The purpose of this article is to grant a partial
residential real property tax exemption up to 50% of the assessed
valuation which is owned by certain persons with disabilities similar
to the real property tax exemption granted to qualified senior citizens.
For the purpose of this article, the following
terms shall have the meanings indicated:
A PERSON WITH A DISABILITY
One who has a physical or mental impairment, not due to current
use of alcohol or illegal drug use, 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.
Has received a certificate 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.
Application for 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 appropriate assessor's
office on or before the appropriate taxable status date; provided,
however, that proof of a permanent disability need be submitted only
in the year that the exemption, pursuant to this section, is first
sought or the disability is first determined to be permanent. An award
letter from the Social Security Administration or the Railway Retirement
Board or a certificate from the State Commission for the Blind and
Visually Handicapped shall be submitted as proof of disability.
[Amended 5-1-2001 by L.L. No. 9-2001]
A. The County of Rockland, for assessment rolls prepared
on the basis of the taxable status date occurring on or after the
effective dates listed herein, provides the following partial exemptions
from real property taxation, as set forth in the following schedule:
[Amended 1-21-2003 by L.L. No. 1-2003; 1-20-2004 by L.L. No.
1-2004]
(1) Effective July 1, 2006:
Annual Income of Applicant or Applicants
|
Percentage of Assessed Valuation Exempt
From Taxation
|
---|
$26,000 or less
|
50%
|
More than $26,000 but less than $27,000
|
45%
|
More than $27,000 but less than $28,000
|
40%
|
More than $28,000 but less than $29,000
|
35%
|
More than $29,000 but less than $29,900
|
30%
|
More than $29,900 but less than $30,800
|
25%
|
More than $30,800 but less than $31,700
|
20%
|
More than $31,700 but less than $32,600
|
15%
|
More than $32,600 but less than $33,500
|
10%
|
More than $33,500 but less than $34,400
|
5%
|
(2) Effective July 1, 2007:
Annual Income of Applicant or Applicants
|
Percentage of Assessed Valuation Exempt
From Taxation
|
---|
$27,000 or less
|
50%
|
More than $27,000 but less than $28,000
|
45%
|
More than $28,000 but less than $29,000
|
40%
|
More than $29,000 but less than $30,000
|
35%
|
More than $30,000 but less than $30,900
|
30%
|
More than $30,900 but less than $31,800
|
25%
|
More than $31,800 but less than $32,700
|
20%
|
More than $32,700 but less than $33,600
|
15%
|
More than $33,600 but less than $34,500
|
10%
|
More than $34,500 but less than $35,400
|
5%
|
(3) Effective July 1, 2008:
Annual Income of Applicant or Applicants
|
Percentage of Assessed Valuation Exempt
From Taxation
|
---|
$28,000 or less
|
50%
|
More than $28,000 but less than $29,000
|
45%
|
More than $29,000 but less than $30,000
|
40%
|
More than $30,000 but less than $31,000
|
35%
|
More than $31,000 but less than $31,900
|
30%
|
More than $31,900 but less than $32,800
|
25%
|
More than $32,800 but less than $33,700
|
20%
|
More than $33,700 but less than $34,600
|
15%
|
More than $34,600 but less than $35,500
|
10%
|
More than $35,500 but less than $36,400
|
5%
|
(4) Effective July 1, 2009:
Annual Income of Applicant or Applicants
|
Percentage of Assessed Valuation Exempt
From Taxation
|
---|
$29,000 or less
|
50%
|
More than $29,000 but less than $30,000
|
45%
|
More than $30,000 but less than $31,000
|
40%
|
More than $31,000 but less than $32,000
|
35%
|
More than $32,000 but less than $32,900
|
30%
|
More than $32,900 but less than $33,800
|
25%
|
More than $33,800 but less than $34,700
|
20%
|
More than $34,700 but less than $35,600
|
15%
|
More than $35,600 but less than $36,500
|
10%
|
More than $36,500 but less than $37,400
|
5%
|
B. No exemption shall be granted under the provisions
of this article:
(1) If the income of the owner or combined income of the owners of the property for the income tax year immediately preceding the date of making application exceeds the sum of the maximum income exemption eligibility level for the granting of a partial exemption from real property taxation as provided in Real Property Tax Law § 459(c) ($18,500), plus an amount not to exceed $8,400, consistent with the schedule provided in §
355-74A hereof. "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 filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum, except that 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 monies earned through employment in the federal foster grandparents 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) 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
provided herein.
(3) 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 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.
(4) Unless 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.