[Adopted 1-27-1981 by L.L. No. 2-1981
as Ch. 106, Art. I, of the 1981 Code]
A.
The purpose of this article is to make § 467
of the New York Real Property Tax Law, as amended January 1, 1975,
applicable to the Town of North Greenbush.
B.
Section 467 of the New York Real Property Tax Law,
as amended January 1, 1975, is hereby declared to be applicable to
the Town of North Greenbush and is hereby adopted by the Town of North
Greenbush.
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 any municipal corporation in which located to the
extent of 50% of the valuation thereof.
Exemption from taxation for school purposes
shall not be granted in the case of real property where a child resides
if such child attends a public school of elementary or secondary education.
No exemption shall be granted:
A.
No exemption shall be granted unless the income of the owner or combined income of the owners of the property for the income tax year immediately preceding the date of making the application falls within the parameters established in § 169-5 of the North Greenbush Town Code. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal 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 or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of the real or personal property held for the production of income. Income shall not include nonreimbursed medical expenses incurred to the owner(s) in the income tax year.
[Amended 2-10-1983 by L.L. No. 1-1983; 10-25-1990 by L.L. No. 16-1990; 11-14-1991 by L.L. No. 9-1991; 11-12-1992 by L.L. No. 11-1992; 10-13-1994 by L.L. No. 4-1994; 12-14-2000 by L.L. No. 7-2000; 5-10-2012 by L.L. No. 2-2012]
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 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 said title 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, and further provided that where a residence
is sold and replaced with another within one year and is in the same
assessment unit, 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 subsection.
C.
Unless the property is used exclusively for residential
purposes.
D.
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.
[Added 2-9-1984 by L.L. No. 1-1984; amended 1-29-1987 by L.L. No. 1-1987; 2-8-1990 by L.L. No. 1-1990; 10-25-1990 by L.L. No. 16-1990; 2-27-1992 by L.L. No. 2-1992; 11-12-1992 by L.L. No. 11-1992; 10-13-1994 by L.L. No. 4-1994; 12-14-1995 by L.L. No. 6-1995; 11-14-1996 by L.L. No. 4-1996; 10-22-1998 by L.L. No. 5-1998; 12-14-2000 by L.L. No. 7-2000; 2-27-2003 by L.L. No.
1-2003; 1-22-2004 by L.L. No. 1-2004]
The maximum income eligibility levels for senior
citizen tax exemptions are hereby modified pursuant to § 467
of the Real Property Tax Law. The percentage of exemption shall be
based on the maximum annual income range specified herein as follows:
|
Income Range
|
Percentage
of Exemption
|
|---|---|
|
Up to $29,000
|
50%
|
|
$29,001 to $30,000
|
45%
|
|
$30,001 to $31,000
|
40%
|
|
$31,001 to $32,000
|
35%
|
|
$32,001 to $32,900
|
30%
|
|
$32,901 to $33,800
|
25%
|
|
$33,801 to $34,700
|
20%
|
|
$34,701 to $35,600
|
15%
|
|
$35,601 to $36,500
|
10%
|
|
$36,501 to $37,400
|
5%
|
A.
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 assessing authority,
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 appropriate taxable status date.
B.
At least 60 days prior to the appropriate taxable
status date, the assessing authority 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. Failure to mail any such application
form and notice or the failure of such person to receive the same
shall not prevent the levy, collection and enforcement of the payment
of the taxes on property owned by such person.
