[Adopted 8-24-1998 by L.L. No. 7-1998]
The purpose of this article is to exempt from
real property taxes the property owned by certain disabled persons
as authorized by § 459-c of the New York State Real Property
Tax Law.
A.
Real property owned by one or more persons with a
disability 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 hereinafter defined as limited by reason of such disability, shall
be exempt from taxation by the Town of Hyde Park to the extent of
50% of such valuation.
B.
For purposes of this article:
(1)
"Sibling" shall mean a brother or a sister, whether
related through half blood, whole blood or adoption.
(2)
A "person with a disability" is 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 of 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. 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.
C.
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 for the same municipal tax purpose pursuant
to both this section and § 467 of the Real Property Tax
Law.
D.
Exemption from taxation for school purposes shall
not be granted in the case of real property where a child resides
if such child attends a public school of elementary or secondary education.
E.
No exemption shall be granted:
(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 $3,000, or such other sum not less than $3,000, nor more than $18,500 as may be provided by the article adopted pursuant to this section. 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 the 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 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 pursuant to the provisions of § 100-3B heretofore adopted by the municipality. 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.
(2)
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.
(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 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.
F.
Cooperative apartment corporation.
(1)
If so provided in the article adopted pursuant to
this section, 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
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 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.
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 section 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 section 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 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.
This article shall apply to the assessment roll
prepared on the basis of taxable status dates occurring on or after
January 1, 1999.
A.
The tax exemption provided by this article shall be:
|
Income
|
Exemption
(percentage of assessed valuation)
|
|---|---|
|
Under $18,500
|
50%
|
|
$18,501 $19,500
|
45%
|
|
$19,501 to $20,500
|
40%
|
|
$20,501 to $21,500
|
35%
|
|
$21,501 to $22,400
|
30%
|
|
$22,401 to $23,301
|
25%
|
|
$23,301 to $24,200
|
20%
|
|
$24,201 to $25,100
|
15%
|
|
$25,101 to $26,000
|
10%
|
|
$26,001 to $26,900
|
5%
|
B.
Said exemption is subject to the provision of the
Real Property Tax Law § 459-c, authorizing said deduction.
