[Adopted 3-4-1999 by L.L. No. 3-1999; amended 2-1-2001 by L.L. No. 1-2001; 3-6-2003 by L.L. No. 2-2003; 3-4-2004 by L.L. No. 1-2004]
Real property shall be exempt from taxation to the extent provided in the schedule herein, if it is owned by one or more persons with disabilities or if it is owned by a husband, wife, or both, or by siblings, at least one of whom has a disability, and whose income, as hereafter defined, is limited by reason of such disability. Such real property shall be exempt from taxation to the extent of 50% of the assessed valuation thereof, as hereinafter provided.
[Amended 3-22-2007 by L.L. No. 2-2007]
Real property tax exemptions for persons with disabilities are linked to annual income and based on a percentage of assessed valuation of property as indicated in the table that follows.
Annual Income
Tentative Assessment Roll
2007
2008
2009
2010
Percentage Assessed Value Exemp From Taxation
$26,000 or less
$27,000 or less
$28,000 or less
$29,000 or less
50%
$26,001 to $27,000
$27,001 to $28,000
$28,001 to $29,000
$29,001 to $30,000
45%
$27,001 to $28,000
$28,001 to $29,000
$29,001 to $30,000
$30,001 to $31,000
40%
$28,001 to $29,000
$29,001 to $30,000
$30,001 to $31,000
$31,001 to $32,000
35%
$29,001 to $29,900
$30,001 to $30,900
$31,001 to $31,900
$32,001 to $32,900
30%
$29,901 to $30,800
$30,901 to $31,800
$31,901 to $32,800
$32,901 to $33,800
25%
$30,801 to $31,700
$31,801 to $32,700
$32,801 to $33,700
$33,801 to $34,700
20%
$31,701 to $32,600
$32,701 to $33,600
$33,701 to $34,600
$34,701 to $35,600
15%
$32,601 to $33,500
$33,601 to $34,500
$34,601 to $35,500
$35,601 to $36,500
10%
$33,501 to $34,400
$34,501 to $35,400
$35,501 to $36,400
$36,501 to $37,400
5%
  For purposes of this article, the following terms shall have the meanings indicated:
PERSON WITH DISABILITY
One who has a physical or mental impairment, not due to current use of alcohol or illegal drugs, 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); 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. 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 shall be submitted as proof of disability.
SIBLING
A brother or a sister, whether related through half blood, whole blood, or adoption.
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 an exemption pursuant to both this article and Article IV, Senior Citizens Exemption, of this chapter, as amended.
No exemption shall be granted:
A. 
If the income of the owner or the combined income of the owners of the property making application for exemption, for the income tax year immediately preceding the date of making application for exemption, exceeds the sum of $29,900. “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 money 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 any 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 production of income; or
B. 
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 New York Public Health Law § 2801, 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.
A. 
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/her 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.
B. 
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 owned by such cooperative apartment corporation in which such tenant-stockholder resides, shall be subject to exemption from taxation pursuant to this article, 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.
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 Assessor for the City of Troy on or before June 1 of each year; provided, however, proof of a permanent disability need be submitted only in the year exemption pursuant to this article is first sought or the disability is first determined to be permanent.
At least 60 days prior to the appropriate taxable status date, the Assessor shall mail, to each person who was granted exemption pursuant to this article on the latest completed assessment roll, an application form and a notice that such application must be filed on or before June 1, and be approved, in order for the exemption to continue 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.
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 by eligible for a real property tax exemption, pursuant to § 257-21 of this article, were such person or persons the owner or owners of such real property.