The purpose of this article is to afford and
provide an exemption from general municipal taxes for first-time homebuyers
of newly constructed or improved homes in accordance with § 457
of the Real Property Tax Law of the State of New York (RPTL).
A first-time homebuyer who either as part of the written contract for sale of the primary residential property, or who enters into a written contract within 90 days after closing of the sale of the primary residence for reconstruction, alteration, or improvements, the value of which exceeds $3,000, to the primary residential property shall be exempt from taxation to the extent provided by this article. Such exemption shall apply solely to the increase in assessed value thereof attributable to such reconstruction, alteration or improvement, provided that the assessed value after reconstruction, alteration, or improvement does not exceed 15% more than the purchase price limits as defined in Subsection
A of §
333-126. For purposes of this article the terms "reconstruction," "alteration" and "improvement" shall not include ordinary maintenance and repairs.
[Amended 2-4-2013 by L.L. No. 1-2013; 5-18-2020 by L.L. No. 6-2020]
A first-time homebuyer shall not qualify for the exemption authorized
pursuant to this section if the household income exceeds income limits
defined by the State of New York mortgage agency low-interest-rate
mortgage program in the nontarget, one- and two-person household category
for Albany County and in effect on the contract date for the purchase
and sale of such property.
A. The term
"household income" as used herein shall mean the total combined income
of all the owners, and of any owners’ spouses residing on the
premises, for the income tax year preceding the date of making application
for the exemption.
B. The term
"income" as used herein shall mean the “adjusted gross income”
for federal income tax purposes as reported on the applicant’s
latest available federal or state income tax return, subject to any
subsequent amendments or revisions, reduced by distributions, to the
extent included in federal adjusted gross income, received from an
individual retirement account and an individual retirement annuity;
provided that if no such return was filed within the one-year period
preceding taxable status date, "income" shall mean the adjusted gross
income that would have been so reported if such a return had been
filed. For purposes of this section, "latest available return" shall
mean the federal or state income tax return for the year immediately
preceding the date of making application; provided, however, that
if the tax return for such tax year has not been filed, then the income
tax return for the tax year two years preceding the date of making
application shall be considered the latest available.
[Amended 5-18-2020 by L.L. No. 6-2020]
No exemption shall be allowed pursuant to this article for any newly constructed primary residential property purchased by a first-time homebuyer on or after December 31, 2022, unless such purchase is pursuant to a binding written contract entered into prior to December 31, 2022; provided, however, that any first-time homebuyer who is allowed an exemption pursuant to this article prior to such date shall continue to be allowed further exemptions pursuant to §
333-125 of this article.
Any exemption pursuant to this article shall
be granted only upon application by the owner thereof on the form
prescribed by the State Board. The application shall be filed with
the Assessor of the City of Albany on or before the taxable status
date of March 1 to be eligible for an exemption to be entered on the
assessment roll prepared on the basis of said taxable status date.
The definitions of "income," "household income,"
"first-time homebuyer," "primary residential property," and "newly
constructed" shall be those set forth in § 457 of the NYS
Real Property Tax Law.