[Adopted 11-15-1999 by L.L. No. 2-1999[1]]
[1]
Editor's Note: This local law superseded former
Article VII, Exemptions for Disabled Persons with Limited Income,
adopted 3-2-1996 by L.L. No. 1-1998.
The Village Board of the Village of Menands
recognizes its responsibility and obligation to provide for the welfare
and financial independence of those persons in this community who
have been stricken with serious disabilities which prevent or limit
those persons from earning income at a level necessary to support
themselves and their families. Therefore, the intent and purpose of
this article is to grant a partial exemption from taxation to the
maximum extent of 50% of the assessed valuation of real property which
is owned, wholly or partially, by such persons with disabilities and
limited incomes, who meet the requirements of this article, § 459-c
of the New York State Real Property Tax Law as added by Chapter 315
of the Laws of 1997.
As used in this article, the following terms
shall have the meanings indicated:
A person who has a physical or mental impairment, not due
to the 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 oneself, 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 a sister, whether related through half blood,
whole blood or adoption.
[Amended 12-18-2000 by L.L. No. 4-2000; 11-18-2002 by L.L. No. 6-2002]
Subject to the applicable provisions of law,
particularly § 459-c of the New York State Real Property
Tax Law, there shall be an exemption from taxation for general Village
purposes to the extent of the percentage of assessed valuation 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 a disability, 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, hereinafter defined, is limited by
reason of such disability:
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|---|---|
|
$21,500 or less
|
50%
|
|
Greater than $21,500 but less than $22,500
|
45%
|
|
$22,500 but less than $23,500
|
40%
|
|
$23,500 but less than $24,500
|
35%
|
|
$24,500 but less than $25,400
|
30%
|
|
$25,400 but less than $26,300
|
25%
|
|
$26,300 but less than $27,200
|
20%
|
|
$27,200 but less than $28,100
|
15%
|
|
$28,100 but less than $29,000
|
10%
|
|
$29,000 but less than $29,900
|
5%
|
|
$29,900 or greater
|
0%
|
An award letter from the Social Security Administration or Railroad Retirement Board attesting to a person's eligibility for the benefits described in § 153-16 of this article or a certification from the State Commission for the Blind and Visually Handicapped shall be submitted as proof of disability.
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, except that no parcel shall receive an exemption for the same Village tax purpose pursuant to both this article and § 467 of the New York State Real Property Tax Law and Article I of this chapter.
B.
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 exemption pursuant to this
article.
A.
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 the corporation,
including that stock owned by the corporation, shall be deemed to
be vested in such tenant-stockholder.
B.
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 taxes otherwise payable
by or chargeable to such tenant-stockholder.
No exemptions shall be granted:
A.
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.
(1)
Where title is vested in either the husband or 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)
Where title is vested in siblings, their combined
income may not exceed such sum.
(3)
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 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 or any
other means or program of the state or local government. 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.
B.
Unless the property is used exclusively for residential
purposes. However, in the event that any portion of such property
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.
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 heath-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 the spouse or sibling of such person for care in the
facility.
An application for such exemption must be made
annually by the owner or owners of the property on forms prescribed
by the State Board, and such application shall be made in accordance
with the provisions of the Real Property Tax Law, specifically with
§ 459-c thereof.
