The purpose of this article is to provide an
exemption from taxation to certain senior citizens within the Village
of Cobleskill as allowed under § 467 of the Real Property
Tax Law of the State of New York.
No exemption shall be granted:
A. Unless the owner shall have held an exemption under
this article for his or her previous residence or unless the title
of the property shall have been vested in the owner or one of the
owners of the property for at least 12 consecutive months prior to
the making of the application for exemption; provided, however, that
in event of the death of either a husband or wife in whose name title
of the property shall have been vested at the time of death and then
becomes vested solely in the survivor by virtue of devise or descent
from the deceased husband or wife, the time of ownership of the property
by the deceased husband or wife shall be deemed also a time of ownership
by the survivor and such ownership shall be deemed continuous for
the purposes of computing such period of 12 consecutive months. In
the event of a transfer by either a husband of wife to the other spouse
of all or part of the title to the property, the time of ownership
of the property by the transferor spouse shall be deemed also a time
of ownership by the transferee spouse and such ownership shall be
deemed continuous for the purpose of computing such period of twelve
consecutive months. Where property of the owner or owners has been
acquired to replace property formerly owned by such owner or owners
and taken by eminent domain or other involuntary proceeding, except
a tax sale, the period of ownership of the former property shall be
combined with the period of ownership of the property for which application
is made for exemption and such periods of ownership shall be deemed
to be consecutive for purposes of this article. Where a residence
is sold and replaced with another within one year and both residences
are within the state, the period of ownership of both properties shall
be deemed consecutive for the purposes of the exemption from taxation
by the Village of Cobleskill. Where the owner or owners transfer title
to property which as of the date of the transfer was exempt from taxation
under provisions of this article, the reacquisition of title by such
owner or owners within nine months of the date of transfer shall be
deemed to satisfy the requirement of this subsection that the title
of the property shall have been vested in the owner or one of the
owners for such period of 12 consecutive months. Where, upon or subsequent
to the death of an owner or owners, title to property, which as of
the date of such death was exempt from taxation under such provisions,
becomes vested, by virtue of devise or descent from the deceased owner
or owners or by transfer by any other means within nine months after
such death, solely in a person or persons who, at the time of such
death, maintained such property as a primary residence, the requirement
of this subsection that the title of the property shall have been
vested in the owner or one of the owners for such period of 12 consecutive
months shall be deemed satisfied.
B. Unless the property is used exclusively for residential
purposes, provided, however, that in the event that any portion of
such property is not 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 by this section.
C. Unless the real property is the legal residence of
and is occupied in whole or in part by the owner of by all of the
owners of the property except where an owner 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
only be income to the extent that it exceeds the amount paid by such
owner, spouse or co-owner for care in the facility, and provided,
further, that during such confinement such property is not occupied
by other than the spouse or co-owner of such owner; or the real property
is owned by a husband and/or wife or an ex-husband and/or and ex-wife
and either is absent from the residence due to divorce, legal separation
or abandonment and all other provisions of this section are met provided
that where an exemption was previously granted when both resided on
the property, then the person remaining on the real property shall
be 62 years of age or over.