A.
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 but to the maximum extent of 50% of
the assessed valuation thereof, as hereinafter provided in accordance
with § 467 of the Real Property Tax Law.
[Amended 2-21-2007 by L.L. No. 1-2007]
B.
The percentage of exemption shall be based on the
annual income ranges as specified herein, as follows:
[Amended 2-21-2007 by L.L. No. 1-2007; 4-17-2023 by L.L. No. 2-2023]
|
Income Range
|
Percentage of Exemption
| |
|---|---|---|
|
$34,000 or less
|
50%
| |
|
$34,000 to $34,999
|
45%
| |
|
$35,000 to $35,999
|
40%
| |
|
$36,000 to $36,999
|
35%
| |
|
$37,000 to $37,899
|
30%
| |
|
$37,900 to $38,799
|
25%
| |
|
$38,800 to $39,699
|
20%
| |
|
$39,700 to $40,599
|
15%
| |
|
$40,600 to $41,499
|
10%
| |
|
$41,500 to $42,399
|
5%
| |
|
$42,400 or greater
|
No exemption
|
C.
Any exemption provided by this section shall be computed
after all of the partial exemptions allowed by law, excluding the
school tax relief (STAR) exemption authorized by § 425 of
the Real Property Tax Law, have been subtracted from the total amount
assessed.
[Amended 2-21-2007 by L.L. No. 1-2007]
D.
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age or over, once granted, shall not be rescinded solely because of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.
E.
Notwithstanding any other provisions of law, any person
otherwise qualifying under this section shall not be denied the exemption
under this section if he/she becomes 65 years of age after the appropriate
taxable status date and on or before December 31 of the same year.
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 of elementary or secondary education.
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
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.
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.
C.
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.
D.
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.
Application for such exemption must be made
by the owner or all of the owners of the property on forms prescribed
by the State Board to be furnished by the Town Assessor's office and
shall furnish the information and be executed in the manner required
or prescribed in such forms and shall be filed in such Assessor's
office at least 90 days before the day for filing the final assessment
roll. Notwithstanding any other provision of law, any person otherwise
qualifying under this section shall not be denied the exemption under
this section if he/she becomes 65 years of age after the last day
to file the application for such exemption and before December 31
of the same year.
A.
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.
B.
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 § 86-5A. However, said person shall be mailed an application form and a notice informing him/her of his/her 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.
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.
Notwithstanding the provisions of §§ 86-4 and 86-5 herein, the Town Assessor may accept applications for 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 section on the preceding assessment roll fail to file the application required pursuant to this section on or before the 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.
