[Adopted 9-22-1966 (Ch. 154, Art. II, of the 1991 Code); amended in its entirety 12-5-2023 by L.L. No. 9-2023]
A.
The City of Fulton hereby exempts from taxation for a maximum up
to 50% of the assessed valuation of the real property belonging to
senior citizens in the City of Fulton who qualify for said exemption
pursuant to § 467 of the Real Property Tax Law of the State
of New York. Real property owned by one or more persons, each of whom
is 65 years of age or over, or real property owned by husband or wife
or by siblings, one of whom is 65 years of age or over, shall be exempt
from taxation for City purposes provided the owner(s) meet the qualifications
set forth in the schedule below. For the purposes of this article,
sibling shall mean a brother or a sister, whether related through
half blood, whole blood or adoption.
B.
Pursuant to § 467, Subdivision 1(b), of the Real Property
Tax Law, entitled "Persons 65 years of age or over," which states
"Any local law, ordinance or resolution adopted pursuant to paragraph
(a) of this subdivision may be amended, or a local law, ordinance
or resolution may be adopted, to provide an exemption so as to increase
the maximum income eligibility level of such municipal corporation
as provided in subdivision three of this section, to the extent provided
in the following schedule," the schedule of income eligibility shall
be as follows:
|
Annual Income
|
Percentage of Assessed Valuation Exempt from Taxation
|
|---|---|
|
$29,000 or less
|
50%
|
|
More than $29,000 but less than $30,000
|
45%
|
|
More than $29,999 but less than $31,000
|
40%
|
|
More than $30,999 but less than $32,000
|
35%
|
|
More than $31,999 but less than $32,900
|
30%
|
|
More than $32,899 but less than $33,800
|
25%
|
|
More than $33,799 but less than $34,700
|
20%
|
|
More than $34,699 but less than $35,600
|
15%
|
|
More than $35,599 but less than $36,500
|
10%
|
|
More than $36,499 but less than $37,400
|
5%
|
|
More than $37,399
|
0%
|
C.
Income qualifications.
(1)
The "applicable income tax year" as used herein shall mean the second
most recent calendar year.
(2)
The term "income" as defined herein shall mean "federal adjusted
gross income" for federal income tax purposes as reported on an applicant's
federal or state income tax return for the applicable income tax year,
as defined in and as is subject to any subsequent amendments to Real
Property Tax Law § 467(3)(iv), et seq.; provided, however,
if no such tax return was filed for the applicable income tax year,
the applicant's income shall be determined based on the amounts
that would have so been reported if such a return has been filed;
and provided further, that when determining income for purposes of
this section, the following conditions shall be applicable:
(a)
Any Social Security benefits not included in such federal adjusted
gross income (FAGI) shall be considered income;
(b)
Distributions received from an individual retirement account
or individual retirement annuity that were included in the applicant's
federal adjusted gross income (FAGI) shall be considered income and
shall not be excluded;
(c)
Any tax-exempt interest or dividends that were excluded from
the applicant's federal adjusted gross income (FAGI) shall be
considered income;
(d)
Any losses that were applied to reduce the applicant's
federal adjusted gross income (FAGI) shall be subject to the following
limitations:
(3)
Where title is vested in a married person, the combined income of such person and such person's spouse may not exceed such sum, except where one spouse or ex-spouse is absent from the property as provided in Subsection D(3)(b), then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum.
D.
Additional qualifications. No exemption shall be granted hereunder
unless:
(1)
The owner shall have held an exemption under this section for his
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 date of making application
for exemption, provided, however, that in the 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 by or descent from 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 purpose of computing
such period of 12 consecutive months. In the event of a transfer by
either 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 purpose
of computing such period of 12 consecutive months. Where property
of the owner or owners has been acquired to replace the 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 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 properties shall be deemed consecutive for purposes
of the exemption from taxation by a municipality within the state
granting such exemption. Where the owner or owners transfer title
to property which as of the date of transfer was exempt from taxation
under the provisions of this section, 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 paragraph 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 decent 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 paragraph 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;
(2)
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 provided by this section;
(3)
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,
(a)
An owner is absent from the residence while receiving health-related
care as an inpatient of a residential health care facility, as defined
in section 2801 of the Public Health Law, provided that any income
accruing to that person shall only 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,
(b)
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 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.
(4)
The real property otherwise meets the qualifications contained in
Real Property Tax Law § 467, as the same may be amended
from time to time.
E.
Administration. Application for such exemption must be made by the
owner, or all of the owners of the property upon such forms as may
be prescribed from time to time by the NYS Office of Real Property
Services. Such applications must be filed with the assessor of the
City of Fulton on or before the taxable status date. Nothing herein
shall impair a partial exemption presently enjoyed by an eligible
property owner.
Pursuant to Chapter 287 of the Laws of 1989, which amends Subdivision
5 of the Real Property Tax Law, effective January 1, 1990, senior
citizen exemptions will be granted to otherwise eligible senior citizens
who become 65 after the taxable status date but before December 31
of each calendar year; provided, however, that the applicant files
his or her application for the exemption on or before the taxable
status date of each year.
