[Adopted 1-20-1971 by L.L. No. 1-1971]
[Amended 5-12-1999 by L.L. No. 8-1999]
Real property located within the Town of Rotterdam,
Schenectady County, New York, owned by one or more persons, each of
whom is 65 years of age or over, except in the case of property owned
by a husband and wife, one of whom is 65 years of age or over, shall
be exempt from taxation by the Town of Rotterdam to the extent of
50% of the assessed valuation thereof, subject to the limitations
hereinafter provided. Notwithstanding any other provision of law,
any person otherwise qualifying under this section shall not be denied
the exemption under this section if he becomes 65 years of age after
the appropriate taxable status date and on or before December 31 of
the same year.
[Last amended 1-24-2007 by L.L. No. 3-2007]
A.
Purpose: Adopting a graduated minimum income exemption
eligibility level for the granting of a partial exemption from real
property taxation to certain persons 65 years of age and applicable
for assessment rolls prepared on the basis of taxable status dates
occurring on or after March 1, 2005, for the Town of Rotterdam as
provided in § 467 of the Real Property Tax Law of the State
of New York pursuant to the following schedule:
|
2006
| ||
|---|---|---|
|
Senior Citizens (RP-467)
| ||
|
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
| ||
|---|---|---|
|
Senior Citizens (RP-467)
| ||
|
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
| ||
|---|---|---|
|
Senior Citizens (RP-467)
| ||
|
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
| ||
|---|---|---|
|
Senior Citizens (RP-467)
| ||
|
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%
| |
B.
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.
[Added 2-14-2001 by L.L. No. 3-2001]
For purposes of this exemption, ownership in
a cooperative apartment corporation shall be exempt as follows:
A.
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.
B.
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.
[Amended 4-17-1985 by L.L. No. 7-1985; 4-8-1987 by L.L. No. 4-1987]
A.
Application for such exemption must be made by the
owner or all of the owners of the property, on forms prescribed by
the State Board to be furnished by the Town Assessor's office, and
shall furnish the information and be executed in the manner required
or prescribed in such forms and shall be filed in such Assessor's
office by March 1 of each year.
B.
An application for renewal of a senior citizen exemption
granted pursuant to the Real Property Tax Law, as amended, in Chapter
534 of the Laws of 1984, §§ 467 and 467-d,[1] may be filed on or before the date for hearing of complaints
(Grievance Day), being the third Tuesday in May in the Town of Rotterdam.
[1]
Editor's Note: Section 467-d of the Real Property
Tax Law was repealed by L. 1985, c. 440, § 3, effective
January 2, 1986.
C.
Notwithstanding Subsection A of this section, an application for such exemption may be filed with the Assessor after the appropriate taxable status date but not later than the last date on which a petition with respect to complaints of assessment may be filed, where failure to file a timely application resulted from a death of the applicant's spouse, child, parent, brother or sister or an illness of the applicant or of the applicant's spouse, child, parent, brother or sister, which actually prevents the applicant from filing on a timely basis, as certified by a licensed physician. The Assessor shall approve or deny such application as if it had been filed on or before the taxable status date.
[Added 5-12-1999 by L.L. No. 8-1999]
D.
Any person who has been granted exemption pursuant to this section on five consecutive completed assessment rolls, including any years when the exemption was granted to a property owned by a husband and/or wife while both resided in such property, shall not be subject to the requirements set forth in Subsection A of this section. Any such person shall be mailed an application form and a notice informing him of his rights hereunder. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person, a sworn affidavit must be included with such payment which shall state that such person continues to be eligible for such exemption. Such affidavit shall be on a form prescribed by the State Board. If such affidavit is not included with the tax payment, the collecting officer shall proceed pursuant to § 551 of the New York State Real Property Tax Law.
[Added 5-12-1999 by L.L. No. 8-1999]
[Amended 6-12-2013 by L.L. No. 7-2013]
Any conviction of having made any willful false
statement in the application for such exemption shall be punishable
by a fine of not more than $500 and shall disqualify the applicant
or applicants from further exemption for a period of five years.
