A full or partial exemption shall be granted subject to the following provisions:
(a) Ownership. The title of the property for which an exemption is claimed must be held on January 1 of the taxable year, by the person or persons claiming the exemption, each of whom must also be (i) 65 years of age or older, or (ii) permanently and totally disabled on December 31 of the year immediately preceding the taxable year. A dwelling jointly owned by spouses, with no other joint owners, may qualify if either spouse is 65 years of age or older or is permanently and totally disabled. Real property owned and occupied as the sole dwelling of an eligible person includes real property (i) held by the eligible person alone or in conjunction with their spouse as tenant or tenants for life or joint lives, (ii) held in a revocable inter vivos trust over which the eligible person or the eligible person and their spouse hold the power of revocation, or (iii) held in an irrevocable trust under which an eligible person alone or in conjunction with their spouse possesses a life estate or an estate for joint lives or enjoys a continuing right of use or support. The term “eligible person” does not include any interest held under a leasehold or term of years.
(b) Occupancy. The property must be occupied as the sole dwelling of the person or persons claiming the exemption, either of whom must also be (i) 65 years of age or older, or (ii) permanently and totally disabled on December 31 of the year immediately preceding the taxable year. The primary residence owned by a person otherwise qualified for exemption under this chapter who is not actually occupying the same while a patient in a hospital, nursing home, convalescent home or other facility for physical or mental care for an extended period of time shall continue to be deemed such qualifying owner's dwelling; provided, however, that such residence is not used by or leased to others for consideration.
(c) Income and Net Worth. Gross combined income of the person or persons claiming the exemption shall be computed by adding together the total income received during the preceding calendar year, without regard to whether an income tax return is actually filed, by (i) owners of the dwelling who use it as their principal residence and (ii) owners' relatives who live in the dwelling provided that the first ten thousand dollars ($10,000) of income of the owner's spouse and each relative of the owner or owners, who is living in the dwelling, shall not be included in such total. The gross combined income shall exclude all disability income of the owner, owner's spouse or any relative of the owner or owner’s spouse residing in the dwelling during the calendar year immediately preceding the taxable year Disability income to be excluded from the qualifying household income calculation does not include dependent or auxiliary disability benefits received. Such dependent or auxiliary disability benefits shall be included in the gross household income calculation.
The net worth of the person or persons claiming the exemption as of December 31 of the calendar year immediately preceding the taxable year shall include the value of all assets, including the present value of all equitable interests of the owner or owners and the owner's spouse, and shall exclude the fair market value of the dwelling. In addition, the value of the land upon which the dwelling is situated, up to a maximum of 10 acres, shall also be excluded.
(d) Full Exemption. A person(s) meeting all criteria specified in (a) and (b) shall receive a one hundred percent (100%) exemption from the real property tax levy on their sole residence and up to three acres of land, if their income as defined in (c) does not exceed seventy- seven thousand dollars ($77,000) and their net worth as defined in (c) does not exceed four hundred forty thousand dollars ($440,000).
(e) Partial Exemption. A person(s) meeting all criteria specified in (a) and (b) shall receive fifty percent exemption from the real property tax levy on their sole residence and up to three acres of land if their income as defined in (c) and their net worth as defined in (c) fall into any one of the following ranges:
(1) Income does not exceed seventy thousand dollars ($70,000) and net worth is greater than four hundred forty thousand dollars ($440,000) but does not exceed five hundred sixty thousand dollars ($560,000); or
(2) Income does not exceed sixty-three thousand dollars ($63,000) and net worth is greater than five hundred sixty thousand dollars ($560,000) but does not exceed six hundred eighty thousand dollars ($680,000); or
(3) Income does not exceed fifty-six thousand dollars ($56,000) and net worth is greater than six hundred eighty thousand dollars ($680,000) but does not exceed eight hundred thousand dollars ($800,000); or
(4) Income does not exceed forty-nine thousand dollars ($49,000) and net worth is greater than eight hundred thousand dollars ($800,000) but does not exceed nine hundred twenty thousand dollars ($920,000).
(f) The Board of Supervisors will review the qualifying income provisions of this chapter beginning in calendar year 2024 and every fourth year thereafter. The Commissioner will compile data which will include but is not limited to changes in CPI in the Washington Metro Region, Department of Housing and Urban Development (HUD) Metrics, local housing assessments and foregone revenue since the last review was conducted. The Commissioner will present the data to the County Board for consideration of any changes or updates to this chapter.
(Ord. 98-12. Passed 11-4-98; Ord. 01-09. Passed 9-7-01; Ord. 04-16. Passed 12-14-04; Ord. 06-14. Passed 12-5-06; Ord. 07-15. Passed 12-18-07; Ord. 11-19. Passed 12-12-11; Ord. 14-11. Passed 12-10-14; Ord. 15-06. Passed 11-4-15; Ord. 17-13. Passed 12-13- 17; Ord. 21-06. Passed 7-14-21.)