2006 New York Code - Exemption For Persons Sixty-five Years Of Age Or Over.

 
    §  11-245.3  Exemption for persons sixty-five years of age or over. 1.
  Real property owned by one or more persons, each of whom  is  sixty-five
  years  of  age or over, or real property owned by husband and wife or by
  siblings, one of whom is sixty-five years  of  age  or  over,  shall  be
  exempt  from  taxes  on real estate to the extent of fifty per centum of
  the assessed valuation  thereof.  For  the  purposes  of  this  section,
  siblings  shall  mean  a  brother  or  a sister, whether related through
  halfblood, whole blood or adoption.
    2. 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.
    3. No exemption shall be granted:
    (a) if the income of the owner or the combined income of the owners of
  the  property  exceeds  the  sum of twenty-four thousand dollars for the
  income tax year immediately preceding the date of making application for
  exemption. 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 the wife, their combined income may not exceed such sum,
  except 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
  this subdivision, 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
  gifts,  inheritances,  a return of capital, payments made to individuals
  because of their status as victims of Nazi  persecution  as  defined  in
  P.L.  103-286,  monies  earned  through employment in the federal foster
  grandparent program, and veterans disability compensation as defined  in
  title  38 of the United States Code, 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. 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 twelve
  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 purposes of computing such
  period of twelve consecutive months, and provided further, that  in  the
  event of a transfer by either 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 transferer  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   twelve
  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  where  a  residence  is  sold  and


  replaced with another within one year and both are within the state, 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  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  paragraph  that  the
  title  of the property shall have been vested in the owner or one of the
  owners for such period of twelve  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 paragraph that the title of the property shall have
  been vested in the owner or one of the owners for such period of  twelve
  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
  section;
    (d)  unless  the 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;
  except  where, (i) an owner is absent from the residence while receiving
  health-related care  as  an  inpatient  of  a  residential  health  care
  facility,  as  defined in section twenty-eight hundred one of the public
  health law, provided that any income accruing to that  person  shall  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, (ii) 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 section are met provided
  that where an exemption was previously granted when both resided on  the
  property,  then  the  person  remaining  on  the  real property shall be
  sixty-two years of age or over.
    4. 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 department of finance and shall furnish the information
  and must be executed in the manner required or prescribed in  such  form
  and  shall be filed in the department of finance in the borough in which
  the real property is located between the fifteenth day  of  January  and
  the  fifteenth day of March. Notwithstanding any other provision of law,
  any person otherwise qualifying under this section shall not  be  denied
  the  exemption  under this section if he or she becomes sixty-five years
  of age  after  the  taxable  status  date  and  on  or  before  December
  thirty-first of the same year.
    5.  At  least  sixty  days  prior  to the fifteenth day of January the
  department of  finance  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  between  the  fifteenth  day  of January and the fifteenth day of


  March every two years from the year in which such exemption was  granted
  and be approved in order for the exemption to be granted. The department
  of  finance 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,  where  an
  applicant  has  included  two  such envelopes, the department of finance
  shall, upon the filing of the  application,  send  by  mail,  notice  of
  receipt of that application. Where an applicant is entitled to notice of
  denial  provided  herein,  such  notice shall state the reasons for such
  denial and shall further state that such determination is reviewable  in
  a  manner  provided by law. Failure to mail any such application form or
  notices or the failure of such person to receive any or all of the  same
  shall not prevent the levy, collection and enforcement of the payment of
  the taxes on property owned by such person.
    6.  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  one  hundred  dollars  and  shall  disqualify  the  applicant   or
  applicants from further exemption for a period of five years.
    7.  Notwithstanding  the  maximum  income  exemption eligibility level
  provided in subdivision three of this section, an exemption, subject  to
  all  other  provisions of this section, shall be granted as indicated in
  the following schedule:
 
             Annual Income                               Percentage
               Assessed                               Valuation Exempt
                                                        From Taxation
  ------------------------------------------------------------------------
         More than $24,000 but
           less than $25,000                            45 per centum
         $25,000 or more but
           less than $26,000                            40 per centum
         $26,000 or more but
           less than $27,000                            35 per centum
         $27,000 or more but
           less than $27,900                            30 per centum
         $27,900 or more but
           less than $28,800                            25 per centum
         $28,800 or more but
           less than $29,700                            20 per centum
         $29,700 or more but
           less than $30,600                            15 per centum
         $30,600 or more but
           less than $31,500                            10 per centum
         $31,500 or more but
           less than $32,400                             5 per centum
 
    8. Any exemption provided by this section shall be computed after  all
  partial  exemptions  allowed  by law have been subtracted from the total
  amount assessed.
    9. Exemption from  taxation  as  provided  in  this  section  on  real
  property  owned  by husband and wife, one of whom is sixty-five years of
  age or older, once granted, shall not be rescinded solely because of the
  death of the older spouse so long as the surviving spouse  is  at  least
  sixty-two years of age.
    10. a. For the purposes of this section, 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 or her 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. That proportion of the
  assessment  of  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 department of finance 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.  Each cooperative apartment corporation shall notify
  each tenant-stockholder in residence thereof of such provisions  as  are
  set forth in this section.
    b.  Notwithstanding  any  other provision of law, a tenant-stockholder
  who resides in a dwelling which is subject to the provisions  of  either
  article  II,  IV,  V or XI of the private housing finance law and who is
  eligible for a rent increase exemption  pursuant  to  chapter  seven  of
  title  twenty-six  of  this  code shall not be eligible for an exemption
  pursuant to this subdivision. Notwithstanding  any  other  provision  of
  law,  a tenant-stockholder who resides in a dwelling which is subject to
  the provisions of either article II, IV, V or XI of the private  housing
  finance  law  and  who  is  not  eligible  for a rent increase exemption
  pursuant to chapter seven of title twenty-six of this code but who meets
  the requirements for eligibility  for  an  exemption  pursuant  to  this
  section  shall  be  eligible  for  such  exemption  provided  that  such
  exemption shall be in an amount determined by multiplying the  exemption
  otherwise  allowable  pursuant  to  this  section by a fraction having a
  numerator equal to the amount of real property taxes or payments in lieu
  of taxes that were paid with respect to such dwelling and a  denominator
  equal  to  the  full  amount of real property taxes that would have been
  owed with respect to such dwelling had it not been granted an  exemption
  or  abatement  of  real property taxes pursuant to any provision of law,
  provided, however, that any reduction in real  property  taxes  received
  with  respect  to  such  dwelling  pursuant  to  chapter  seven of title
  twenty-six of this code  or  pursuant  to  this  section  shall  not  be
  considered  in  calculating  such  numerator. Any tenant-stockholder who
  resides in a dwelling which was or continues to be subject to a mortgage
  insured or initially insured  by  the  federal  government  pursuant  to
  section  two  hundred  thirteen of the national housing act, as amended,
  and who is eligible for both  a  rent  increase  exemption  pursuant  to
  chapter seven of title twenty-six of this code and an exemption pursuant
  to  this  subdivision,  may apply for and receive either a rent increase
  exemption pursuant to such chapter or  an  exemption  pursuant  to  this
  subdivision, but not both.