[Adopted 3-13-1973; amended in its entirety 7-10-2024 by L.L. No. 2-2024]
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 shall be exempt
from taxation for Town purposes up to a maximum of 50% of the assessed
value provided the owner(s) meet the qualifications set forth below.
For the purposes of this article, sibling shall mean a brother or
a sister, whether related through half blood, whole blood or adoption.
Any person otherwise qualifying under this section shall not be denied
the exemption under this section if they become 65 years of age after
the appropriate taxable status date and on or before December 31 of
the same year, in accordance with the following schedule:
|
Annual Income
|
Exemption
|
|---|---|
|
Less than $26,200
|
50%
|
|
$26,200 to $27,199.99
|
45%
|
|
$27,200 to $28,199.99
|
40%
|
|
$28,200 to $29,199.99
|
35%
|
|
$29,200 to $30,099.99
|
30%
|
|
$30,100 to $30,999.99
|
25%
|
|
$31,000 to $31,899.99
|
20%
|
|
$31,900 to $32,799.99
|
15%
|
|
$32,800 to $33,700
|
10%
|
A.
The "applicable income tax year" as used herein shall mean the second
most recent calendar year.
B.
The term "income" as defined herein shall mean "adjusted gross income"
for federal income tax purposes as reported on an applicant's
federal or state income tax return for the applicable income tax year,
as defined in and as is subject to any subsequent amendments to Real
Property Tax Law § 467(3)(iv) et seq.; provided, however,
if no such tax return was filed for the applicable income tax year,
the applicant's income shall be determined based on the amounts
that would have been reported if such a return had been filed; and
provided further, that when determining income for purposes of this
section, the following conditions shall be applicable:
(1)
Any Social Security benefits not included in such federal adjusted
gross income shall not be considered income;
(2)
Deductions of taxable distributions received from an individual retirement
account or individual retirement annuity that were included in the
applicant's federal adjusted gross income shall be considered
income;
(3)
Any tax-exempt interest or dividends that were excluded from the
applicant's federal adjusted gross income shall be considered
income;
(4)
Any losses that were applied to reduce the applicant's federal
adjusted gross income (AGI) shall be subject to the following limitations:
C.
Where title is vested in a married person, the combined income of such person and such person's spouse may not exceed such sum, except where on spouse or ex-spouse is absent from the property as provided in § 177-3C(2) of this article, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum.
No exemption shall be granted hereunder unless:
A.
The owner shall have held an exemption under this section for his/her
previous residence or unless the title to 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 comes 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 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 the 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;
B.
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 section;
C.
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; except
where:
(1)
An owner is absent from the residence while receiving health-related
care as an impatient of a residential health care facility, as defined
in § 2801 of the Public Health Law, 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 ex-wife, and either is absent from the residence due to divorce,
legal separation or abandonment and all other provisions of this section
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.
D.
The real property otherwise meets the qualifications contained in
Real Property Tax Law § 467, as the same may be amended
from time to time.
A.
Application for such exemption must be made by the owner, or all
of the owners of the property upon such forms as may be prescribed
from time to time by the NYS Office of Real Property Services. Such
applications must be filed with the assessor of the Town in which
the real property is located on or before the taxable status date.
Nothing herein shall impair a partial exemption presently enjoyed
by an eligible property owner.
B.
Extension of deadline.
(1)
Where a renewal application for the exemption authorized by this
section has not been filed on or before the taxable status date, and
the owner believes that good cause existed for the failure to file
the renewal application by that date, the owner may, no later than
the last day for paying taxes without incurring interest or penalty,
submit a written request to the assessor asking him or her to extend
the filing deadline and grant the exemption. Such request shall contain
an explanation of why the deadline was missed and shall be accompanied
by a renewal application, reflecting the facts and circumstances as
they existed on the taxable status date.
D.
The Assessor shall mail notice of his or her determination to the
owner.
E.
If the determination states that the Assessor has granted the exemption,
he or she shall thereupon be authorized and directed to correct the
assessment roll accordingly, or, if another person has custody or
control of the assessment roll, to direct that person to make the
appropriate corrections.
F.
If the correction is not made before taxes are levied, the failure
to take the exemption into account in the computation of the tax shall
be deemed a "clerical error" for purposes of Title 3 of Article 5
of the New York State Real Property Tax Law and shall be corrected
accordingly.
The Town shall notify or cause to be notified each person owning
residential real property in the Town of Somerset of the provisions
of this article. The provisions of this section may be met by a notice
or legend sent on or with each tax bill to such person, reading "You
may be eligible for senior citizen tax exemption. Senior citizens
have until (month, date, year) to apply for such exemptions. For more
information, please call or write the Town Assessor (followed by the
name, telephone number and/or address of a person or department selected
by the Town to explain the provisions of this article)." Failure to
notify or cause to be notified any person who is eligible to receive
the exemption provided by this article or the failure of such person
to receive the same shall not prevent the levy, collection and enforcement
of the payment of taxes on property owned by such person.
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.
This law shall be effective upon filing with the Office of the
Secretary of State.
