[Adopted 12-20-1976 by L.L. No. 7-1976]
The Village Board of the Village of Menands
recognizes its responsibility and obligation to provide for the welfare
and financial independence of the aged of this community and to provide
for the protection of the low-income homeowner from the increasing
cost of living. Therefore, the intent and 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, as amended.
A.Â
Subject to the applicable provisions of law, particularly § 467 of the Real Property Tax Law, 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, one of whom is 65 years of age or over, shall be exempt from taxation by the Village of Menands to the extent of 50% of the assessed valuation thereof, subject to the conditions set forth in § 153-3. Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed.
B.Â
Such real property tax exemption on real property
owned by husband and wife, 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once granted shall not be rescinded solely because of the death of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.
A.Â
Application for such exemption must be made by the
owner or all of the owners of the property each year on forms prescribed
by the State Board to be furnished by the Village Assessor's office
and shall furnish the information and be executed in the manner required
or prescribed in such forms and shall be filed in such Assessor's
office on or before the Village taxable status date.
B.Â
No exemption shall be granted pursuant to this section:
(1)Â
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
sum of $26,000 for an exemption on the 2007 assessment roll; the sum
of $27,000 for an exemption on the 2008 assessment roll; the sum of
$28,000 for an exemption on the 2009 assessment roll; or the sum of
$29,000 for an exemption on the 2010 assessment roll. "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, except that,
where the husband or wife, or ex-husband or ex-wife, is absent from
the property as provided in Subparagraph (ii) of Paragraph (d) of
Subdivision 3 of § 467 of the Real Property Tax Law, then only
the income of the spouse or ex-spouse residing on the property shall
be considered and 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 on capital, gifts
or inheritances or monies earned through employment in the federal
foster grandparent program. In computing net rental income and net
income from self-employment, no depreciation deduction shall be allowed
for the exhaustion or wear and tear of real or personal property held
for the production of income.
[Amended 7-7-1980 by L.L. No. 3-1980; 9-2-1980 by L.L. No. 4-1980; 12-6-1982 by L.L. No. 1-1982; 7-15-1991 by L.L. No. 1-1991; 2-15-1993 by L.L. No.
1-1993; 3-18-1996 by L.L. No. 1-1996; 4-7-1997 by L.L. No. 1-1997; 11-16-1998 by L.L. No. 4-1998; 12-18-2000 by L.L. No. 3-2000; 11-18-2002 by L.L. No. 5-2002; 3-16-2009 by L.L. No. 2-2009]
(2)Â
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 24
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 the devise 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 purposes of computing
such period of 24 consecutive months, and 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 24
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 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 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;
provided, however, that where the replacement property is in the same
assessing unit but in another school district, the periods of ownership
of both properties shall also be deemed consecutive for purposes of
the exemption from taxation by such school district. 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 periods of ownership of both properties shall be deemed consecutive
for purposes of the exemption from taxation by a municipality within
the state granting such exemption.
[Amended 7-7-1980 by L.L. No. 3-1980]
(3)Â
Unless the property is used exclusively for residential
purposes.
(4)Â
Unless the real 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.
C.Â
Partial exemption (less than 50%); conditions. Effective
as hereinafter provided, there shall be an exemption from taxation
for general 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, 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 exemption eligibility level
also provided in the following schedule:
[Added 3-16-2009 by L.L. No. 2-2009]
|
2009 Exemption
| ||
|---|---|---|
|
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%
| |
|
2010 Exemption
| ||
|---|---|---|
|
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%
| |
(1)Â
No exemption shall be granted pursuant to this section:
(a)Â
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
sum of $35,399.99 for an exemption on the 2009 assessment roll; and
the sum of $36,399.99 for an exemption on the 2010 assessment roll.
"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, except that, where the husband or wife, or ex-husband or
ex-wife, is absent from the property as provided in Subparagraph (ii)
of Paragraph (d) of Subdivision 3 of § 467 of the Real Property
Tax Law, then only the income of the spouse or ex-spouse residing
on the property shall be considered and 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 or inheritances or monies earned through employment
in the federal foster grandparent program, or medical and prescription
drug expenses actually paid which were not reimbursed or paid for
by insurance. In computing net rental income and net income from self-employment,
no depreciation deduction shall be allowed for the exhaustion or wear
and tear of real or personal property held for the production of income.
(b)Â
Unless the title of the property shall have
been vested in the owner or one of the owners of the property for
at least 24 consecutive months prior to the date of making application
for exemption; provided, however, that in the event of the death of
either a 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 purposes of
computing such period of 24 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 24 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 application is made for exemption, and such
periods of ownership shall be deemed to be consecutive for 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 purposes of the exemption from taxation
by a municipality within the state granting such exemption.
(c)Â
Unless the property is used exclusively for
residential purposes.
(d)Â
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.
(2)Â
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 Village of Menands, and shall
furnish the information and be executed in the manner required or
prescribed in such forms and shall be filed in the Village of Menands
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 of age after the appropriate taxable status
date and before December 31 of the same year.
(3)Â
Penalty for false statement; collection of erroneous
exemption; payment of fines.
(a)Â
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)Â
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 10 of the New York State Real Property Tax Law.
(4)Â
The real property tax exemption on real property owned
by husband and wife, one of whom is 65 years of age or over, once
granted, shall not be rescinded by the Village of Menands solely because
of the death of the older spouse so long as the surviving spouse is
at least 62 years of age.
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.
