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 possible
real property tax exemption.
[Amended 5-20-2003 by L.L. No. 1-2003]
A. Real property owned by one or more persons with disabilities,
as defined by 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 following
schedules and subject to the following conditions:
[Amended 5-4-2004 by L.L. No. 7-2004; 5-15-2007 by L.L. No.
6-2007; 12-7-2022 by L.L. No. 7-2022]
2007 Tax Assessment Roll, June 1, 2007,
Taxable Status Date
|
---|
Annual Income
|
Percentage of Assessed Value Exempt from
Taxation
|
---|
$0 to $26,000.00
|
50%
|
$26,000.01 to $26,999.99
|
45%
|
$27,000 to $27,999.99
|
40%
|
$28,000 to $28,999.99
|
35%
|
$29,000 to $29,899.99
|
30%
|
$29,900 to $30,799.99
|
25%
|
$30,800 to $31,699.99
|
20%
|
$31,700 to $32,599.99
|
15%
|
$32,600 to $33,499.99
|
10%
|
$33,500 to $34,399.99
|
5%
|
2008 Tax Assessment Roll, June 1, 2008,
Taxable Status Date
|
---|
Annual Income
|
Percentage of Assessed Value Exempt from
Taxation
|
---|
$0 to $27,000
|
50%
|
$27,000.01 to $27,999.99
|
45%
|
$28,000 to $28,999.99
|
40%
|
$29,000 to $29,999.99
|
35%
|
$30,000 to $30,899.99
|
30%
|
$30,900 to $31,799.99
|
25%
|
$31,800 to $32,699.99
|
20%
|
$32,700 to $33,599.99
|
15%
|
$33,600 to $34,499.99
|
10%
|
$34,500 to $35,399.99
|
5%
|
2009 Tax Assessment Roll, June 1, 2009,
Taxable Status Date
|
---|
Annual Income
|
Percentage of Assessed Value Exempt from
Taxation
|
---|
$0 to $28,000.00
|
50%
|
$28,000.01 to $28,999.99
|
45%
|
$29,000 to $29,999.99
|
40%
|
$30,000 to $30,999.99
|
35%
|
$31,000 to $31,899.99
|
30%
|
$31,900 to $32,799.99
|
25%
|
$32,800 to $33,699.99
|
20%
|
$33,700 to $34,599.99
|
15%
|
$34,600 to $35,499.99
|
10%
|
$35,500 to $36,399.99
|
5%
|
2010 Tax Assessment Roll, June 1, 2010,
Taxable Status Date, and thereafter
|
---|
Annual Income
|
Percentage of Assessed Value Exempt from
Taxation
|
---|
$0 to $29,000.00
|
50%
|
$29,000.01 to $29,999.99
|
45%
|
$30,000 to $30,999.99
|
40%
|
$31,000 to $31,999.99
|
35%
|
$32,000 to $32,899.99
|
30%
|
$32,900 to $33,799.99
|
25%
|
$33,800 to $34,699.99
|
20%
|
$34,700 to $35,599.99
|
15%
|
$35,600 to $36,499.99
|
10%
|
$36,500 to $37,399.99
|
5%
|
Taxable Status Date May 1, 2023, and thereafter
|
---|
Annual Income
|
Percentage of Assessed Value Exempt from
Taxation
|
---|
$0 to $50,000.00
|
50%
|
$50,000.01 to $50,999.99
|
45%
|
$51,000 to $51,999.99
|
40%
|
$52,000 to $52,999.99
|
35%
|
$53,000 to $53,899.99
|
30%
|
$53,900 to $54,799.99
|
25%
|
$54,800 to $55,699.99
|
20%
|
$55,700 to $56,599.99
|
15%
|
$56,600 to $57,499.99
|
10%
|
$57,500 to $58,399.99
|
5%
|
B. 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 $50,000.00 commencing July 1, 2022. Provided that for the purposes of this chapter, income shall not include medical and prescription drug expenses actually paid which were not reimbursed or paid by insurance as set forth in § 459-c Subdivision 5(a) of the Real Property Tax Law. Notwithstanding the foregoing, in the event the maximum allowable income established under Real Property Tax Law § 459-c for persons with disabilities is reduced or increased by operation of law to an amount less or more than $50,000.00, the maximum allowable incomes under §
241-17A shall automatically reduce or increase to said statutory maximum allowable income. "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 ever filed, the calendar year.
[Amended 5-4-2004 by L.L. No. 7-2004; 5-15-2007 by L.L. No.
6-2007; 12-7-2022 by L.L. No. 7-2022]
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 New York State
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 § 467 of the New York
State Real Property Tax Law.
F. Notwithstanding any other provisions 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.
Pursuant to 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.