefits not included in such federal adjusted gross income;
provided that if no such return was filed for the applicable income
tax year, the applicant’s income shall be determined based on
the amounts that would have so been reported if such a return had
been filed; and provided further, that when determining income for
exemption purposes, the following conditions shall be applicable:
[Added 12-21-2023 by L.L.
No. 41-2023]
(1)
Any social security benefits not included in the applicant's
federal adjusted gross income shall be considered income;
(2)
Distributions received from an individual retirement account
or annuity that were included in the applicant's federal adjusted
gross income shall not be considered income;
(3)
The applicant's income shall be offset by all medical and prescription
drug expenses actually paid that were not reimbursed or paid for by
insurance; and
(4)
Any tax-exempt interest or dividends that were excluded from
the applicant's federal adjusted gross income shall be considered
income.
(5)
The net amount of losses on Schedule C, D, and E shall not exceed
$3,000, and the net losses of any other category shall not exceed
$3,000. The total amount of losses may not exceed $15,000.
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.
C. 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.
D. 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.
E. 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 exceeds the sum of $3,000,
or such other sum not less than $3,000 nor more than $50,000. "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 retirements 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 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 for the production of income.
(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.
F. 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.
G. 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.
H. 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.
I. 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.