[Adopted 4-10-1995 as L.L. No. 1-1995]
In pursuance of the provision of § 467
of the Real Property Tax Law of the State of New York, the Charter
of the City of Oswego, New York, as heretofore amended and superseded,
is hereby amended to read as follows below.
[Amended 2-25-2019 by L.L. No. 1-2019; 5-23-2022 by L.L. No. 3-2022]
Real property owned by one or more persons, each of whom is
65 years of age or over, or real property owned by a husband and wife
or by siblings, one of whom is 65 years of age or over, shall be partially
exempt from taxation by the City of Oswego in which the property is
located according to the following. Any person otherwise qualifying
under this section shall not be denied the exemption under this section
if they become 65 years of age after the appropriate taxable status
date and on or before December 31 of the same year:
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, does not exceed the following
levels as provided by § 467 of the Real Property Tax Law.
(1)
Income
qualifications. The partial exemption to be granted hereunder shall
be determined by 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 (hereinafter referred to individually
or collectively as "income").
B.
"Income tax year" shall mean the twelve-month period for which the
owner or owners filed a federal personal income tax return for the
year before the income tax year immediately preceding the date of
application.
C.
Where the title is vested in either the husband or wife, their combined
income may not exceed such sum, except where the husband or wife,
or ex-husband or ex-wife is absent from the property as provided in
Real Property Tax Law § 467, Subdivision 3(d)(ii), then
only the income of the spouse or ex-spouse residing on the property
shall be considered and may not exceed such sum.
D.
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
return of capital, gifts or inheritances and such other forms of income
which are excluded under Real Property Tax Law § 467, Subdivision
3(a), presently and as may be amended. Any such income shall be offset
by all medical and prescription drug expenses actually paid by owner
which were not reimbursed or paid for by insurance. The provisions
of this subsection notwithstanding, such income shall not include
veterans' disability compensation, as defined in Title 38 of the United
States Code. In computing net rental income and net income from 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.
|
Annual Income
|
Assessed Valuation Exempt From Taxation
|
|---|---|
|
$29,000 or less
|
50%
|
|
More than $29,000.01, but less than $29,999.00
|
45%
|
|
$30,000.00 or more, but less than $30,999.99
|
40%
|
|
$31,000.00 or more, but less than $31,999.99
|
35%
|
|
$32,000.00 or more, but less than $32,899.99
|
30%
|
|
$32,900.00 or more, but less than $33,799.99
|
25%
|
|
$33,800.00 or more, but less than $34,699.99
|
20%
|
|
$34,700.00 or more, but less than $35,599.99
|
15%
|
|
$35,600.00 or more, but less than $37,499.99
|
10%
|
|
$36,500.00 or more, but less than $37,399.99
|
5%
|
|
$37,400.00 and over
|
0%
|
E.
Except as is otherwise provided in § 467 of the New York
Real Property Tax Law, the title must have been vested in the name
of the owner or all of the owners of the property for at least 24
consecutive months prior to the date of the making of the application
for exemption.
F.
The property must also be used exclusively for residential purposes
and be the legal residence of and occupied in whole or in part by
the owner or by all the owners of the property, except as is otherwise
provided in § 467 of the New York Real Property Tax Law.
G.
The application for such exemption must be made by the owner or one
of the owners of the property, on a form prescribed by the State of
New York, and shall furnish the required information and be properly
executed and shall be filed in the Assessor's office of the City of
Oswego, New York, on or before the appropriate taxable status date.
H.
Pursuant to the Real Property Tax Law § 467, Subdivision
6, 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 section on the latest completed assessment
roll an application form and a notice that such application must be
billed on or before taxable status date and be approved in order for
the exemption to be granted. The assessing authority shall, within
three days of the completion and filing of the tentative assessment
roll, notify by mail any applicant who has included with his application
at least one self-addressed, prepaid envelope of the approval or denial
of the application; provided, however, that the assessing authority
shall, upon the receipt and filing of the application, send by mail
notification of receipt to any applicant who has included two of such
envelopes with the application. Where an applicant is entitled to
a notice of denial pursuant to this subsection, such notice shall
be on a form prescribed by the State Board and shall state the reasons
for such denial and shall further state that the applicant may have
such determination reviewed in the manner provided by law. Failure
to mail any such application form or notices or the failure of such
persons 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.
I.
Any exemption provided by this article shall be computed after all
other partial exemptions allowed by law have been subtracted from
the total amount assessed.
J.
The real property tax exemption 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.
K.
Any conviction of having made any willful false statement in the
application for such exemption noted above 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.
L.
This section relating to partial exemption from taxation of property
shall apply to assessment rolls prepared on the basis of the taxable
status dates occurring on and after March 1, 2020.
[Amended 2-25-2019 by L.L. No. 1-2019; 3-22-2021 by L.L. No. 1-2021]
A.
Real property owned by one or more persons, either of whom is eligible for a partial exemption of taxation of property pursuant to the provisions of § 224-18 herein, shall be partially exempt from water rents 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, does not exceed the following levels:
|
Annual Income
|
Reduction of Water Rents
|
|---|---|
|
$22,500 or less
|
75%
|
|
More than $22,501, but less than $23,500
|
70%
|
|
$23,501 or more, but less than $24,500
|
65%
|
|
$24,501 or more, but less than $25,500
|
60%
|
|
$25,501 or more, but less than $26,500
|
55%
|
|
$26,501 or more, but less than $27,500
|
50%
|
|
$27,501 or more, but less than $28,500
|
45%
|
|
$28,501 or more, but less than $29,500
|
40%
|
|
$29,501 or more, but less than $30,500
|
35%
|
