[Adopted 11-7-1977 by L.L. No. 3-1977]
The purpose of this article is to grant a partial exemption
from taxation to the extent of 50% of the assessed valuation of real
property which is owned by certain persons with limited income who
are 65 years of age or over and who meet the requirements set forth
in § 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 and wife,
one of whom is 65 years of age or over, shall be exempt from Town
taxes to the extent of 50% of the assessed valuation thereof, subject
to the following conditions:
A.
The owner or all of the owners of such real property must file an
application annually in the Assessor's office at least 90 days before
the date for filing the final assessment roll or such other time or
date as may be hereafter fixed by law.
B.
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 the application for exemption shall not exceed the amount set forth in the schedules in § 235-3. The "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 income. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts or inheritances.
C.
The title to such real property shall have been vested in the owner
of all of such real property for at least 24 consecutive months prior
to the date of making application for exemption.
D.
The real property shall be 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 article.[1]
E.
The real property shall be the legal residence of and shall be occupied
in whole or part by the owner or by all of the owners of the same
except where (i) an owner is absent from the residence while receiving
health-related care as an inpatient of a residential health care facility,
as defined in Public Health Law § 2801, 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 (ii) 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.[2]
F.
Applications for such exemption shall be made by the owner, or all
of the owners, of the property, upon forms prescribed by the Commissioner
of Taxation and Finance to be furnished by the assessing authority,
and applicants shall furnish such information and shall execute the
application in the manner prescribed in such forms.[3]
[Amended by L.L. No. 1-1981; 3-5-1984 by L.L. No. 2-1984; 11-28-1986 by L.L.
No. 9-1986; 2-18-1988 by L.L. No. 1-1988; 3-1-1990 by L.L. No. 2-1990; 3-21-1991 by L.L. No. 3-1991; 5-15-1997 by L.L. No. 1-1997; 12-7-2006 by L.L. No. 3-2006; 2-15-2007 by L.L. No. 2-2007; 9-21-2023 by L.L. No. 5-2023[1]]
A.
Real property
owned by one or more persons, each of whom is 65 years of age or older,
or real property owned by husband and wife, one of whom is 65 years
of age or over, shall be exempt from taxation pursuant to the terms
and conditions of §467 of the Real Property Tax Law in accordance
with the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt from Taxation
|
|---|---|
|
$35,000 or less
|
50%
|
|
$35,000 to $ 35,999
|
45%
|
|
$36,000 to $36,999
|
40%
|
|
$37,000 to $37,999
|
35%
|
|
$38,000 to $38,899
|
30%
|
|
$38,900 to $39,799
|
25%
|
|
$39,800 to $40,699
|
20%
|
|
$40,700 to $41,599
|
15%
|
|
$41,600 to $42,499
|
10%
|
|
$42,500 to $43,399
|
5%
|
|
Greater than $43,400
|
No exemption
|
B.
Any person
otherwise qualifying for a partial exemption from taxation under § 467
of the Real Property Tax Law and this article shall not be denied
an exemption under that section if he or she becomes 65 years of age
after the appropriate taxable status date and before December 31 of
the same year.
