[Adopted 7-18-1983 by L.L. No. 2-1983 as Ch. X, Art. IV, Div. 1, of the 1983 Code]
[Amended 11-21-1983 by L.L. No. 8-1983; 11-6-1989 by L.L. No. 1-1990; 4-16-1990 by L.L. No. 2-1990; 9-6-1990 by L.L. No. 4-1990; 1-20-1994 by L.L. No. 1-1994; -10-17-1994 by L.L. No. 8-1994; 2-27-1996 by L.L. No. 2-1996; 2-3-1997 by L.L. No. 2-1997]
Pursuant to § 467 of the Real Property Tax Law of the State of New York, real property located in the City of Albany and owned by one or more persons, each of whom is 65 years of age or over, or real property owned by the husband and wife, one of whom is 65 years of age or over, shall be exempt from taxation according to the following eligibility schedule:
Editor's Note: This local law provided that it would apply to assessment rolls prepared on the basis of taxable status dates occurring on and after 1-1-2007.
Editor's Note: This local law also provided that it shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after 1-1-2009.
Editor's Note: This local law all provided that it shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after 1-1-2010.
The real property tax exemption provided herein on real property owned by husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.
Exemption from taxation, as provided for herein, 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.
The annual income used for the purposes of determining eligibility for an exemption pursuant to this section shall be offset by all documented medical and prescription drug expenses actually paid which were not reimbursed or paid by insurance.
[Added 2-5-2018 by L.L. No. 2-2018]
[Amended 11-21-1983 by L.L. No. 8-1983; 11-6-1989 by L.L. No. 1-1990; 4-16-1990 by L.L. No. 2-1990; 9-6-1990 by L.L. No. 4-1990; 1-20-1994 by L.L. No. 1-1994]
No exemption shall be granted:
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 $37,400. “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 his 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 in the same income tax year, net rental income, salary or earnings and net income for self-employment, but shall not include a return of capital, gifts or inheritance. In computing net rental income and net income for 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.
[Amended 12-16-2002 by L.L. No. 1-2003; 2-2-2004 by L.L. No. 1-2004; 10-18-2004 by L.L. No. 9-2004; 1-4-2007 by L.L. No. 1-2007; 8-4-2008 by L.L. No. 4-2008; 7-20-2009 by L.L. No. 3-2009]
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; 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 24 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 purpose of computing such period of 24 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 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 are located in the City of Albany, the period of ownership of the former shall be combined with the period of ownership of the replacement residence and deemed consecutive for exemption purposes.
Unless the property is used exclusively for residential purposes.
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.
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 appropriate assessing authority 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 on or before the appropriate taxable status date.
At least 60 days prior to the appropriate taxable status date, the assessing authority 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. Failure to mail any such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the 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.
If any provision of this article or the application thereof shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the provision thereof directly involved in the controversy in which such judgment shall have been rendered, and the application of such provision to other persons or circumstances shall not be affected thereby.