[Adopted 5-20-2002 by L.L. No. 3-2002]
Editor's Note: This local law provided that it shall apply to assessment rolls prepared on the basis of taxable status dates occurring on and after 1-1-2003.
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).
Newly constructed primary residential property purchased by one or more persons, each of whom is a first-time homebuyer and has not been married to a homeowner in the three years prior to applying for this first-time homeowners' exemption, shall be exempt from taxation levied pursuant to § 457 of the NYS Real Property Tax Law. The length of said exemption shall be five years.
Such exemption shall be computed in accordance with the following table:
Any newly constructed primary residential real property within a purchase price limit of $356,012 shall be eligible for the exemption allowed pursuant to this article.
[Amended 2-4-2013 by L.L. No. 1-2013]
Newly constructed primary residential property purchased by first-time homebuyers at a sales price greater than the maximum eligible sales price shall qualify for the exemption allowed pursuant to this article for that portion of the sale price of such newly constructed primary residential property equal to the maximum eligible sales price; provided, however, that any newly constructed primary residential property purchased at a sales price greater than 15% above the maximum eligible sales price shall not be allowed any exemption.
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]
A first-time homebuyer shall not qualify for the exemption authorized pursuant to this article if the household income exceeds $77,000.
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, 2005, unless such purchase is pursuant to a binding written contract entered into prior to December 31, 2005; 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.
No portion of a single-family newly constructed primary residential property shall be leased during the period of time when the first-time homeowner exemption shall apply to the residence. If any portion of the single-family newly constructed primary residential property is found to be the subject of a lease agreement, the Assessor shall discontinue any exemption granted pursuant to this article.
In the event that a primary residential property granted an exemption pursuant to this article ceases to be used primarily for residential purposes or title thereto is transferred to other than the heirs or distributees of the owner, the exemption granted pursuant to this article discontinued.
Upon determining that an exemption granted pursuant to this article should be discontinued, the Assessor shall mail a notice so stating to the owner or owners thereof at the time and in the manner provided by § 510 of the NYS Real Property Tax Law. Such owner or owners shall be entitled to seek administrative and judicial review of such action in the manner provided by law, provided that the burden shall be on such owner or owners to establish eligibility for the exemption.
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.