[Adopted 3-12-1984 by L.L. No. 1-1984]
An improvement to any real property used solely
for residential purposes as a one-, two- or three-family residence
shall be exempt from taxation to the extent of any increase in value
attributable to such improvement if such improvement is used for the
purpose of facilitating and accommodating the use and accessibility
of such real property by a resident owner of the real property who
is physically disabled or a member of the resident owner's household
who is physically disabled, if such member resides on the real property.
Such exemption shall apply to improvements constructed
after January 1, 1984, only.
[Amended 1-22-1990 by L.L. No. 1-1990]
To qualify as physically disabled, for the purposes
of this article, an individual shall submit to the Assessor a certified
statement from a physician licensed to practice in the state, on a
form prescribed and made available by the State Board of Equalization
and Assessment, which states that the individual has a permanent physical
impairment which substantially limits one or more of such individual's
major life activities, except that an individual who has obtained
a certificate from the State Commission for the Blind and Visually
Handicapped stating that such individual is legally blind may submit
such certificate in lieu of a physician's certified statement.
[Amended 1-22-1990 by L.L. No. 1-1990]
Such exemption shall be granted only upon application
by the owner or all of the owners of the real property on a form prescribed
and made available by the State Board of Equalization and Assessment.
The applicant shall furnish such information as the Board shall require.
The application shall be filed, together with the appropriate certified
statement of physical disability or certificate of blindness, with
the Assessor of the appropriate county, city, town or village on or
before the taxable status date of such county, city, town or village.
A.
If the Assessor is satisfied that the improvement is necessary to facilitate and accommodate the use and accessibility by a resident who is physically disabled and that the applicant is entitled to an exemption pursuant to this article, the Assessor shall approve the application and enter the taxable assessed value of the parcel for which an exemption has been granted pursuant to this article on the assessment roll with the taxable property, with the amount of the exemption as determined pursuant to § 101-5 of this article in a separate column.
B.
Once granted, the exemption shall continue on the
real property until the improvement ceases to be necessary to facilitate
and accommodate the use and accessibility of the property by the resident
who is physically handicapped.
