[Adopted 11-10-1966 by G.O. No. 30-1966]
A.
Pursuant to the provisions of § 467 of the Real Property
Tax Law, as amended, and as therein provided, the real property in
the City of Yonkers owned by one or more persons, each of whom is
65 years of age or over, or real property in the City of Yonkers owned
by husband and wife, one of whom is 65 years of age or over, shall
be exempt from taxation to the extent of 50% of the assessed valuation
thereof, as hereinafter provided.
B.
For the purposes of this section, title to that portion of real property
owned by a cooperative apartment corporation, in which a tenant-stockholder
of 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, except for any portion of such real
property that is a dwelling unit, as defined in the Real Property
Tax Law § 467-b, Subdivision 1, be deemed to be vested in
such tenant-stockholder. That proportion of the assessment of 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 granted shall be credited by the Department of Finance
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. Each cooperative apartment
corporation shall notify each tenant-stockholder thereof in residence
of such provisions as are set forth in this section.
Exemption from taxation for school purposes shall not be granted
in the case of real property where a child resides if such child attends
a public school within the City school district.
No exemptions shall be granted:
A.
Income limits.
[Last amended 4-8-2008 by L.L. No. 4-2008]
(1)
For the period commencing July 1, 2008, and expiring on June 30,
2009. All the income of the owner or 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 $27,000,
except as provided in the following schedule:
|
Annual Income Equal to or Greater than
|
And Less than
|
Percentage of Assessed Value Exempt from Taxation
| |
|---|---|---|---|
|
$0
|
$27,000.00
|
50%
| |
|
$27,000.01
|
$27,999.99
|
45%
| |
|
$28,500.00
|
$28,999.99
|
40%
| |
|
$29,000.00
|
$29,999.99
|
35%
| |
|
$30,000.00
|
$30,899.99
|
30%
| |
|
$30,900.00
|
$10,799.99
|
25%
| |
|
$31,800.00
|
$32,699.99
|
20%
| |
|
$32,700.00
|
$33,599.99
|
15%
| |
|
$33,600.00
|
$34,499.99
|
10%
| |
|
$34,500.00
|
$35,399.99
|
5%
|
(2)
For the period commencing July 1, 2009, and expiring on June 30,
2010. All the income of the owner or 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 $28,000,
except as provided in the following schedule:
|
Annual Income Equal to or Greater than
|
And Less than
|
Percentage of Assessed Value Exempt from Taxation
| |
|---|---|---|---|
|
$0
|
$28,000.00
|
50%
| |
|
$28,000.01
|
$28,999.99
|
45%
| |
|
$29,500.00
|
$29,999.99
|
40%
| |
|
$30,000.00
|
$30,999.99
|
35%
| |
|
$31,000.00
|
$31,899.99
|
30%
| |
|
$31,900.00
|
$32,799.99
|
25%
| |
|
$32,800.00
|
$33,699.99
|
20%
| |
|
$33,700.00
|
$34,599.99
|
15%
| |
|
$34,600.00
|
$35,499.99
|
10%
| |
|
$35,500.00
|
$36,399.99
|
5%
|
(3)
For the period commencing July 1, 2011. All the income of the owner
or 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 $29,000, except as provided in the following schedule:
|
Annual Income Equal to or Greater than
|
And Less than
|
Percentage of Assessed Value Exempt from Taxation
| |
|---|---|---|---|
|
$0
|
$29,000.00
|
50%
| |
|
$29,000.01
|
$29,999.99
|
45%
| |
|
$30,500.00
|
$30,999.99
|
40%
| |
|
$31.000.00
|
$31,999.99
|
35%
| |
|
$32,000.00
|
$32,899.99
|
30%
| |
|
$32,900.00
|
$33,799.99
|
25%
| |
|
$33,800.00
|
$34,699.99
|
20%
| |
|
$35,600.00
|
$36,499.99
|
10%
| |
|
$34,700.00
|
$35,599.99
|
15%
| |
|
$36,500.00
|
$37,399.99
|
5%
|
(4)
The term "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 wife, their combined income 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 or inheritances. In computing
net rental income and net income from self-employment, no depreciation
deduction shall be allowed for the exhaustion, wear and tear of real
or personal property held for the production of income.
