[Adopted 8-16-1999 by L.L. No. 6-1999]
[1]
Editor's Note: Former Art. II, Business Facilities Tax Exemption, adopted 5-24-1977 by L.L. No. 1-1977, as amended, was repealed 12-17-1993 by L.L. No. 17-1993. Section II of this local law also provided that "notwithstanding Section I of this local law, the provisions of Article II, entitled 'Business Facilities Tax Exemption,' of Chapter 155, and more specifically set forth in §§ 155-4 and 155-5, shall continue in effect as if the provisions had not been repealed or deleted for those eligible business facilities which, on the date this law is repealed, are currently receiving the granted exemption as indicated by appropriate notation or entries on the tax assessment rolls for the Town of Queensbury. Nothing contained in this grandfathering provision shall be deemed to increase or decrease any scheduled benefits to be received by the affected eligible business facilities under the former business facilities tax exemption clause of Chapter 155 of the Code of the Town of Queensbury. Further, nothing set forth herein shall be deemed to provide benefits for any previous business that may have been qualified to receive the business facilities tax exemption but had not so qualified pursuant to the terms of this grandfathering clause prior to the date of the adoption of this local law."
The purpose of this article is to grant a partial
exemption from taxation to the extent of 50% of the assessed valuation
of real property which is owned by certain persons with disabilities
who meet the requirements set forth in § 459-c of the Real
Property Tax Law.
As used in this article, the following terms
shall have the meanings indicated:
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 federal foster grandparent program. Any such income shall be reduced
by the amount of all medical and prescription drug expenses actually
paid which are 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.
The twelve-month period for which the owner or owners filed
a federal personal income tax return or, if no return is filed, the
calendar year.
A person who has a physical or mental impairment, not due
to current use of alcohol or illegal drugs, 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 certificate from the State Commission
for the Blind and Visually Handicapped stating that such person is
legally blind.
A brother or a sister, whether related through whole blood,
half blood or adoption.
A.
Real property owned by one or more persons with disabilities
or by a husband, wife, both husband and wife or siblings, at least
one of whom has a disability, and whose income is limited by reason
of disability, shall be exempt from Town taxes to the extent of 50%
of the assessed valuation, subject to the following conditions:
(1)
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 must not exceed $17,500.
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.
(2)
The property must be used exclusively for residential
purposes; provided, however, that in the event that any portion of
the property is not used exclusively for residential purposes, such
portion shall be subject to full taxation and only the residential
portion shall be entitled to the exemption provided by this section.
(3)
The real property must be the legal residence of and
be 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. 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 the spouse or sibling of such person for care in the facility.
B.
Any exemption provided by this section 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 from Town taxes pursuant to both this section and § 155-2.
C.
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(s)
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. 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 the entire parcel and the buildings thereon owned by such cooperative
apartment corporation in which the tenant-stockholder resides shall
be subject to exemption from taxation pursuant to this section, and
any exemption so granted shall be credited by the Town 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.
D.
The provisions of this section 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.
Application for such exemption must be made
annually by the owner or all of the owners of the property on forms
provided by the Assessor and must be filed in the Assessor's office
on or before the appropriate taxable status date. Art 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 must be submitted as proof of disability. Proof
of a permanent disability need be submitted only in the year exemption
pursuant to this section is first sought or the disability is first
determined to be permanent.
The following reduced extent of exemption shall be granted to persons whose annual income exceeds the level provided in § 155-6:
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|---|---|
|
More than $17,500 but less than $18,500
|
45%
|
|
$18,500 or more, but less than $19,500
|
40%
|
|
$19,500 or more, but less than $20,500
|
35%
|
|
$20,500 or more, but less than $21,400
|
30%
|
|
$21,400 or more, but less than $22,300
|
25%
|
|
$22,300 or more, but less than $23,200
|
20%
|
