[Adopted 4-12-2005 by L.L. No. 4-2005]
This article shall be a new section of the Code
of the Town of Gardiner entitled "Real Property Tax Exemption for
Living Quarters for Parents or Grandparents."
This article is enacted pursuant to the provisions
of New York State Real Property Tax Law § 469 and Municipal
Home Rule Law §§ 10 and 22.
A.
Pursuant to the provisions of New York State Real
Property Tax Law § 469, an exemption from taxation is granted
to the extent of any increase in assessed value of residential property
resulting from the construction or reconstruction of such property
for the purpose of providing living quarters for a parent or grandparent
who is 62 years of age or older.
B.
Rapidly increasing property taxes are placing a burden
on those citizens who are on fixed incomes. Senior citizens, especially,
are faced with the decision to move away from Gardiner and their family
and homes. The purpose of this article is to exempt, from real property
taxes to the extent provided by this article, a portion of the property
owned by persons who construct or reconstruct residential structures
for the purpose of providing living quarters for a parent or grandparent
of one of the owners.
A.
This exemption shall only apply to premises being
constructed or reconstructed for a parent or grandparent who has attained
the age of 62 years or older prior to the application for the exemption.
B.
Pursuant to the provisions of New York State Real
Property Tax Law § 469, an exemption from taxation is granted
to the extent of any increase in assessed value of residential property
resulting from the construction or reconstruction of such property
for the purpose of providing living quarters for a parent or grandparent
who is 62 years of age or older. Such exemption shall not exceed the
increase in assessed value resulting from construction or reconstruction
of such property, or 20% of the total assessed value of such property
as improved, or 20% of the median sale price of residential property
as reported in the most recent sales statistical summary published
by the State Board of Equalization and Assessment for the county in
which the property is located, whichever is less.
D.
Such exemption shall be applicable only to construction
or reconstruction which occurred subsequent to the effective date
of Real Property Tax Law § 469, and this article, and shall
only apply during taxable years during which at least one such parent
or grandparent maintains his/her primary place of residence in such
living quarters.
E.
Such exemption from taxation shall be granted upon
an application made annually, upon a form to be promulgated by the
New York State Board of Equalization and Assessment, by the owner
of such property to the Assessor of the city, Town, village or county
having the power to assess property for taxation on or before the
appropriate taxable status date of such city, Town, village or county.
If the Assessor is satisfied that the property is entitled to an exemption
pursuant to this section, the Assessor shall approve the application,
and such residential improvements shall be exempt from taxation and
special ad valorem levies, as provided in this section.
F.
For the purposes of this article, the term "parent
or grandparent" shall be deemed to include the natural and/or adoptive
parents or grandparents of the owner or the spouse of the owner.
Any conviction of having made any willful false
statement in the application for such exemption shall result in:
A.
Revocation of the exemption; and
B.
A civil penalty of not more than $250; and
C.
Disqualification of the applicant(s) from further
exemptions for a period of five years; and
D.
The applicant(s) refunding to the Town an amount equal
to five times the taxes saved in the last year in which the property
benefited from the exemption, plus interest at 9%.
