[Adopted 12-8-1998 by L.L. No. 9-1998]
The purpose of this article is to grant a partial residential real property tax exemption up to 50% percent 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 is certified to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits under the Federal Social Security Act, or is certified to receive Railroad Retirement Disability benefits under the Federal Railroad Retirement Act, or 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.
A. 
All 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 hereinafter defined, is limited by reason of such disability, shall be exempt from taxation as defined in the Real Property Tax Law, by the Town of Stony Point, to the extent set forth herein.
B. 
The term "real property" shall include title to that portion of real property owned by a cooperative apartment corporation in which a tenant-stockholder of such corporation resides. 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 buildings thereon owned by such cooperative apartment corporation in which such tenant-stockholder resides shall be subject to exemption from taxation pursuant to this article. Any exemption granted shall be credited 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.
C. 
Any exemption provided 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 municipal tax purpose pursuant to Real Property Law §§ 467 and § 459-c.
D. 
Notwithstanding any other provision 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 were such person or persons the owner or owners of such real property.
A. 
The Town of Stony Point, for assessment rolls prepared on the basis of the taxable status date occurring on or after July 1, 2022, provides the following partial exemptions from real property taxation, as set forth in the following schedule:
[Amended 1-14-2003 by L.L. No. 2-2003; 5-11-2004 by L.L. No. 4-2004; 1-9-2007 by L.L. No. 3-2007[1]; 10-23-2018 by L.L. No. 7-2018; 1-10-2023 by L.L. No. 1-2023]
Annual Income Ranges
Percentage of Assessed Valuation Exempt from Taxation
Less than $50,000
50%
$50,000, but less than $51,000
45%
$51,000, but less than $52,000
40%
$52,000, but less than $53,000
35%
$53,000, but less than $53,900
30%
$53,900, but less than $54,800
25%
$54,800, but less than $55,700
20%
$55,700, but less than $56,600
15%
$56,600, but less than $57,500
10%
$57,500, but less than $58,400
5%
[1]
Editor's Note: This local law provided that it shall become effective for the tax rolls prepared after 1-1-2007.
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 $8,400.00 consistent with the schedule provided in § 194-18A 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 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 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, 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.
This article shall become effective for the tax rolls prepared after January 1, 1999.