[Adopted 3-26-2001 by L.L. No. 6-2001 (Ch. 182, Art. VIII,
of the 1994 Code)]
This article is being enacted pursuant to the new § 469
of the Real Property Tax Law of the State of New York.
A. Subject to the qualifications and regulations set forth herein, an
exemption from real property taxes is hereby 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. This 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 Commissioner of Taxation
and Finance for Monroe County, whichever is less.
[Amended 10-15-2018 by L.L. No. 3-2018]
C. No such exemption shall be granted unless:
(1) The property is within the geographical area in which such construction
or reconstruction is permitted; and
(2) The residential property so constructed or reconstructed is the principal
place of residence of the owner.
D. Such exemption from taxation shall be applicable only to construction
or reconstruction which occurred subsequent to the effective date
of this article and shall only apply during taxable years during which
at least one such parent or grandparent maintains a primary place
of residence in such living quarters.
E. Such exemption from taxation shall be granted only upon an application
made annually, upon a form promulgated by the Commissioner of Taxation
and Finance, by the owner of such property to the Assessor of the
Town, on or before the taxable status date. If the Assessor is satisfied
that the property is entitled to an exemption pursuant to this article,
the Assessor shall approve the application, and such residential improvements
shall be exempt from taxation and special ad valorem levies as provided
herein.
[Amended 10-15-2018 by L.L. No. 3-2018]
F. For the purposes of this exemption, the term "parent or grandparent"
shall be deemed to include the birth or adoptive grandparents or parents
of the owner or the spouse of the owner.
[Amended 10-15-2018 by L.L. No. 3-2018]
G. Any conviction of having made any willful false statement in the
application for such exemption shall result in the revocation thereof;
shall be punishable by a civil penalty of not more than $100; and
shall disqualify the applicant or applicants from further exemption
for a period of five years.
H. This article shall apply to real property having a taxable date on
or after the first day of January next succeeding the date on which
this article shall have become effective.