Help Dutchess Families Improved Homes for Disabled

This is a petition to create awareness that here in Dutchess County all too often property tax increases are unfairly raised on families who have had to add on home improvements to their properties for disabled family members.

We are asking for this not to happen. We believe that families who have a disabled person to look after should be exempt from having their taxes raised in this manner.

Below are two letters from Ramona Burger and Clara Wittek-- they are two residents of Clinton, who are both affected by the new tax increase on their home additions; also see below comments from Town of Poughkeepsie resident Doreen Tignanelli on this.

If you agree with us and believe that something should be done, please sign the petition below, pass it on, and contact our County Legislature at 486-2100 and [email protected]

Joel Tyner
County Legislator
Clinton/Rhinebeck
324 Browns Pond Road
Staatsburg, NY 12580
RealMajorityProject.blogspot.com
[email protected]
(845) 876-2488

p.s. Thanks to Clinton's Ryan Burger for his work on this issue @ PetitionOnline.com/toctefdf; also see below information from our state's Office of Real Property Services:
http://www.orps.state.ny.us/assessor/manuals/vol4/part2/section4.06/sec459-a.htm.

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Doreen Tignanelli: "Tax exemptions on improvements that allow people to stay in their own homes would most likely save taxpayer dollars in the future. If people cannot stay in their own homes and end up in nursing home/rehab facility, that would cost more in government funding than a tax break now. Aside from the money issue, any one of us could find ourselves in the same situation some day, requiring a helping hand."

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From Clinton resident Ramona Burger ([email protected])...

My name is Ramona Burger, and I have a 23 year old son named Ryan.

Ryan was born with SMA, (Spinal Muscular Atrophy) type two. Growing up, Ryan was able to walk short distances from when he was 3 years old to 11 years. But he could never lift his legs. So when he went to school, it was always through special transportation that the Rhinebeck School Districts provided. The school was always there for Ryan's needs, and did the best they could to accommodate him.

Ryan always struggled to get up our front stairs to get into our home. Just eight steps would take him nearly a half hour to make it up. He would then crawl to the couch, and struggle to get on it completely so he could transfer into his wheelchair. Then when he would shower, the transfer into the shower chair took 10 minutes to get him inside just to take a simple shower. Ryan had no space to wheel around the house. The hallway was narrow, and the bathroom was too small. But most of all, the stairs to get into the house were the most difficult for Ryan to achieve.

Being a working single parent, I always worried about him getting hurt while making so many transferseveryday. One day I came home, and I saw Ryan laying on the living room floor crying that he can't do this anymore. That was the certainly the last straw.

I built an addition for Ryan with hardwood floors, wide door-ways, a roll-in shower, and a lot more space to move around in his wheelchair. Now that my house hasbeen added this new space for my son, my taxes have increased. Now I have to figure out how to pay for them. I always did what I had to do for Ryan, but now it is time to try to pass a new law for parents with a disabled family member. This was all for Ryan. We needed this for home improvement to make Ryan's independence easier. Please take into consideration how this law would make life more easier. I believe people who care for a disabled family member in their home should get the tax break. Thank you.

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From Clinton resident Clara Wittek ([email protected])...
Subject: Tax Exemptions on Disability Issues

I have been a Dutchess County resident most of my life, my husband Tony Wittek since 1983. We built our home and moved in the town of Clinton Corners in August of 1986. We were married in October of 1983. My husband was born with a birth defect of a missing a finger on his right hand and having to deal with a club foot on his right side. When I met my husband I did not even realize he had a birth defect. He carried himself very well and proceeded through life as if he had no physical aliments. I was amazed. Prior to us meeting Tony was working for IBM. Once we were married he continued to work at IBM until he was one of the unfortunate employees to be laid off in the massive down sizing of 1994. Once Tony was laid off he suffered from a stroke which weakened his right side even further. It took him a while to get back on his feet but he never gave up searching for employment. I was forced to leave my part time job and seek full time employment while Tony was pounding the pavement interviewing for a new full time position. He had jobs through manpower that were temporary until 2001. We struggled during this time frame.
In 2001 Tony was rehired by IBM. This was an answer to our prayers. During this year Tony kept on falling for no apparent reason both at work and at home.

