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19920128 1992-1ORDINANCE NO. 1992-1 AN ORDINANCE AMENDING SECTIONS 8-32 AND 8-34, ARTICLE VII, CHAPTER 8 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING INCOME LIMITATIONS AND AMOUNT OF EXEMPTIONS FOR REAL ESTATE TAX RELIEF FOR CERTAIN ELDERLY OR DISABLED PERSONS AND AMENDING SECTIONS 8-41 AND 8-43, ARTICLE VIII, CHAPTER 8 OF THE CODE OF THE CITY OF FAIRFAX CONCERNING INCOME LIMITATIONS AND AMOUNT OF GRANT FOR RENTAL RELIEF FOR CERTAIN ELDERLY OR DISABLED PERSONS BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Sections 8-32, 8-34, Article VII, Chapter 8 of the Code of the City of Fairfax and Sections 8-41 and 8-43, Article VIII, Chapter 8 of the Code of the city of Fairfax are hereby amended to read in their entirety as follows: Sec. 8-32. Criteria for exemption. Exemption shall be granted to persons who qualify under the following criteria: (a) The title of the property for which exemption is claimed must be vested on January 1 of the taxable year, wholly or partially in the name of the person or persons claiming exemptions. (b) The head of the household occupying the dwelling as his sole dwelling and in whose name, title, or an interest in title, is vested must, on December 31 of the year immediately preceding the taxable year, be either (1) sixty-five years of age or older, or (2) permanently and totally disabled. (c) The gross combined income of the owner(s) during the year immediately preceding the taxable year must be determined by the city manager to be an amount not in shall include all income from all sources of the owner(s) and of the relatives of the owner(s) living in the dwelling for which exemption is claimed. The first six thousand five hundred dollars ($6,500.00) of the total income of each such relative will be exempted. The first seven thousand five hundred dollars ($7,500.00) of income received by the owners as compensation for permanent disability shall also be exempted. The fact that persons who are otherwise qualified for tax exemption are residing in hospitals, nursing homes, convalescent homes or other facilities for physical or mental care for extended periods of time shall not be construed to mean the real estate for which tax exemption is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. 1992-1 -2- (d) The net combined financial worth, including equitable interests, as of December 31 of the immediately preceding taxable year, of the owner(s), and of the spouse of any owner, excluding the value of the dwelling and the land, not exceeding one acre, upon which it is situated, must not exceed one hundred fifty thousand dollars ($150,000.00). Sec. 8-34. Calculation of amount of exemption; limitation. For eligible owners with a gross combined income not in dvll~ .... ~v,'~A~ ...... ~^ ~',, the amount of exemption from real estate tax for any taxable year shall be equal to their real estate tax liability up to a maximum of ~.~i.i.i~~i.!.i.~.~i~.~.~i~iiiiiii(~ii~i~ii!~i~i~?~ on~ Sec. 8-41. Qualifications for grants. Rent relief will be granted to persons who qualify under the following criteria: (a) The applicant must have paid rent for his resident housing within the city during the grant year and must be a resident of the city on December 31 of the grant year. (b) The applicant, or his spouse if they live together, must, on December 31 of the grant year, be either (1) sixty-five (65) years of age or older, or (2) permanently and totally disabled. (c) The gross combined income of the applicant(s) during the grant year shall be an amount not in excess of for '~ ..... ~' Gross combined income shall dollars ~v=v, ...... include all income from all sources of the appli- cant(s) and of the relatives of the applicant(s) living in the dwelling for which rent relief is claimed. The first six thousand five hundred dollars ($6,500.00) of the total income of each such relative will be exempted. The first seven thousand five hundred dollars ($7,500.00) of income received by the applicant or his spouse as compensation for permanent disability shall also be exempted. If the applicant has been a resident of the city for less than the full grant year, the income received for the grant year and the maximum allowable income shall be prorated for the period of actual residency. (d) The net combined financial worth, including equitable interests, as of December 31 of the grant year, of the applicant(s) and of the spouse of any applicant, must not exceed one hundred fifty thousand dollars ($150,000.00). 1992-1 (e) -3- The applicant or his spouse, if they live together, must not receive financial assistance under the provisions of the state public welfare laws and implementing regulations or the 236 Program ad- ministered by the Department of Housing and Urban Development. Sec. 8-43. Calculation of amount of grant; limitation. For eligible applicants with a gross combined income not ~_~__ ,~A~ ~ ~, the amount of grant shall be equal to ten (10) per cent of the actual annual rent paid for a dwelling in the city during the grant year up to a maximum of i~iiiiili~~ For a qualifying applicant residing in the city for less than the full grant year, the amount of the grant shall be determined by computing the amount of the grant which would be allowed to the applicant if such qualifying applicant had resided in the city during the entire grant year, dividing such grant amount by twelve (12) and multiplying this amount by the number of complete months during which the applicant resided in the city and met the conditions of this article. This ordinance shall become effective as provided by law. INTRODUCED: PUBLIC HEARING: ADOPTED: January 14, 1992 January 28, 1992 January 28, 1992 Date YOR ATTEST: Ci~ C~erk