[Adopted 2-28-2018 by L.L. No. 1-2018[1]]
[1]
Editor's Note: This local law also superseded former Art. IV, Real Property Exemption for Aged Persons, adopted 7-6-1967, as amended.
The Town Board of the Town of Oneonta, ever mindful of its responsibilities and obligations to provide for the welfare and financial independence of the senior citizens of this community, intends, by the enactment of this article, to provide for the protection of the elderly low-income homeowner from the increased cost of living. It is the intention of the Town Board of the Town of Oneonta to provide tax exemptions of real property to certain of our qualifying senior citizens so as to better enable them to enjoy their retirement.
Pursuant to a resolution adopted on February 28, 2018, the Town of Oneonta Town Board accepted the County of Otsego sliding scale for senior citizens tax exemptions. The sliding scale is on file in the office of the Town Clerk and in the office of the County Clerk. The sliding scale may be changed by resolution of the Town Board.
In order to qualify for an exemption, the following requirements must be met:
A. 
Each of the owners of the real property must be 65 years of age or over, except that where real property is owned by a spouse, either spouse must be 65 years of age or over, until the taxable status date or before December 31 of the same year.
B. 
Title to the property shall have been vested in the owners of the property for at least 24 consecutive months prior to the date of the application.
(1) 
In computing 24 consecutive months where the property is owned by a spouse, in the case of the death of either in whose name title was vested at the time of death and title becomes vested solely by virtue of devise or descent from the deceased spouse, the survivor shall add the time of ownership by the survivor so that the owner's period is continuous.
(2) 
A transfer by one spouse to the other of all or part of the title shall be deemed a continuous period of ownership by the transferee to comply with the 24 consecutive months.
(3) 
Where property of the owner or owners has been acquired to replace property formerly owned by the owner or owners and taken by eminent domain or other involuntary proceedings except a tax sale, the period of ownership of the property for which application is made shall be considered consecutive in computing 24 months.
(4) 
Where a residence is sold and replaced within one year and is in the same assessing unit of the municipality or where both residences are within the state, the period of ownership of the former shall be combined with the replacement and deemed consecutive for the exemption application.
C. 
The property must be used exclusively for residential purposes and be occupied in whole or in part by the owner or owners and be their legal residence.
D. 
The combined income of all of the owners of property must have been less than the amount set forth in this article during the 12 months immediately preceding the date of making the application for exemption. Where title to the property is vested in either spouse, the combined income of the spouses may not exceed the amounts set forth in this article. Where the real property tax exemption has been granted, the exemption on property owned by the spouses shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is 62 years of age. "Income" includes all social security and retirement payments, interest, dividends, net rental income, salaries or other earnings, including net income for self-employment. However, all medical and prescription drug expenses which are actually paid by the senior citizen and not reimbursed or paid by insurance may be used to offset this income. "Income" does not include gifts, inheritances, nor veterans' disability compensation as defined in Title 38 of the U.S. Code or equivalent code provision.