City of Ithaca, NY Senior Citizens Exemption

[Amended 12-18-2000 by Ord. No. 2000-15; 1-15-2003 by Ord. No. 2003-1; 2-4-2004 by Ord. No. 2004-1; 12-5-2007 by Ord. No. 2007-10; 2-4-2009 by Ord. No. 2009-02; 12-2-2009 by Ord. No. 2009-08]

Pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New York, real property in the City of Ithaca owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a married couple or by siblings, one of whom is 65 years of age or over, shall be partially exempt from taxation by the City based upon the income of the owner or the combined incomes of the owners.

[Amended 10-2-2013 by Ord. No. 2013-14]

(1)

Such partial exemption shall be to the extent set forth in the schedule following:

	Annual Income of Owner or Combined Annual Income of Owners	Assessed Valuation Exempt From Taxation
	Up to but less than $29,000	50%
	Up to but less than $30,000	45%
	Up to but less than $31,000	40%
	Up to but less than $32,000	35%
	Up to but less than $32,900	30%
	Up to but less than $33,800	25%
	Up to but less than $34,700	20%
	Up to but less than $35,600	15%
	Up to but less than $36,500	10%
	Up to but less than $37,400	5%

(2)

The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations set forth in § 467 of the Real Property Tax Law of the State of New York.

The partial real property tax exemption on real property owned by a married couple, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.

[Amended 12-18-2000 by Ord. No. 2000-15; 1-15-2003 by Ord. No. 2003-1; 2-4-2004 by Ord. No. 2004-1; 12-5-2007 by Ord. No. 2007-10; 2-4-2009 by Ord. No. 2009-02; 12-2-2009 by Ord. No. 2009-08]

No exemption shall be granted:

If the income of the owner or the combined income of the owners of the property exceeds the sum of $37,400 for the income tax year immediately preceding the date of making application for exemption as consistent with the schedule provided in § 300-1A. "Income tax year" shall mean a 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 spouse, 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 from self-employment but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion of, or wear and tear on, real or personal property held for the production of income.

[Amended 10-2-2013 by Ord. No. 2013-14]

Unless the owner shall have held an exemption under this section for his previous residence or 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; provided, however, that in the event of the death of either spouse in whose name title of the property shall have been vested at the time of death which then becomes vested solely in the survivor by virtue of devise by or descent from the deceased spouse, the time of ownership of the property by the deceased spouse 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 12 consecutive months; provided, further, that in the event of a transfer by either spouse 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 12 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 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 the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provisions of this section, the reacquisition of title by such owner or owners within nine months of the date of transfer shall be deemed to satisfy the requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 12 consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions becomes vested, by virtue of devise by or descent from the deceased owner or owners, or by transfer by any other means within nine months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 12 consecutive months shall be deemed satisfied.

Unless the property is used exclusively for residential purposes; provided, however, that in the event 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.

Unless the 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, except where an owner is absent from the residence while receiving health-related care as an inpatient of a residential health-care facility, as defined in § 2801 of the Public Health Law, provided that any 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 property; or the real property is owned by a spouse or an ex-spouse and either is absent from the residence due to divorce, legal separation or abandonment and all other provisions of this section are met, provided that where an exemption was previously granted when both resided on the property, then the person remaining on the real property shall be 62 years of age or older.