[Adopted 12-8-1998 by L.L. No. 9-1998]
The purpose of this article is to grant a partial
residential real property tax exemption up to 50% percent of the assessed
valuation which is owned by certain persons with disabilities similar
to the real property tax exemption granted to qualified senior citizens.
For the purpose of this article the following
terms shall have the meanings indicated:
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 is certified
to receive Social Security Disability Insurance (SSDI) or Supplemental
Security Income (SSI) benefits under the Federal Social Security Act,
or is certified to receive Railroad Retirement Disability benefits
under the Federal Railroad Retirement Act, or has received a certificate
from the State Commission for the Blind and Visually Handicapped stating
that such person is legally blind.
A brother or a sister, whether related through half blood,
whole blood or adoption.
Application for 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 appropriate assessor's
office on or before the appropriate taxable status date; provided,
however, that proof of a permanent disability need be submitted only
in the year that the exemption, pursuant to this section, is first
sought or the disability is first determined to be permanent. An award
letter from the Social Security Administration or the Railway Retirement
Board or a certificate from the State Commission for the Blind and
Visually Handicapped shall be submitted as proof of disability.
A.
All 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 as defined in the Real Property Tax Law, by
the Town of Stony Point, to the extent set forth herein.
B.
The term "real property" shall include title to that
portion of real property owned by a cooperative apartment corporation
in which a tenant-stockholder of such corporation resides. 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 buildings thereon
owned by such cooperative apartment corporation in which such tenant-stockholder
resides shall be subject to exemption from taxation pursuant to this
article. Any exemption granted shall be credited 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.
C.
Any exemption provided 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
an exemption for the same municipal tax purpose pursuant to Real Property
Law §§ 467 and § 459-c.
D.
Notwithstanding any other provision of law 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 were such
person or persons the owner or owners of such real property.
A.
The Town of Stony Point, for assessment rolls prepared
on the basis of the taxable status date occurring on or after July
1, 2022, provides the following partial exemptions from real property
taxation, as set forth in the following schedule:
[Amended 1-14-2003 by L.L. No. 2-2003; 5-11-2004 by L.L. No.
4-2004; 1-9-2007 by L.L. No. 3-2007[1]; 10-23-2018 by L.L.
No. 7-2018; 1-10-2023 by L.L. No. 1-2023]
|
Annual Income Ranges
|
Percentage of Assessed Valuation Exempt
from Taxation
|
|---|---|
|
Less than $50,000
|
50%
|
|
$50,000, but less than $51,000
|
45%
|
|
$51,000, but less than $52,000
|
40%
|
|
$52,000, but less than $53,000
|
35%
|
|
$53,000, but less than $53,900
|
30%
|
|
$53,900, but less than $54,800
|
25%
|
|
$54,800, but less than $55,700
|
20%
|
|
$55,700, but less than $56,600
|
15%
|
|
$56,600, but less than $57,500
|
10%
|
|
$57,500, but less than $58,400
|
5%
|
[1]
Editor's Note: This local law provided that
it shall become effective for the tax rolls prepared after 1-1-2007.
B.
No exemption shall be granted under the provisions
of this article:
(1)
If the income of the owner or combined income of the owners of the property for the income tax year immediately preceding the date of making application exceeds the sum of the maximum income exemption eligibility level for the granting of a partial exemption from real property taxation as provided in Real Property Tax Law § 459(c) ($18,500), plus an amount not to exceed $8,400.00 consistent with the schedule provided in § 194-18A hereof. "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 was 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 moneys earned through employment in the federal foster grandparents 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.
(2)
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 herein.
(3)
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.
(4)
Unless 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 share
or shares of stock in such corporation as 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.
This article shall become effective for the
tax rolls prepared after January 1, 1999.
