[Ord. 481, 3/7/2001, § 1]
ACT 77
The Act of December 22, 1993, P.L. 529, No. 77, codified
as the Allegheny Regional Asset District Law, 16 P.S. § 6101-B
et seq.
BOARD OF PROPERTY ASSESSMENT
The Board of Property Assessment, Appeals and Review of Allegheny
County as set forth in Chapter 207 of the Administrative Code of Allegheny
County.
ELIGIBLE TAXPAYER
A longtime owner/occupant of a principal residence in the
Borough who is: (A) a single person aged 60 or older during a calendar
year in which Borough real property taxes are due and payable and
whose household income does not exceed $30,000; or (B) married persons
if either spouse is 60 or older during calendar year in which Borough
real property taxes are due and payable and whose combined household
income does not exceed $30,000; or (C) an unmarried widow or widower
aged 50 or older during the calendar year in which Borough real property
taxes are due and payable and whose household income does not exceed
$30,000; or (D) a permanently disabled person aged 18 or older during
the calendar year in which Borough real property taxes are due and
payable and whose household income does not exceed $30,000.
HOUSEHOLD INCOME
All income received by an eligible taxpayer while residing
in his or her principal residence during a calendar year.
INCOME
All income from whatever source derived, including, but not
limited to, salaries, wages, dividends, interest, bonuses, commissions,
income from self-employment, IRA distributions, alimony, support money,
cash public assistance and relief, the gross amount of any pensions
or annuities, including railroad retirement benefits for calendar
years prior to 1999 and 50% of railroad retirement benefits for calendar
years 1999 and thereafter, all benefits received under the Federal
Social Security Act (except Medicare benefits) for calendar years
prior to 1999, and 50% of all benefits received under the Federal
Social Security Act (except Medicare benefits) for calendar years
1999 and thereafter, all benefits received under state unemployment
insurance laws and veterans disability payments, all interest received
from the federal or any state government or any instrumentality or
political subdivision thereof, realized capital gains, net income
from rentals, workers' compensation and the gross amount of loss
of time insurance benefits, life insurance benefits and proceeds,
except the first $5,000 of the total of death benefit payments, and
gifts of cash or property, other than transfers by gift between members
of a household, in excess of a total value of $300, but shall not
include surplus food or other relief in kind supplied by a governmental
agency or property tax or rent rebate or inflation dividend.
LONGTIME OWNER/OCCUPANT
A property owner/occupant who, for at least 10 continuous
years, has owned and occupied a dwelling place within the county as
a principal residence and domicile, or any person who for at least
five years has owned and occupied the same dwelling as a principal
residence and domicile if that person received assistance in the acquisition
of the property as a part of a government or nonprofit housing program.
OFFICE OF PROPERTY ASSESSMENT
The Office of Property Assessment of Allegheny County or
such other entity performing the function of making valuations of
real property for taxation purposes.
PRIMARY PERSONAL RESIDENCE
The dwelling place and so much of the land or lots surrounding
it as is reasonably necessary for use of the dwelling as a home, owned
and occupied by a person. The term primary personal residence shall
also include premises occupied by reason of ownership in a cooperative
housing corporation, mobile homes which are assessed as realty for
local property tax purposes and the land upon which the mobile home
is situated, and other similar living accommodations, as well as part
of a multi-dwelling or multi-purpose building and a part of the land
upon which it is built. It shall also include premises occupied by
a person and located on land owned by a nonprofit incorporated association,
of which the person is a member, if the person is required to pay
a pro rata share of the property taxes levied against the association's
land. It shall also include premises occupied by a person if he is
required by law to pay a property tax by reason of his or her ownership
or rental (including a possessory interest) in the dwelling, the land,
or both. An owner includes a person in possession under a contract
of sale, deed of trust, life estate, joint tenancy or tenancy in common
or by reason of statutes of descent and distribution.
PROGRAM
See the definition of "special tax provisions" below.
SPECIAL TAX PROVISIONS
A program of tax relief for eligible taxpayers authorized
under Act 77, as amended, consisting of a discount on the payment
of Borough real property taxes.
[Ord. 481, 3/7/2001, § 2]
1. All eligible taxpayers in the Borough who are longtime owner/occupants
of a principal residence shall be deemed a separate class of subjects
of taxation and shall be entitled to the benefit of the special tax
provisions of this Part.
2. All eligible taxpayers in the Borough who are longtime owner/occupants
shall be entitled to apply for and receive a discount of 10% on the
gross or face amount of Borough real property taxes then due and owing
during a tax year on an eligible taxpayer(s) primary personal residence;
and this discount shall not be in derogation of the allowable 2% discount
permitted to all taxpayers for early payment.
[Ord. 481, 3/7/2001, § 3]
1. Any person paying property taxes in the Borough may apply to either
the Office of the Treasurer or to the Office of Property Assessment
for certification as a participant in the program authorized under
this Part. In order to be eligible to participate in the program,
the person must meet the following conditions:
A. The person must be a single person aged 60 or older; or be married
persons with either spouse being 60 years of age or older; or be an
unmarried widow or widower aged 50 years of age or older; or be a
disabled person aged 18 years of age or older.
B. The person must be a longtime owner/occupant.
C. The property owned by the person(s) must be the primary personal
residence of the person(s).
D. The person's household income must not exceed $30,000.
[Ord. 481, 3/7/2001, § 4]
The Office of the Treasurer and the Office of the Property Assessment
shall jointly promulgate rules and regulations for the administration
of the program established under this Part. Such rules and regulations
shall include, but not be limited to: application procedures and deadlines;
reasonable proof of household income; proof of residence; ownership
and occupancy of the primary personal residence; provision of the
tax bill or receipt for the Borough or county real estate taxes owed
or paid in connection with the primary personal residence; and any
other reasonable requirements and conditions as may be necessary to
operate the property tax relief program.
[Ord. 481, 3/7/2001, § 5]
An appeal from any determination hereunder by the Office of
the Treasurer or the Office of Property Assessment shall be in accordance
with the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 751
et seq.
[Ord. 481, 3/7/2001, § 6]
The guidelines, rules and regulations, intended as aids to govern
the application and disposition of appeals under the tax exemption
program pursuant to Act 85 of 2000, may be amended at anytime unless
such action results in depriving a party of substantial rights.