The purpose of this article is to grant persons
with disabilities who meet the requirements set forth in New York
State Real Property Tax Law § 459-c the maximum real property
tax exemption.
[Amended 3-8-2001 by L.L. No. 5-2001]
A. Real property owned by one or more persons with disabilities, as defined in Real Property Tax Law §459-c, or owned by a husband, wife, or both, or siblings, at least one of whom has a disability, and whose income or combined incomes are limited by reason of such disability, shall be exempt from Town taxes up to a maximum of 50% of the assessed valuation, as provided in §459-c of the Real Property Tax Law, pursuant to
Schedule A attached hereto and subject to the provisions of §459-c
of the Real Property Tax Law.
[Amended 1-16-2003 by L.L. No. 1-2003; 3-11-2004 by L.L. No.
1-2004; 3-8-2007 by L.L. No. 3-2007]
B. The income of the owner or the combined income of
the owners of the property from all sources, as set forth in Real
Property Tax Law §459-c, for the income tax year immediately
preceding the date of making application for exemption must not exceed
the maximum income exemption eligibility level for the granting of
partial exemption from real property taxation as provided herein.
“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.
[Amended 1-16-2003 by L.L. No. 1-2003; 3-11-2004 by L.L. No.
1-2004; 3-8-2007 by L.L. No. 3-2007]
C. Only that portion of property used exclusively for
residential purposes shall be eligible for exemption pursuant to this
article.
D. Except as otherwise provided for in Real Property
Tax Law § 459-c, to be eligible for exemption pursuant to
this article, property must be the legal residence, and be occupied,
in whole or in part, by the disabled person.
E. Any exemption provided by this article shall be computed
after all other partial exemptions allowed by law have been subtracted
from the total amount assessed; provided, however, that no parcel
may receive both an exemption pursuant to this article and a senior
citizens' tax exemption pursuant to this chapter.
F. Notwithstanding any other provision of this article
to the contrary, the provisions of this article shall apply to real
property held in trust solely for the benefit of a person or persons
who would otherwise be eligible for a real property tax exemption
pursuant to this article were such person or persons the owner or
owners of such real property.
Application for an exemption pursuant to this
article must be filed by the owner or by all of the owners of the
property, annually in the Assessor's office on forms prescribed by
the New York State Board of Real Property Services on or before the
appropriate taxable status date.
As set forth in Real Property Tax Law § 459-c,
Subdivision 6, title to that portion of real property owned by a cooperative
apartment corporation in which a tenant-stockholder resides and which
is represented by his or her share or shares of stock in such corporation
determined by its or their proportional relationship to the total
outstanding stock of the corporation, including that owned by the
corporation, shall be deemed to be vested in such tenant-stockholder.
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 real
property owned by such cooperative apartment corporation in which
such tenant-stockholder resides shall be subject to exemption from
taxation pursuant to Real Property Tax Law § 459-c, 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.