[Adopted 4-14-1975 by L.L. No. 2-1975; amended in its entirety 9-22-2006 by L.L. No. 10-2006]
This article shall be known as the "Albany County Senior Citizen
Tax Exemption Law."[1]
Beginning July 1, 2009, persons 65 years of age or over, effective
as hereinafter provided, there shall be an exemption from taxation
for general County purposes on 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 or by siblings, one of whom is 65 years
of age or over, to the extent of the percentage of assessed valuation
provided in the following schedule, determined by the maximum income
eligibility level also provided in the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt From Taxation
|
|---|---|
|
$29,000 or less
|
50%
|
|
More than $29,000 but less than $30,000
|
45%
|
|
$30,000 or more but less than $31,000
|
40%
|
|
$31,000 or more but less than $32,000
|
35%
|
|
$32,000 or more but less than $32,900
|
30%
|
|
$32,900 or more but less than $33,800
|
25%
|
|
$33,800 or more but less than $34,700
|
20%
|
|
$34,700 or more but less than $35,600
|
15%
|
|
$35,600 or more but less than $36,500
|
10%
|
|
$36,500 or more but less than $37,400
|
5%
|
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any exemption provided by this article shall be computed after
all other partial exemptions allowed by law, excluding the school
tax relief (STAR) exemption, have been subtracted from the total amount
assessed.
A.
Title to that portion of real property owned by a cooperative apartment
corporation in which a tenant-stockholder of such corporation resides,
and which is represented by his/her share or shares of stock in such
corporation as determined by its or their proportional relationship
to the total outstanding stock of the corporation, including that
owned by the corporation, shall be deemed to be vested in such tenant-stockholder.
B.
That proportion of the assessment of such real property owned by
a cooperative apartment corporation determined by the relationship
of such real property vested in such tenant-stockholder to such entire
parcel and the buildings thereon owned by such cooperative apartment
corporation in which such tenant-stockholder resides shall be subject
to exemption from taxation pursuant to this section, and any exemption
so granted shall be credited by the appropriate taxing authority against
the assessed valuation of such real property; the reduction in real
property taxes realized thereby shall be credited by the cooperative
apartment corporation against the amount of such taxes otherwise payable
by or chargeable to such tenant-stockholder.
No exemption shall be granted:
A.
If 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 application for exemption exceeds the maximum sum authorized
by the provisions of Real Property Tax Law § 467. "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 wife, their combined income may not exceed such sum. Such income
shall include social security and retirement benefits, interest, dividends,
total gain from the sale or exchange of a capital asset, which may
be offset by a loss from the sale or exchange of a capital asset in
the same income tax year, net rental income, salary or earnings and
net income from self-employment, but shall not include a return of
capital, gifts, inheritances, payments made to individuals because
of their status as victims of Nazi persecution, as defined in P.L.
103-286, or monies earned through employment in the federal foster
grandparent program; and any such income shall be offset by all medical
and prescription drug expenses actually paid which were not reimbursed
or paid for by insurance. The provisions of this subsection notwithstanding,
such income shall not include veterans disability compensation, as
defined in Title 38 of the United States Code. In computing net rental
income and net income from self-employment, no depreciation deduction
shall be allowed for the exhaustion, wear and tear of real or personal
property held for the production of income.
B.
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 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 purpose of computing such period of 12 consecutive
months; provided, further, that 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; and provided, further,
that 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 the application is made for
exemption, and such periods of ownership shall be deemed to be consecutive
for the purposes of this section. Where a residence is sold and replaced
with another within one year and is in the same assessing unit or
municipality, the period of ownership of the former property shall
be combined with the period of ownership of the replacement residence
and deemed consecutive for exemption from taxation by each such assessing
unit or municipality. Notwithstanding any other provision of law,
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 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 subsection 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 subsection
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.
C.
Unless the property is 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.
D.
Unless the real property is the legal residence and is occupied,
in whole or in part, by the owner or by all of the owners of the property;
except where 1) 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 2) 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application for such exemption must be made by the owner, or
all of the owners, of the property, on forms prescribed by the Commissioner
of Taxation and Finance to be furnished by the appropriate local assessing
unit, and shall furnish the information and be executed in the manner
required or prescribed on such forms, and shall be filed in such Assessor's
Office on or before the appropriate taxable status date. Notwithstanding
any other provision of law, any person otherwise qualifying under
this article shall not be denied the exemption under this article
if he/she becomes 65 years after the appropriate taxable status date
and on or before December 31 of the same year.
A.
At least 60 days prior to the appropriate taxable status date, the
appropriate local assessing unit shall mail to each person who was
granted exemption pursuant to this article on the latest completed
assessment roll an application form and a notice that such application
must be filed on or before the taxable status date and be approved
in order for the exemption to be granted. The appropriate local assessing
unit shall, within three days of the completion and filing of the
tentative assessment roll, notify by mail any applicant who has included
with his/her application at least one self-addressed, prepaid envelope,
of the approval or denial of the application; provided, however, that
the appropriate local assessing unit shall, upon receipt and filing
of the application, send by mail notification of receipt to any applicant
who has included two of such envelopes with the application. Where
an applicant is entitled to a notice of denial pursuant to this subsection,
such notice shall be on a form prescribed by the Commissioner of Taxation
and Finance and shall state the reasons for such denial and shall
further state that the applicant may have such determination reviewed
in the manner provided by law. Failure to mail any such application
form or notices or failure of such person to receive any of the same
shall not prevent the levy, collection and enforcement of the payment
of the taxes on property owned by such person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The appropriate local assessing units shall accept applications for
the renewal of exemptions pursuant to this section after the taxable
status date. In the event that the owner or all of the owners of property
which has received an exemption pursuant to this article on the preceding
assessment roll fail to file the application required pursuant to
this section on or before taxable status date, such owner or owners
may file the application, executed as if such application had been
filed on or before the taxable status date, with the Assessor on or
before the date for the hearing of complaints.
A.
Any conviction of having made any willful 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.
B.
Notwithstanding any inconsistent provisions of the New York State Real Property Tax Law, the collection of any amount of tax erroneously exempted due to an incorrect statement in an application for exemption shall be enforceable in the same manner provided for the collection of delinquent taxes pursuant to the provisions of Article 11 of the New York State Real Property Tax Law.
The real property tax exemption on real property owned by a
husband and wife, one of whom is 65 years of age or over, once granted,
shall not be rescinded by the County of Albany solely because of the
death of the older spouse so long as the surviving spouse is at least
62 years of age.
This article shall take effect immediately and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on and after January 1, 2007.
