[Adopted 2-9-1977; last amended 2-21-2007 by L.L. No. 1-2007]
A.
Beginning July 1, 2006, for persons 65 years of age or over, and
effective as hereinafter provided, there shall be an exemption from
taxation for Town purposes on real property owned by one or more persons,
each of whom is 65 years of age or over, or real property owned by
husband and wife or by siblings, one of whom is 65 years of age or
over, to the extent of the percentage of assessed valuation provided
in the following schedule, determined by the maximum income eligibility
level also provided in the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt From Taxation
| |
|---|---|---|
|
$26,000 or less
|
50%
| |
|
More than $26,000 but less than $27,000
|
45%
| |
|
$27,000 or more but less than $28,000
|
40%
| |
|
$28,000 or more but less than $29,000
|
35%
| |
|
$29,000 or more but less than $29,900
|
30%
| |
|
$29,900 or more but less than $30,800
|
25%
| |
|
$30,800 or more but less than $31,700
|
20%
| |
|
$31,700 or more but less than $32,600
|
15%
| |
|
$32,600 or more but less than $33,500
|
10%
| |
|
$33,500 or more but less than $34,400
|
5%
|
B.
Beginning July 1, 2007 for persons 65 years of age or over, and effective
as hereinafter provided, there shall be an exemption from taxation
for Town purposes on real property owned by one or more persons, each
of whom is 65 years of age or over, or real property owned by husband
and wife or by siblings, one of whom is 65 years of age or over, to
the extent of the percentage of assessed valuation provided in the
following schedule, determined by the maximum income eligibility level
also provided in the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt From Taxation
| |
|---|---|---|
|
$27,000 or less
|
50%
| |
|
More than $27,000 but less than $28,000
|
45%
| |
|
$28,000 or more but less than $29,000
|
40%
| |
|
$29,000 or more but less than $30,000
|
35%
| |
|
$30,000 or more but less than $30,900
|
30%
| |
|
$30,900 or more but less than $31,800
|
25%
| |
|
$31,800 or more but less than $32,700
|
20%
| |
|
$32,700 or more but less than $33,600
|
15%
| |
|
$33,600 or more but less than $34,500
|
10%
| |
|
$34,500 or more but less than $35,400
|
5%
|
C.
Beginning July 1, 2008, for persons 65 years of age or over, and
effective as hereinafter provided, there shall be an exemption from
taxation for Town purposes on real property owned by one or more persons,
each of whom is 65 years of age or over, or real property owned by
husband and wife or by siblings, one of whom is 65 years of age or
over, to the extent of the percentage of assessed valuation provided
in the following schedule, determined by the maximum income eligibility
level also provided in the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt From Taxation
| |
|---|---|---|
|
$28,000 or less
|
50%
| |
|
More than $28,000 but less than $29,000
|
45%
| |
|
$29,000 or more but less than $30,000
|
40%
| |
|
$30,000 or more but less than $31,000
|
35%
| |
|
$31,000 or more but less than $31,900
|
30%
| |
|
$31,900 or more but less than $32,800
|
25%
| |
|
$32,800 or more but less than $33,700
|
20%
| |
|
$33,700 or more but less than $34,600
|
15%
| |
|
$34,600 or more but less than $35,500
|
10%
| |
|
$35,500 or more but less than $36,400
|
5%
|
D.
Beginning July 1, 2009, for persons 65 years of age or over, and
effective as hereinafter provided, there shall be an exemption from
taxation for Town purposes on real property owned by one or more persons,
each of whom is 65 years of age or over, or real property owned by
husband and wife or by siblings, one of whom is 65 years of age or
over, to the extent of the percentage of assessed valuation provided
in the following schedule, determined by the maximum income eligibility
level also provided in the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt From Taxation
| |
|---|---|---|
|
$29,000 or less
|
50%
| |
|
More than $29,000 but less than $30,000
|
45%
| |
|
$30,000 or more but less than $31,000
|
40%
| |
|
$31,000 or more but less than $32,000
|
35%
| |
|
$32,000 or more but less than $32,900
|
30%
| |
|
$32,900 or more but less than $33,800
|
25%
| |
|
$33,800 or more but less than $34,700
|
20%
| |
|
$34,700 or more but less than $35,600
|
15%
| |
|
$35,600 or more but less than $36,500
|
10%
| |
|
$36,500 or more but less than $37,400
|
5%
|
Any exemption provided by this article shall be computed after
all other partial exemptions allowed by law, excluding the school
tax relief (STAR) exemption, have been subtracted from the total amount
assessed.
A.
