Real property located in the County of Cayuga owned by one or
more persons, each of whom is 65 years of age or over, shall be exempt
from County taxation by the municipality in which the property is
located to the extent of 50% of the assessed valuation thereof, providing,
however:
A. That the income of the owner or the combined income of the owners
of the property does not exceed the sum of $37,399.99 for the 12 consecutive
months immediately preceding the date of making application for exemption.
Where title is vested in either the husband or the wife, their combined
income may not exceed such sum. Such income shall include social security
and retirement benefits, interest, dividends, rental income, salary
or earnings, and income from self employment, but shall not include
gifts or inheritances. Effective January 1, 2021, the maximum income
eligibility level for the exemption shall be as follows:
[Amended 3-18-1971 by L.L. No. 1-1971; by L.L. No. 1-1974; 10-12-1976 by L.L.
No. 2-1976; by L.L. No. 2-1979; 10-14-1980 by L.L.
No. 1-1980; 5-8-1984 by L.L. No. 3-1984; 4-13-1993 by L.L. No. 2-1993; 10-20-1998 by L.L. No. 5-1998; 2-25-2020 by L.L. No. 1-2020]
Income Range
|
Percentage of Assessed Value Exempt
|
---|
Up to $29,000
|
50%
|
$29,000.01 up to $29,999.99
|
45%
|
$30,000 up to $30,999.99
|
40%
|
$31,000 up to $31,999.99
|
35%
|
$32,000 up to $32,899.99
|
30%
|
$32,900 up to $33,799.99
|
25%
|
$33,800 up to $34,699.99
|
20%
|
$34,700 up to $35,599.99
|
15%
|
$35,600 up to $36,499.99
|
10%
|
$36,500 up to $37,399.99
|
5%
|
(1) Additional income exemption.
(a)
In 1996, the New York State Legislature adopted and the Governor
signed into law, a bill entitled "An Act to Amend the Real Property
Tax Law, in Relation to Excluding Certain Expenditures for Medical
Care from the Definition of 'Income' for the Purpose of a Tax Exemption
on Real Property Owned by Senior Citizens."
(b)
The provisions of Real Property Tax Law § 467(3)(a)
excluding medical and prescription drug expenses actually paid (which
were not reimbursed or paid by insurance) from the computation of
an applicant's income shall apply to County real property taxes levied
by the County of Cayuga.
(c)
This article shall be applied to assessment rolls prepared on
the basis of a taxable status date of March 1, 1999, and thereafter.
B. Unless the owner shall have held an exemption under this section
for his previous residence or unless the title of the property shall
have been vested in the owner or one 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 at the time of death and then becomes 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. In the event of a
transfer by either a husband or wife to the other spouse of all or
part of the title to the property, the time of ownership of the property
by the transferor spouse shall be deemed also a time of ownership
by the transferee spouse and such ownership shall be deemed continuous
for the purposes of computing such period of 12 consecutive months.
Where property of the owner or owners has 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 such periods of ownership shall be deemed to be consecutive for
purposes of this section. Where a residence is sold and replaced with
another within one year and both residences are within the state,
the period of ownership of both properties shall be deemed consecutive
for purposes of the exemption from taxation by a municipality within
the state granting such exemption. Where the owner or owners transfer
title to property which as of the date of transfer was exempt from
taxation under the provisions of this section, the reacquisition of
title by such owner or owners within nine months of the date of transfer
shall be deemed to satisfy the requirement of this paragraph that
the title of the property shall have been vested in the owner or one
of the owners for such period of 12 consecutive months. Where, upon
or subsequent to the death of an owner or owners, title to property
which as of the date of such death was exempt from taxation under
such provisions, becomes vested, by virtue of devise or descent from
the deceased owner or owners, or by transfer by any other means within
nine months after such death, solely in a person or persons who, at
the time of such death, maintained such property as a primary residence,
the requirement of this paragraph that the title of the property shall
have been vested in the owner or one of the owners for such period
of 12 consecutive months shall be deemed satisfied.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. That the property is used exclusively for residential purposes.
D. That the real property is the legal residence of and is occupied
in whole or in part by the owner or by all of the owners of the property.
Application for such exemption must be made annually by the
owner or all of the owners of the property to the Assessor's office
of the City of Auburn during the month of November, and application
to all other municipalities shall be made to the Chair of the Board
of Assessors where the property is located and shall be filed in such
assessor's office at least 90 days before the date for filing the
final assessment roll of said municipality.
Any conviction of having made any wilful 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.