We went to see his neurologist, Dr William Gooch. His neurologist ran tests and Tony was diagnosed with Multiple Sclerosis. Once again this man did not give up. He went to work cane in hand, then progressed to a walker and finally to a wheelchair. He had great difficulties with his manual wheelchair due to his birth defect and weakness on his right side from the stroke. Tony was still not willing to give up. He went back to his neurologist and asked for a prescription for an electric wheelchair so he could continue to work. Our insurance company originally refused us. Tony still continued to work through this set back. After months of continued correspondence with our insurance company they finally gave the OK to purchase one. We had Tony in an electric wheelchair within a two week period but the insurance company refused to pay for a hydraulic lift to get the wheelchair in our vehicle. The wheelchair weighed over 350 pounds. Once again, Tony did not give up but continued to work and struggle just to get himself around while we fought with the insurance company. IBM at this time asked Tony to go out on disability leave which he finally agreed to.

Tony has been on disability since January of 2003. He has fallen on numerous occasions. Some of the falls were very bad. He was hospitalized for one fall which nearly cost him his life. He punctured his lung and did not know it. We are in the process of making our home handicapped friendly for him. We are widening the door ways in our home, putting in a shower that will suit his needs for his disability and have installed a lifeline system for his protection if he needs help while I am at work. In our home he is at least protected by the outside elements. I can no longer pick my husband up alone. He is no longer able to offer me much assistance.

This brings me to our request. My husband has become captive to the indoors of our home until now the year 2006. We have not until now had a ramp put on our home. We are having a covered ramp built at present to protect him from the elements to get to the outside and to our vehicles. We have also built a garage for my husband's needs. He has fallen in the winter months, even though I am there to help him, in our driveway on the ice and snow. I have had to call for assistance to help get him up. We feel these two additions on our home are necessities for Tony's quality of life not luxuries.

We have applied for a tax exemption through the Town of Clinton which we have been granted but were very surprised to find that our County and School District have no such tax exemption. We are asking that a tax exemption be granted to us for the covered ramp as well as the garage for the quality of life improvement of our home for this Dutchess County, Rhinebeck Central School District resident whom has fought a good fight most of his life. Thank you.

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From the New York State Office of Real Property Services...

[see http://www.orps.state.ny.us/assessor/manuals/vol4/part2/section4.06/sec459-a.htm ]

Improvements to Property pursuant to the Americans with Disabilities Act of 1990
RPTL Section 459-a

Year Originally Enacted: 1995

SUMMARY: To the extent allowed by local option, real property altered, installed or improved to remove architectural barriers in existing property for persons with disabilities subsequent to the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 United States Code, 12101 et seq.) is exempt from taxation to the extent of any increase in value attributable to these improvements. These improvements are exempt for up to ten years from special ad valorem levies as well as from general municipal and school taxes, but are liable for special assessments.

Each county, city, town, village or school district may choose whether or not to allow the exemption. The option must be exercised by a county, city, town or village through adopting a local law and by a school district through adoption of a resolution. In all cases, a public hearing must be held prior to adoption of the local law or resolution. Each county, city, town, village or school district may choose to (1) reduce the percent of the exemption otherwise allowed by this statute and (2) limit eligibility for the exemption to those forms of alterations, installations, or improvements that are prescribed in such local law or resolution.

Amount is limited to alterations, installations, or improvements commenced after the local option becomes effective. If these alterations or improvements were commenced prior to the effective date of the local option but constructed subsequent to the Americans with Disabilities Act of 1990, these improvements also are exempt from taxation. Local option may reduce the annual exemption allowed by state law.

If the alteration, installation, or improvement was commenced prior to the local option but subsequent to the Americans with Disability Act, the exemption should be calculated based on the number of years which would otherwise remain if the exemption had been adopted by local option before commencement of the improvement.

Example: The exemption is adopted by local option in time for the 1996 assessment roll, and an improvement subsequent to the ADA was commenced prior to the 1993 assessment roll. If the application is approved and the exemption granted, such an improvement would qualify for a 35 percent exemption on the 1996 roll (i.e., in the fourth year of the exemption).

FILING REQUIREMENTS (Owner or Occupant of Property):
Form RP-459-a (9/00) - Application for Partial Exemption for Real Property Altered, Installed, or Improved to Remove Architectural Barriers in Compliance with the
Americans with Disabilities Act of 1990.