B.
Unless the title of the property shall have been vested in the owner
or all 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 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, and provided further that where
property of the owner or owners had 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 periods of ownership shall be deemed to be consecutive for purposes
of this section.
[Amended 9-15-1971 by G.O. No. 29-1971; 8-27-1974 by G.O. No.
21-1974; 5-27-1997 by L.L. No. 3-1997]
C.
Unless the property is used exclusively for residential purposes.
D.
Unless the real property is the legal residence of and is occupied
in whole or part by the owner or by all of the owners of the property.
[Amended 9-15-1971 by G.O. No. 29-1971]
A.
Application for such exemption must be made by the owner or all of
the owners of the property annually on forms prescribed by the New
York State Board of Equalization and Assessment, to be furnished by
the City Assessor, and such application shall furnish the information
and be executed in the manner required or prescribed in such forms
and shall be filed in the City Assessor's office on or before the
taxable status date for the City of Yonkers. Any person otherwise
qualifying under this article shall not be denied the exemption under
this article if he or she becomes 65 years of age after the appropriate
taxable status date and on or before December 31 of the same year.
[Amended 9-22-1992 by G.O. No. 6-1992]
B.
At least 60 days prior to the taxable status date, the City Assessor
shall mail to each person who was granted exemption, or whose exemption
was canceled because of excessive income 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. Failure
to mail any such application form and notice or the failure of such
person to receive the same shall not prevent the levy, collection
and enforcement of the payment of the taxes on property owned by such
person.
[Amended 2-26-1974 by G.O. No. 5-1974]
C.
Any person who has been granted an 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 § 15-136, provided that such person has been mailed an application form and a notice informing him or her of his or her rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when such tax payment is made by such person, a sworn affidavit must be included with such payment indicating such person continues to be eligible for such exemption. Such affidavit shall be on a form prescribed by the State Board of Equalization and Assessment. If such affidavit is not included with the tax payment, the collecting officer shall proceed pursuant to § 551-a of the Real Property Tax Law.
[Added 11-14-2006 by L.L. No. 3-2006]
D.
In the event the owner of a property which has received an exemption
pursuant to this section on the preceding assessment roll fails to
file the application required pursuant to this section on or before
the taxable status date, such owner or owners may file the application,
executed as if such application had been filed on or before the taxable
status date, with the Assessor, on or before the date for the hearing
of complaints.
[Added 11-14-2006 by L.L. No. 3-2006]
E.
Notwithstanding the provision of § 15-36A, the City Assessor shall have the authority to receive applications for the exemption for 30 days after the taxable status date for the City of Yonkers. In the event such date falls upon a Saturday, Sunday or public holiday, then the application for the exemption may be received on the next succeeding business day.
[Added 11-12-2014 by L.L. No. 17-2014]
F.
Missed deadline for exemption application; good cause.
[Added 12-13-2016 by L.L.
No. 1-2017]
(1)
Notwithstanding the provisions of § 15-36A and D, where a renewal application for the exemption pursuant to this section has not been filed on or before the taxable status date or on or before the date for the hearing of complaints, and where the owner believes that good cause existed for the failure to file the renewal application by that date, the owner may, no later than the last day for paying taxes without incurring interest or penalty, submit a written request to the City Assessor asking him or her to extend the filing deadline and grant the exemption. Such request shall contain an explanation of why the deadline was missed, and shall be accompanied by a renewal application, setting forth all facts and circumstances as they existed on the taxable status date. The City Assessor, in his or her sole discretion, may extend the filing deadline and grant the exemption if he or she is satisfied that:
(2)
For purposes of this section, good cause for failing to file a timely
application shall be limited to:
(3)
The determination of the City Assessor shall be final and not subject
to review.
[Amended 9-15-1971 by G.O. No. 29-1971]
The City Assessor may require any applicant to furnish such
other and further information as may be reasonably necessary for him
to establish the qualifications for exemption of said applicant. He
may establish such rules and procedures and take such other steps
as may be necessary to implement the provisions of this article.
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.
