Section 467-D. Assessment exemption for certain living quarters constructed to be occupied by a senior citizen or disabled individual  


Latest version.
  • 1.  A  town
      which is bordered by the Hudson river on the west and a different county
      other than the one in which it is located on the north and is located in
      a  county  which has a county tax commission with members who serve five
      year overlapping terms and have powers and duties with respect  to  real
      property  taxation,  acting through its local legislative body is hereby
      authorized and empowered to adopt and amend local laws to provide for an
      exemption from taxation and special ad valorem levies to the  extent  of
      any  increase  in  assessed value of residential property resulting from
      the construction or reconstruction of such property for the  purpose  of
      providing  living quarters for a senior citizen, who is sixty-five years
      of age or older, or individuals considered disabled and receiving social
      security disability benefits. Such an exemption shall not exceed (a) the
      increase in assessed value resulting from construction or reconstruction
      of such property, or (b) twenty percent of the total assessed  value  of
      such  property  as  improved,  or  (c) twenty percent of the median sale
      price of residential property as reported in the most recent statistical
      sales summary published by the office of real property services for  the
      county in which the property is located, whichever is less.
        2. No such exemption shall be granted unless:
        (a)  the  zoning  ordinance  of  such  town  in which such property is
      located  permits  the  construction  or  reconstruction  of  residential
      property  for  the  purpose  of  providing  living  quarters  for senior
      citizens or disabled individuals;
        (b) the property is located within the geographical area in which such
      construction or reconstruction is permitted; and
        (c) the residential property is so constructed or  reconstructed  such
      that it is the principal place of residence for the owner.
        3.  Such  exemption  shall  be  applicable  only  to  construction  or
      reconstruction which occurred subsequent to the effective date  of  this
      section  and  shall only apply during taxable years in which such living
      quarters are the legal residence  of  the  senior  citizen  or  disabled
      person.
        4.  Such  exemption from taxation shall be granted upon an application
      which shall include a statement  that  a  qualified  senior  citizen  or
      disabled  individual resides at the residence and shall be made annually
      upon a form to be promulgated by the office of  real  property  services
      and  filed  by  the  owner of such property to the assessor of such town
      which has the power to assess property for taxation  on  or  before  the
      appropriate  taxable  status  date  of  such  town.  If  the assessor is
      satisfied that the property is qualified for an  exemption  pursuant  to
      this  section,  then  such residential improvements shall be exempt from
      taxation and special ad valorem levies as herein provided.
        5. Any conviction of having made any willful false statements  in  the
      application  for  such exemption shall result in the revocation thereof,
      be punishable by a civil penalty of not more than  two  hundred  dollars
      and shall disqualify the applicant or applicants from further exemptions
      for a period of two years.