Town of Rotterdam, NY Exemption for Disabled Persons With Limited Income

[Last amended 1-24-2007 by L.L. No. 4-2007]

Pursuant to § 459-c of the New York Real Property Tax Law, 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 hereafter defined, is limited by reason of such disability, shalt be exempt from taxation by the Town of Rotterdam to the extent as provided in the following schedule:

	2006
	Persons With Disabilities and Limited Incomes (RP-459-c)
	Annual Income	Percentage of Assessed Valuation Exempt From Taxation
	Less than $26,000	50%
	More than $26,001 but less than $26,999.99	45%
	More than $27,000 but less than $27,999.99	40%
	More than $28,000 but less than $28,999.99	35%
	More than $29,000 but less than $29,899.99	30%
	More than $29,900 but less than $30,799.99	25%
	More than $30,800 but less than $31,699.99	20%
	More than $31,700 but less than $32,599.99	15%
	More than $32,600 but less than $33,499.99	10%
	More than $33,500 but less than $34,399.99	5%

	2007
	Persons With Disabilities and Limited Incomes (RP-459-c)
	Annual Income	Percentage of Assessed Valuation Exempt From Taxation
	Less than $27,000	50%
	More than $27,001 but less than $27,999.99	45%
	More than $28,000 but less than $28,999.99	40%
	More than $29,000 but less than $29,999.99	35%
	More than $30,000 but less than $30,899.99	30%
	More than $30,900 but less than $31,799.99	25%
	More than $31,800 but less than $32,699.99	20%
	More than $32,700 but less than $33,599.99	15%
	More than $33,600 but less than $34,499.99	10%
	More than $34,500 but less than $35,399.99	5%

	2008
	Persons With Disabilities and Limited Incomes (RP-459-c)
	Annual Income	Percentage of Assessed Valuation Exempt From Taxation
	Less than $28,000	50%
	More than $28,001 but less than $28,999.99	45%
	More than $29,000 but less than $29,999.99	40%
	More than $30,000 but less than $30,999.99	35%
	More than $31,000 but less than $31,899.99	30%
	More than $31,900 but less than $32,799.99	25%
	More than $32,800 but less than $33,699.99	20%
	More than $33,700 but less than $34,599.99	15%
	More than $34,600 but less than $35,499.99	10%
	More than $35,500 but less than $36,399.99	5%

	2009
	Persons With Disabilities and Limited Incomes (RP-459-c)
	Annual Income	Percentage of Assessed Valuation Exempt From Taxation
	Less than $29,000	50%
	More than $29,001 but less than $29,999.99	45%
	More than $30,000 but less than $30,999.99	40%
	More than $31,000 but less than $31,999.99	35%
	More than $32,000 but less than $32,899.99	30%
	More than $32,900 but less than $33,799.99	25%
	More than $33,800 but less than $34,699.99	20%
	More than $34,700 but less than $35,599.99	15%
	More than $35,600 but less than $36,499.99	10%
	More than $36,500 but less than $37,399.99	5%

The aforesaid exemption may be subject to the following conditions, to wit:

(1)

No exemption shall be granted if the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the maximum sum listed in any given year. "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 moneys 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 insurance. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion or wear and tear of real or personal property held for the production of income.

(2)

No exemption shall be granted 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 herein.

(3)

No exemption shall be granted 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 the 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.

For purposes of this exemption, ownership in a cooperative apartment corporation shall be exempt as follows:

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.

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 section 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.