[Adopted 10-30-2006 by L.L. No. 5-2006]
Real property 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, as hereinafter defined, is limited by reason of such disability, shall be exempt from taxation by the Incorporated Village of Freeport to the extent 50% of the assessed valuation thereof as hereinafter provided.
A. 
No exemption shall be granted unless an annual application is made therefor as hereinafter set forth.
B. 
No exemption shall be granted if the income of the owners of the property is equal to or exceeds $34,400.
C. 
The extent of the exemption shall be determined from the following table:
Annual Income
Percentage of Assessed Valuation Exempt From Taxation
Tax Year 2007-2008
Not more than $26,000
50%
More than $26,000, but less than $27,000
45%
$27,000 or more, but less than $28,000
40%
$28,000 or more, but less than $29,000
35%
$29,000 or more, but less than $29,900
30%
$29,900 or more, but less than $30,800
25%
$30,800 or more, but less than $31,700
20%
$31,700 or more, but less than $32,600
15%
$32,600 or more, but less than $33,500
10%
$33,500 or more, but less than $34,400
5%
Tax Roll 2008-2009
Not more than $27,000
50%
More than $27,000, but less than $28,000
45%
$28,000 or more, but less than $29,000
40%
$29,000 or more, but less than $30,000
35%
$30,000 or more, but less than $30,900
30%
$30,900 or more, but less than $31,800
25%
$31,800 or more, but less than $32,700
20%
$32,700 or more, but less than $33,600
15%
$33,600 or more, but less than $34,500
10%
$34,500 or more, but less than $35,400
5%
Tax Roll 2009-2010
Not more than $28,000
50%
More than $28,000, but less than $29,000
45%
$29,000 or more, but less than $30,000
40%
$30,000 or more, but less than $31,000
35%
$31,000 or more, but less than $31,900
30%
$31,900 or more, but less than $32,800
25%
$32,800 or more, but less than $33,700
20%
$33,700 or more, but less than $34,600
15%
$34,600 or more, but less than $35,500
10%
$35,500 or more, but less than $36,400
5%
Tax Roll 2010-2011
Not more than $29,000
50%
More than $29,000, but less than $30,000
45%
$30,000 or more, but less than $31,000
40%
$31,000 or more, but less than $32,000
35%
$32,000 or more, but less than $32,900
30%
$32,900 or more, but less than $33,800
25%
$33,800 or more, but less than $34,700
20%
$34,700 or more, but less than $35,600
15%
$35,600 or more, but less than $36,500
10%
$36,500 or more, but less than $37,400
5%
D. 
The annual income referred to in the above table shall be that income for the income tax year immediately preceding the date of the making of the application.
E. 
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 major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working, and who: a) is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal Social Security Act; or b) is certified to receive Railroad Retirement Disability benefits under the federal Railroad Retirement Act; or c) has received a certificate from the State Commission for the Blind and Visually Handicapped stating that such person is legally blind; or d) is certified to receive a United States Postal Service disability pension. 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, or an award letter from the United States Postal Service shall be submitted as proof of disability.
F. 
"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 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 monies 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. 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.
G. 
No exemption shall be granted:
(1) 
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;
(2) 
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.
H. 
For the purposes of 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 shares of stock in such corporation as determined by its or their proportional relationship to the total of outstanding stock of the corporation, including that owned by the corporation, shall be deemed to be vested in such tenant-stockholder.
I. 
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 owner 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.
A. 
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 the office of the Village Assessor on or before the Village's taxable status date and be approved in order for the exemption 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.
B. 
At least 60 days prior to the first day of October, which is the taxable status date of the Incorporated Village of Freeport, the assessing authority 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 be granted. Failure to mail any such application form and notice 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.