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 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, 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.
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]