[Adopted 3-13-1973; amended in its entirety 8-10-1993]
[Amended 9-10-1996 by L.L. No. 2-1996]
A. 
Real property owned by one or more persons, each of whom is 65 years of age or over; or real property owned by a husband and wife or by siblings, one of whom is 65 years of age or over, shall be exempt from taxation for Town purposes to the extent as provided in the following schedule:
[Amended 3-12-2002 by L.L. No. 1-2002; 4-13-2004 by L.L. No. 2-2004; 7-9-2013 by L.L. No. 4-2013]
Annual Income
Exemption
Less than $18,025
50%
$18,025 to $19,024.99
45%
$19,025 to $20,024.99
40%
$20,025 to $21,024.99
35%
$21,025 to $21,924.99
30%
$21,925 to $22,824.99
25%
$22,825 to $23,724.99
20%
$23,725 to $24,624.99
15%
$24,625 to $25,524.99
10%
B. 
For the purposes of this section, "sibling" shall mean a brother or sister, whether related through half blood or whole blood or adoption.
C. 
Any exemption provided by this article shall be computed after all other partial exemptions allowed by law have been subtracted by the total amount assessed.
D. 
The real property tax exemption on the real property owned by a husband and wife, one of whom is 65 years of age or over, once granted shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.
No exemption shall be granted:
A. 
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 sum of $25,524.99. "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 as provided in Subsection D of this section, 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 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 or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion and wear and tear of real or personal property held for the production of income.
[Amended 7-9-2013 by L.L. No. 4-2013]
B. 
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 date of making application for exemption; provided, however, that, in the event of the death of either a husband or wife in whose name the 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 by 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 or 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 purposes of computing such period of 12 consecutive months. Where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners 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 section. 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 the properties shall be deemed for the purposes of the exemption from taxation by a municipality within the state granting such exemption. Where the owner or owners title to property which, as of the date of transfer, was exempt from taxation under the provisions of this article, the reacquisition of the 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 of an owner or owners, 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 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.
[Amended 7-9-2013 by L.L. No. 4-2013]
C. 
Unless the property is used exclusively for residential purposes; provided, however, that, in the event that 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 by this article.
D. 
Unless the real property is the legal residence of and is occupied, in whole or in part, by the owner or by all of the owners of the property, except where the 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 be income only 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 an ex-wife and either is absent from the residence due to divorce, legal separation or abandonment and all other provisions of this article 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.
[Amended 9-10-1996 by L.L. No. 2-1996]
The Town of Somerset shall notify or cause to be notified each person owning residential real property in Town of Somerset of the provisions of this article. The provisions of this section may be met by a notice or legend sent on or with each tax bill to such person, reading: "You may be eligible for senior citizen tax exemption. Senior citizens have until (month, day, year) to apply for such exemptions. For more information, please call or write the Town Assessor (followed by the name, telephone number and/or address of a person or department selected by a municipal corporation to explain the provisions of this article)." Failure to notify or cause to be notified any person who is eligible to receive the exemption provided by this article or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of taxes on property owned by such person.
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 appropriate assessing authority, 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 on or before the appropriate taxable status date. Notwithstanding any other provision of law, any person otherwise qualifying under this article shall not be denied the exemption under this article if he becomes 65 years of age after the appropriate taxable status date and on or before December 31 of the same year.
B. 
At least 60 days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted an exemption pursuant to this article on the latest completed assessment roll an application form and a notice that such application must be filed on or before taxable status date and be approved in order for the exemption to be granted. The assessing authority shall, within three days of the completion and filing of the tentative assessment roll, notify, by mail, any applicant who has included with his application at least one self-addressed prepaid envelope of the approval or denial of the application; provided, however, that the assessing authority shall, upon the receipt and filing of the application, send, by mail, notification of receipt to any applicant who has included two of such envelopes with the application. Where an applicant is entitled to a notice of denial pursuant to this subsection, such notice shall be on a form prescribed by the State Board and shall state the reason for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail any such application form or notices or the failure of such person to receive any of the same shall not prevent the levy, collection and enforcement of the payment of the tax on property owned by such person.
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 $100 and shall disqualify the applicant or applicants from further exemption for a period of five years.