[Adopted 1-6-1998 by L.L. No. 3-1998]
It is the purpose of this article to provide
for a partial exemption from taxation to persons with disabilities
who have limited incomes. The partial exemption provided under this
article is authorized by § 459-c of the Real Property Tax
Law.
For the purposes of this article, the following
terms shall have the meanings given them in § 459-c of the
Real Property Tax Law: "disability," "income," "income tax year" and
"sibling."
Exemptions pursuant to this article, as authorized by § 459-c of the Real Property Tax Law, shall be calculated in the same matter as set forth in Article II, § 225-4, of the East Hampton Town Code, and the same may hereafter be amended by resolution of the Town Board adopted after the holding of a duly noticed public hearing.
A.
Pursuant to the terms and conditions of and in accordance
with the provisions of § 459-c of the Real Property Tax
Law of the State of New York, real property located within the Town
of East Hampton and 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 is limited
by reason of such disability shall be exempt from any tax imposed
by the Town of East Hampton to the extent shown in the above schedule
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 does not exceed the sums indicated
in said schedule.
B.
The income of the property owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for the exemption shall not exceed the maximum annual income for the granting of the minimum exemption set forth in § 225-17.
C.
For purposes of this article:
(1)
Title to that portion of real property built as a
cooperative apartment and owned by a cooperative apartment corporation
in which a tenant-stockholder of such corporation resides and which
is represented by his/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 shall be deemed vested in such
tenant-shareholder.
(2)
That portion of the assessment of such real property
built as a cooperative apartment and owned by such cooperative apartment
corporation determined by the relationship of such real property vested
in such tenant-stockholder to such entire parcel and 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 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 against the amount of such taxes otherwise payable by or
chargeable to such tenant-stockholder.
This local law is subject to all the terms,
exceptions and conditions contained in § 459-c of the Real
Property Tax Law.
The provisions of this local law are severable.
If any provision of this local law or its application to any person
or circumstances is held invalid, said invalidity shall not affect
any other provision or application of this local law which can be
given effect without the invalid provision or application of the local
law.
This local law shall take effect immediately
upon filing with the Secretary of State as required by law.
