[Amended 3-6-2000 by L.L. No. 1-2000; 12-16-2002 by L.L. No. 2-2003; 2-2-2004 by L.L. No. 2-2004; 1-4-2007 by L.L. No. 2-2007; 8-4-2008 by L.L. No. 5-2008; 7-20-2009 by L.L.
No. 4-2009; 2-6-2023 by L.L. No. 4-2023]
Effective as hereinafter provided, there shall
be an exemption from taxation for general City purposes to the extent
of the percentage of assessed valuation provided in the following
schedule, determined by the maximum income exemption eligibility level,
also provided in the following schedule, up to a maximum of 50% of
the assessed valuation of real property owned by a person with a disability,
or by one spouse, or both spouses, or by siblings, at least one of
whom has a disability, or whose income, as hereinafter defined, is
limited by reason of such disability:
Annual Income
|
Percentage of Assessed Value Exempt from
Taxation
|
---|
$50,000 or less
|
50%
|
More than $50,000 and up to $51,000
|
45%
|
More than $51,000 and up to $52,000
|
40%
|
More than $52,000 and up to $53,000
|
35%
|
More than $53,000 and up to $53,900
|
30%
|
More than $53,900 and up to $54,800
|
25%
|
More than $54,800 and up to $55,700
|
20%
|
More than $55,700 and up to $56,600
|
15%
|
More than $56,600 and up to $57,500
|
10%
|
More than $57,500 and up to $58,400
|
5%
|
More than $58,400
|
0%
|
As used in article, the following terms shall
have the meanings indicated:
PERSON WITH A 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:
A.
Is certified to receive social security disability
insurance (SSDI) or supplemental security income (SSI) benefits under
the federal Social Security Act; or
B.
Is certified to receive railroad retirement
disability benefits under the Federal Railroad Retirement Act; or
C.
Had received a certification from the State
Commission for the Blind and Visually Handicapped stating that such
person is legally blind.
SIBLING
A brother or a sister, whether related through half blood,
whole blood or adoption.
An award letter from the Social Security Administration
or the Railroad Retirement Board or a certification from the State
Commission for the Blind and Visually Handicapped shall be submitted
as proof of disability when making application for the exemption.
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 for the same tax purpose pursuant
to both this article and § 467 of the Real Property Tax
Law.
Notwithstanding any other provisions 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
pursuant to this article.
No exemption shall be granted:
A. 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
sums authorized by the provisions of § 459-c of the Real
Property Tax Law. "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 spouse, their combined income may not exceed such
sum, except where one spouse, or ex-spouse, is absent from the property
due to divorce, legal separation or abandonment, then only the income
of the spouse or ex-spouse residing in the property shall be considered
and may not exceed such sum. Where title is vested in siblings, their
combined income 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,
inheritance or moneys earned through employment in the 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 by insurance.
In computing net rental income and net income from self-employment,
net depreciation deduction shall be allowed for the exhaustion or
wear and tear of real or personal property held for the production
of income.
[Amended 2-6-2023 by L.L. No. 4-2023]
B. Unless the property is used exclusively for residential
purposes; however, in the event that 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
by this article.
C. Unless the real property is the legal residence 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 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.