No exemption shall be granted:
A. Income.
(1) 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
sum of $29,000:
[Amended 3-23-2006 by Ord. No. 4-2006; 10-15-2020 by L.L. No.
1-2020]
Income range low
|
Income range high
|
Exemption
|
---|
$0
|
$29,000
|
50%
|
$29,000.01
|
$29,999.99
|
45%
|
$30,000
|
$30,999.99
|
40%
|
$31,000
|
$31,999.99
|
35%
|
$32,000
|
$32,899.99
|
30%
|
$32,900
|
$33,799.99
|
25%
|
$33,800
|
$34,699.99
|
20%
|
$34,700
|
$35,599.99
|
15%
|
$35,600
|
$36,499.99
|
10%
|
$36,500
|
$37,399.99
|
5%
|
(a)
The City will permit persons with disabilities to subtract from
their incomes all medical and prescription drug expenses that are
not reimbursed or paid by insurance.
(2) "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 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, wear and tear of real
or personal property held for the production of income.
B. Unless the property is used exclusively for residential
purposes; provided, 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 section;
C. 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 Public Health Law, provided
that any income accruing to that person shall be considered income
for purposes of this section 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.
The City shall notify, or cause to be notified,
each person owning residential real property in the City of the provisions
of this article. The provisions of this section may be met by a notice
or legend sent on or with each tax bill to such persons reading, "You
may be eligible for a disability tax exemption. Eligible citizens
have until month ______ day _____, year _____," followed by the name,
telephone number and/or address of a person or department selected
by the City to explain the provisions of this article. Failure to
notify or cause to be notified any person who is in fact eligible
to receive the exemption provided by this article 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.
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 the City Assessor's
office on or before the appropriate taxable status date; 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 the appropriate taxable
status date, the City 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 taxable status date and be approved in order for
the exemption to be granted. The City Assessor shall, within three
days of the completion and filing of the tentative assessment roll,
notify by mail any applicant who has included with his application
at least one self-addressed, prepaid envelope of the approval or denial
of the application; provided, however, that the City Assessor shall,
upon the receipt and filing of the application, send by mail notification
of receipt to any applicant who has included two of such envelopes
with the application. Where an applicant is entitled to a notice of
denial pursuant to this section, such notice shall be on a form prescribed
by the State Board and shall state the reasons for such denial and
shall further state that the applicant may have such determination
reviewed in the manner provided by law. Failure to mail any such application
form or notices or the failure of such person to receive any of the
same shall not prevent the levy, collection and enforcement of the
payment of the taxes on property owned by such person.
Notwithstanding the provisions of §§
265-47 and
265-48 of this article, the City Assessor may accept applications for renewal of exemptions pursuant to this article after the taxable status date. In the event the owner, or all of the owners, of property which has received an exemption pursuant to this article on the preceding assessment roll fails to file the application required pursuant to this article on or before the taxable status date, such owner or owners may file the application, executed as if such application had been filed on or before the taxable status date, with the City Assessor on or before the date for the hearing of complaints.
Any conviction of having made any willful false
statement in the application for such exemption shall be punishable
by a fine of not more than $100 and shall disqualify the applicant
or applicants from further exemption for a period of five years.