Title to that portion of real property owned by a cooperative apartment
corporation in which a tenant-stockholder of such corporation resides,
and which is represented by his share or shares of stock in such corporation
as determined by its or their proportional relationship to the total
outstanding stock of the corporation, including that owned by the
corporation, shall be deemed to be vested in such tenant-stockholder.
B.
That proportion of the assessment of such real property owned by
a cooperative apartment corporation determined by the relationship
of such real property vested in such tenant-stockholder to such entire
parcel and the buildings thereon owned by such cooperative apartment
corporation in which such tenant-stockholder resides shall be subject
to exemption from taxation pursuant to this section, and any exemption
so granted shall be credited by the appropriate taxing authority against
the assessed valuation of such real property; the reduction in real
property taxes realized thereby shall be credited by the cooperative
apartment corporation against the amount of such taxes otherwise payable
by or chargeable to such tenant-stockholder.
No exemption shall be granted:
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 exceeds the maximum sum authorized
by the provisions of § 467 of the Real Property Tax Law.
"Income tax year" shall mean the 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 the husband or wife, 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 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 a return of capital, gifts, inheritances, payments
made to individuals because of their status as victims of Nazi persecution,
as defined in P.L. 103-286 or monies earned through employment in
the federal foster grandparent program and any such income shall be
offset by all medical and prescription drug expenses actually paid
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.
B.
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 husband or wife in whose
name title of the property shall have been vested at the time of death
and then becomes vested solely in the survivor by virtue of devise
by or descent from the deceased husband or wife, the time of ownership
of the property by the deceased husband or wife shall be deemed also
a time of ownership by the survivor, and such ownership shall be deemed
continuous for the purpose of computing such period of 12 consecutive
months; provided, further, that in the event of a transfer by either
a husband or wife 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 purposes
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 a tax sale, the period
of ownership of the former property shall be combined with the period
of ownership of the property for which the application is made for
exemption, and such periods of ownership shall be deemed to be consecutive
for the purposes of this section. Where a residence is sold and replaced
with another within one year and is in the same assessing unit or
municipality, the period of ownership of the former property shall
be combined with the period of ownership of the replacement residence
and deemed consecutive for exemption from taxation by each such assessing
unit or municipality. Notwithstanding any other provision of law,
where a residence is sold and replaced with another within one year
and both residences are within the state, the period of ownership
of both properties shall be deemed consecutive for the exemption from
taxation by a municipality within the state granting such exemption.
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 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.
C.
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 article.
D.
Unless the real property is the legal residence and is occupied,
in whole or in part, by the owner or by all of the owners of the property;
except where:
(1)
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 only 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 owner; or
(2)
The real property is owned by a husband and/or wife, or an ex-husband
and/or an ex-wife, and either is absent from the residence due to
divorce, legal separation or abandonment and all other provisions
of this article are not satisfied such that an exemption was previously
granted when both resided on the property and the person remaining
on the real property shall be 62 years of age or over.
Application for such exemption must be made by the owner, or
all of the owners of the property, on forms prescribed by the State
Board to be furnished by the appropriate local assessing unit, and
shall furnish the information and be executed in the manner required
or prescribed on such forms and shall be filed with the Town Assessor's
Office on or before the appropriate taxable status date. Notwithstanding
any other provision of law, any person otherwise qualifying under
this section shall not be denied the exemption under this section
if he becomes 65 years after the appropriate taxable status date and
on or before December 31 of the same year.
A.
At least 60 days prior to the appropriate taxable status date, the
Town Assessor's office 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
filed on or before taxable status date and be approved in order for
the exemption to be granted. The Town Assessor's office 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 Town Assessor's
Office shall, upon 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 failure of such person
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.
B.
The Town Assessor's office shall accept applications for the
renewal of exemptions pursuant to this section after the taxable status
date. In the event that 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.
A.
Any conviction of having made any willful false statement in the
application for such exemption 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.
B.
Notwithstanding any inconsistent provisions of the New York State
Real Property Tax Law, the collection of any amount of tax erroneously
exempted due to an incorrect statement in an application for exemption
shall be enforceable in the same manner provided for the collection
of delinquent taxes pursuant to the provisions of Article 11 of the
New York State Real Property Tax Law.
C.
Any fine levied pursuant to this section shall be paid to the appropriate
assessing authority.
The real property tax exemption on real property owned by a
husband and wife, one of whom is 65 years of age or over, once granted,
shall not be rescinded by the Town solely because of the death of
the older spouse so long as the surviving spouse is at least 62 years
of age.
This article shall take effect immediately and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on and after January 1, 2007.
