The purpose of this article is to grant the maximum possible real property tax exemption to persons with disabilities who meet the requirements set forth in New York State Real Property Tax Law § 459-c.
[Adopted 11-2-2000 by L.L. No. 7-2000 (Ch. 183, Art. III, of the 1987 Code)]
[Amended 3-12-2003 by L.L. No. 3-2003; 2-14-2007 by L.L. No. 4-2007; 11-18-2015 by L.L. No. 9-2015]
Real property owned by one or more persons with disabilities, as defined in New York State Real Property Tax Law § 459-c, or owned by a husband, wife, or both, or by siblings, at least one of whom has a disability, and whose income or combined incomes is limited by reason of such disability, shall be exempt from taxes up to a maximum of 50% of the assessed valuation, pursuant to the schedule below and attached hereto as Schedule A[1] and subject to the following conditions:
Income Schedule for Partial Exemptions for Senior Citizens and Disabled Citizens for June 1, 2010, Assessment Roll Effective as of 2011 Tax Billing Cycle | ||
|---|---|---|
Annual Income | Percentage of Assessed Valuation Exempt From Taxation | |
Less than $29,000 | 50% | |
At least $29,000.01 but less than $29,999.99 | 45% | |
At least $30,000 but less than $30,999.99 | 40% | |
At least $31,000 but less than $31,999.99 | 35% | |
At least $32,000 but less than $32,899.99 | 30% | |
At least $32,900 but less than $33,799.99 | 25% | |
At least $33,800 but less than $34,699.99 | 20% | |
At least $34,700 but less than $35,599.99 | 15% | |
At least $35,600 but less than $36,499.99 | 10% | |
At least $36,500 but less than $37,399.99 | 5% | |
A.
The income of the owner or the combined income of the owners of the property, from all sources, as set forth in New York State 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 the partial exemption from real property taxation as provided herein. "Income tax year" shall mean the twelve-month period for which the owner or owners file a federal personal income tax return or, if no return is filed, the calendar year.
B.
Only that portion of property used exclusively for residential purposes shall be eligible for exemption pursuant to this article.
C.
Except as otherwise provided for in New York State Real Property Tax Law § 459-c, to be eligible for exemption pursuant to this article, property must be the legal residence of, and be occupied by, in whole or in part, 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 Public Health Law § 2801, provided that any income accruing to that person shall be considered income for purposes of this article 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.
D.
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 Chapter 470 of the Laws of Westchester County or Article II of this chapter.
E.
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.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
[Amended 11-18-2015 by L.L. No. 9-2015]
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 Commissioner of Taxation and Finance on or before the appropriate taxable status date.
As set forth in Subdivision 6 of § 459-c of the New York State Real Property Tax Law, 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 § 459-c of the New York State Real Property Tax Law, 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.