The Town Board of the Town of Oneonta, ever mindful of its responsibilities
and obligations to provide for the welfare and financial independence
of the senior citizens of this community, intends, by the enactment
of this article, to provide for the protection of the elderly low-income
homeowner from the increased cost of living. It is the intention of
the Town Board of the Town of Oneonta to provide tax exemptions of
real property to certain of our qualifying senior citizens so as to
better enable them to enjoy their retirement.
Pursuant to a resolution adopted on February 28, 2018, the Town
of Oneonta Town Board accepted the County of Otsego sliding scale
for senior citizens tax exemptions. The sliding scale is on file in
the office of the Town Clerk and in the office of the County Clerk.
The sliding scale may be changed by resolution of the Town Board.
In order to qualify for an exemption, the following requirements
must be met:
A. Each of the owners of the real property must be 65 years of age or
over, except that where real property is owned by a spouse, either
spouse must be 65 years of age or over, until the taxable status date
or before December 31 of the same year.
B. Title to the property shall have been vested in the owners of the
property for at least 24 consecutive months prior to the date of the
application.
(1)
In computing 24 consecutive months where the property is owned
by a spouse, in the case of the death of either in whose name title
was vested at the time of death and title becomes vested solely by
virtue of devise or descent from the deceased spouse, the survivor
shall add the time of ownership by the survivor so that the owner's
period is continuous.
(2)
A transfer by one spouse to the other of all or part of the
title shall be deemed a continuous period of ownership by the transferee
to comply with the 24 consecutive months.
(3)
Where property of the owner or owners has been acquired to replace
property formerly owned by the owner or owners and taken by eminent
domain or other involuntary proceedings except a tax sale, the period
of ownership of the property for which application is made shall be
considered consecutive in computing 24 months.
(4)
Where a residence is sold and replaced within one year and is
in the same assessing unit of the municipality or where both residences
are within the state, the period of ownership of the former shall
be combined with the replacement and deemed consecutive for the exemption
application.
C. The property must be used exclusively for residential purposes and
be occupied in whole or in part by the owner or owners and be their
legal residence.
D. The combined income of all of the owners of property must have been
less than the amount set forth in this article during the 12 months
immediately preceding the date of making the application for exemption.
Where title to the property is vested in either spouse, the combined
income of the spouses may not exceed the amounts set forth in this
article. Where the real property tax exemption has been granted, the
exemption on property owned by the spouses shall not be rescinded
solely because of the death of the older spouse so long as the surviving
spouse is 62 years of age. "Income" includes all social security and
retirement payments, interest, dividends, net rental income, salaries
or other earnings, including net income for self-employment. However,
all medical and prescription drug expenses which are actually paid
by the senior citizen and not reimbursed or paid by insurance may
be used to offset this income. "Income" does not include gifts, inheritances,
nor veterans' disability compensation as defined in Title 38
of the U.S. Code or equivalent code provision.