Pursuant to the provisions of § 467
of the Real Property Tax Law and as therein provided, the real property
owned by one or more persons, each of whom is 65 years of age or over,
shall be exempt from taxation to the extent of 50% of the assessed
valuation thereof, as hereinafter provided.
Exemption from taxation for school purposes
shall not be granted in the case of real property where a child resides
if such child attends a public school within the school district.
[Amended 4-2-1979; 3-16-1981; 2-21-1984; 5-7-1990]
A. The percentage of exemption shall be based on the
annual income ranges as specified herein, as follows:
[Amended 11-19-2001 by L.L. No. 20-2001]
|
Income Range
|
Percentage of Exemption
|
|
---|
|
Less than $20,500
|
50%
|
|
|
$20,501 to $21,500
|
45%
|
|
|
$21,501 to $22,500
|
40%
|
|
|
$22,501 to $23,500
|
35%
|
|
|
$23,501 to $24,400
|
30%
|
|
|
$24,401 to $25,300
|
25%
|
|
|
$25,301 to $26,200
|
20%
|
|
B. Any exemption provided by this section shall be computed
after all of the partial exemptions allowed by law have been subtracted
from the total amount assessed.
C. The real property tax exemption provided herein in
real property owned by husband and wife, one of whom is 65 years of
age or over, once granted, shall not be rescinded solely because of
the death of the older spouse, so long as the surviving spouse is
at least 62 years of age.
D. No exemption shall be granted:
(1) 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
limit of the income range as set forth in the schedule above. 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, 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 or inheritances.
(2) Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 24
consecutive months prior to the date of making application for exemption.
(3) Unless the property is used exclusively for residential
purposes; provided, however, that in the event that 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.
(4) Unless 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, provided that an owner who is absent while
receiving health-related care as an inpatient of a residential health
care facility, as defined in § 2801 of the Public Health
Law, shall be deemed to remain a legal resident and an occupant of
the property while so confined, and income accruing to that person
shall 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.
E. At least 60 days prior to the appropriate taxable
status date, the Town Assessor's office shall mail to each person
who was granted exemption pursuant to this section 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. Failure to mail any such
application form or notices or the 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.
F. Any person who has been granted exemption pursuant to this section on five consecutive completed assessment rolls shall not be subject to the requirements set forth in this §
199-3. However, said person shall be mailed an application form and a notice informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment roll. Provided, however, that when tax payment is made by such person, a sworn affidavit must be included with such payment which shall state that such person continues to be eligible for such exemption. Such affidavit shall be on a form prescribed by the state board. If such affidavit is not included with the tax payment, the collecting officer shall proceed pursuant to § 551-a of the Real Property Tax Law.
Application for the exemption under this article
must be made by the owner or all of the owners of the property, annually,
on forms to be furnished by the Assessor's office, and shall furnish
the information and be executed in the manner required or prescribed
in such forms and shall be filed annually in such Assessor's office
at least 90 days, or within such other time as may hereafter be fixed
by law, before the day for filing the final assessment roll in each
year.
Any conviction of having made any willful false
statement in the application for the exemption under this article
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.