§ 32.870  ADOPTION; ELIGIBILITY.
   (A)   The adoption of guidelines for poverty exemptions is required of the Township Board;
   (B)   The principal residence of persons, who the Supervisor/Assessor of the Board of Review determines by reason of poverty to be unable to contribute to the public charge, is eligible for exemption in whole or in part from taxation under Public Act 390 of 1994 (M.C.L.A. 211.7u); and
   (C)   Pursuant to PA 390 of 1994 the Township of Concord, Jackson County adopts the following guidelines for the Board of Review to implement. The guidelines shall include but not be limited to the specific income and asset levels of the claimant and all persons residing in the household, including any property tax credit returns, filed in the current or immediately preceding year.
   (D)   To be eligible, a person shall do all the following on an annual basis:
      (1)   Be an owner of and occupy as a principal residence the property for which an exemption is requested.
      (2)   Applicants cannot have more than $20,000 in assets to be eligible for consideration. Assets do not include the principal residence or an automobile. Assets do include: stocks, bonds, mutual funds, cash value insurance policies, coin collections, boats, ORV’s, motorcycles, recreational vehicles, second homes or salable property, retirement accounts, jewelry, etc. Cash assets in savings and checking accounts shall not exceed $2,000. The level of cash assets may be waived under extenuating circumstances as determined by the Board of Review.
      (3)   Hardship exemption may be up to the amount of property tax not returned pursuant to the Michigan Property Tax Credit if the total household income of the applicant meets with the income guidelines set by the Township of Concord each year, which consists of the income guidelines contained in division (D)(8) of this section.
      (4)   File a completed application with the Township Assessor after January 1, but at least one day prior to the last day of the December Board of Review on a form provided by the township.
      (5)   Provide current or preceding year federal and state income tax credit returns. The applicant must file for the Michigan Real Estate Property Tax Credit. An exemption shall not be given for the amount of property tax refundable by any organization or governmental agency.
      (6)   Produce a valid driver’s license or other form of identification if requested.
      (7)   Produce, if requested, a deed, land contract, or other evidence of ownership of the property for which an exemption is requested.
      (8)   Meet the Concord Township’s income standards “Poverty Threshold” for the calendar year in question. As its “Poverty Threshold,” the township has adopted and incorporated the federal poverty income guidelines as defined and determined annually by the United States Department of Health and Human Services.
      (9)   This policy and guidelines apply only to individuals and are not for trusts or other types of ownerships such as corporations, limited liability companies, partnerships, associations and co- owners (the only exception being the individual owner of life estate).
      (10)   Only the assessed value of the homestead of an owner of a life estate shall apply, but the incomes of the owner of a life estate and income of all interested persons and household members shall be combined for determination of the poverty threshold. The owner of the life estate must reside and use the property as his/her homestead.
      (11)   Any tax exemption given to an individual under these guidelines shall be for the one year’s taxes, and a new application will be required each year an exemption is requested.
   (E)   The Township Assessor and the Board of Review shall notify in writing all applicants whose application for exemption is being denied. The applicant may appeal the decision by applying to the Michigan Tax Tribunal and filing the appeal in writing prior to June 30 for a March Board of Review action. For July and December Board of Review actions you must file with the Tribunal within 35 days of receipt of your answer from the Board of Review.
   (F)   It is hereby resolved that the Supervisor/Assessor and Board of Review shall follow the above state police and federal guidelines in granting or denying an exemption, unless the Supervisor/Assessor and Board of Review determines there are substantial and compelling reasons why there should be a deviation from the police and federal guidelines and these reasons are communicated in writing to the claimant.
(Res. passed 12-14-2020)