[Adopted 1-3-1967]
The purpose of this article is to grant a partial exemption from taxation to the extent of 50% of the assessed valuation of real property which is owned by certain persons with limited income who are 65 years of age or over meeting the requirements set forth in § 467 of the Real Property Tax Law.
[Amended 3-16-1971; 9-19-1972; 12-3-1974; 7-5-1977; 6-19-1979; 10-7-1980; 7-27-1982; 11-1-1983; 12-19-1989]
Real property owned by persons 65 years of age or over or real property owned by husband and wife, one of whom is 65 years of age or over shall be exempt from Town taxes to the extent of 50% of the assessed valuation subject to the following conditions:
A. 
The owner or all of the owners must file an application annually in the Assessor's office in the manner prescribed by said § 467[1] on or before the appropriate taxable status date or at such other time as provided for in said § 467; provided, however, that a person who has been granted the exemption for five consecutive completed assessment rolls shall automatically be granted an exemption on all subsequent assessment rolls if the applicant provides the Town, with his tax payment, a sworn affidavit, in a form authorized by the New York State Board of Equalization and Assessment,[2] stating that said applicant continues to be eligible for the exemption and further provided that if such affidavit is not provided to the Town with the tax payment, the Receiver of Taxes and Assessments shall proceed as provided in § 551-a of the Real Property Tax Law of the State of New York.
[1]
Editor's Note: See Real Property Tax Law § 467.
[2]
Editor's Note: Pursuant to L. 1994, c. 385, effective 1-1-1995, this Board shall be known and cited as the Board of Real Property Services.
B. 
Qualifying income and exemption.
[Last amended 1-9-2007 by L.L. No. 1-2007]
(1) 
2007 assessment roll.
(a) 
The income of the owner or the combined income of the owners must not exceed $26,000 for the income tax year immediately preceding the date that the application is filed, except that if the said income or combined income shall exceed $26,000 then there shall be a graduated schedule of exemptions in accordance with the following:
2006 Annual Income
Percentage of Assessed Valuation Exempt from Taxation
Less than $26,000
50%
More than $26,001 but less than $26,999.99
45%
More than $27,000 but less than $27,999.99
40%
More than $28,000 but less than $28,999.99
35%
More than $29,000 but less than $29,899.99
30%
More than $29,900 but less than $30,799.99
25%
More than $30,800 but less than $31,699.99
20%
More than $31,700 but less than $32,599.99
15%
More than $32,600 but less than $33,499.99
10%
More than $33,500 but less than $34,399.99
5%
(b) 
This shall be effective for exemptions on taxes for the 2007 assessment roll.
(2) 
2008 assessment roll.
(a) 
The income of the owner or the combined income of the owners must not exceed $27,000 for the income tax year immediately preceding the date that the application is filed, except that if the said income or combined income shall exceed $27,000 then there shall be a graduated schedule of exemptions in accordance with the following:
2007 Annual Income
Percentage of Assessed Valuation Exempt from Taxation
Less than $27,000
50%
More than $27,001 but less than $27,999.99
45%
More than $28,000 but less than $28,999.99
40%
More than $29,000 but less than $29,999.99
35%
More than $30,000 but less than $30,899.99
30%
More than $30,900 but less than $31,799.99
25%
More than $31,800 but less than $32,699.99
20%
More than $32,700 but less than $33,599.99
15%
More than $33,600 but less than $34,499.99
10%
More than $34,500 but less than $35,399.99
5%
(b) 
This shall be effective for exemptions on taxes for the 2008 assessment roll.
(3) 
2009 assessment roll.
(a) 
The income of the owner or the combined income of the owners must not exceed $28,000 for the income tax year immediately preceding the date that the application is filed, except that if the said income or combined income shall exceed $28,000 then there shall be a graduated schedule of exemptions in accordance with the following:
2008 Annual Income
Percentage of Assessed Valuation Exempt from Taxation
Less than $28,000
50%
More than $28,001 but less than $28,999.99
45%
More than $29,000 but less than $29,999.99
40%
More than $30,000 but less than $30,999.99
35%
More than $31,000 but less than $31,899.99
30%
More than $31,900 but less than $32,799.99
25%
More than $32,800 but less than $33,699.99
20%
More than $33,700 but less than $34,599.99
15%
More than $34,600 but less than $35,499.99
10%
More than $35,500 but less than $36,399.99
5%
(b) 
This shall be effective for exemptions on taxes for the 2009 assessment roll.
(4) 
2010 assessment roll.
(a) 
The income of the owner or the combined income of the owners must not exceed $29,000 for the income tax year immediately preceding the date that the application is filed, except that if the said income or combined income shall exceed $29,000 then there shall be a graduated schedule of exemptions in accordance with the following:
2009 Annual Income
Percentage of Assessed Valuation Exempt from Taxation
Less than $29,000
50%
More than $29,001 but less than $29,999.99
45%
More than $30,000 but less than $30,999.99
40%
More than $31,000 but less than $31,999.99
35%
More than $32,000 but less than $32,899.99
30%
More than $32,900 but less than $33,799.99
25%
More than $33,800 but less than $34,699.99
20%
More than $34,700 but less than $35,599.99
15%
More than $35,600 but less than $36,499.99
10%
More than $36,500 but less than $37,399.99
5%
(b) 
This shall be effective for exemptions on taxes for the 2010 assessment roll.
C. 
Title to the property must be vested in the owner or, if more than one in one of the owners, for at least 24 consecutive months prior to the date that the application is filed.
D. 
The property must be used exclusively for residential purposes, be occupied in whole or in part by the owners and constitute the legal residence of the owners.
E. 
This exemption shall not be denied to an applicant who becomes 65 years old after the taxable status date in any given year but before December 31 of such year.
F. 
The Assessor of the Town of Niskayuna is entitled to accept applications for the renewal of Senior Citizens Tax Exemption on or before April 15 of any year. In the event the owner, or all of the owners, of property which has received an exemption pursuant to this section on the preceding assessment roll fail to file the application required pursuant to this section on or before taxable status date such owner or owners may file the application, executed as if such application had been filed on or before the taxable status date, with the assessor on or before the date for the hearing of complaints.
[Added 1-24-2012 by L.L. No. 1-2012]