Assessor Manuals, Exemption Administration: RPTL Section 467-k
Exemption Administration Manual—Part 1: Residential—Other than multiple dwellings
Section 4.01 - RPTL Section 467-k: Long-time senior residents in the City of Buffalo
Exemption code:
44513
Year originally enacted:
2018
Related statutes:
RPTL §467
Summary
To the extent allowed by local option, certain 1, 2, and 3 family residential properties that are located in a city with a population greater than 250,000 but less than 300,000, as measured by the latest decennial census, located in certain census tracts, and that are owned by income-eligible long-time senior citizen residents are exempt from taxation and special ad-valorem levies to the extent that the assessed value exceeds the base assessment. The exemption is currently applicable only in the City of Buffalo.
Eligibility requirements
Ownership requirements:
All the owners of the property must be 65 years of age or older, as of Taxable Status Date, unless the property is owned by a married couple, or by siblings, one of whom is 65 years of age or older. A city may specify in its local law that eligible owners may turn 65 on or before December 31st of the same year. The total household income may not exceed $30,000 for the tax year immediately preceding the year of application. Income is defined as federal adjusted gross income minus taxable IRA distributions.
Property location requirements:
The property must be located in a city with a population greater than 250,000, but less than 300,000 according to the latest decennial census. The property must also be located in a census tract which has a median income not exceeding $16,056, according to the 2010 census. A city may further limit the exemption, in its local law, to specific areas of the city that are experiencing an increase in property values due to new development.
Property use requirements:
The property must be the primary residence of the of one or more of the owners. One or more of the owners must have owned and resided in the property for no less than 25 years.
Certification by state or local government:
None required.
Required construction start date or other time requirement:
None required.
Local option
Yes. A city may choose to allow the exemption through passage of a local law after conducting a public hearing. Once a city has chosen to allow the exemption, the county in which it is located may choose to provide the exemption in the same manner as the city. In addition, the city may choose to allow age-eligibility to be based upon December 31st instead of Taxable Status Date. Furthermore, the city may choose to restrict the exemption to certain areas of the city.
Limitation on exemption
| Taxing jurisdiction | Amount | Duration | Special ad valorem levies | Special assessments |
|---|---|---|---|---|
| County or county special district* | Yes** | No limit | Yes** | No exemption allowed |
| City* | Yes** | No limit | Yes** | No exemption allowed |
| Town or town special district | Not applicable | Not applicable | Not applicable | Not applicable |
| Village | Not applicable | Not applicable | Not applicable | Not applicable |
| school district | See note below*** | See note below*** | Not applicable | Not applicable |
*Amount is limited to any increase in assessed value that exceeds the base assessment.
**If allowed by local option.
***The statute governing this exemption does not specifically address its applicability to school taxes.
Payments in lieu of taxes
None required.
Calculation of exemption
General municipal and school district taxes:
The amount of the exemption is the increase in assessed value of the property that exceeds the base assessment. The base assessment is the assessment on the roll in the year immediately preceding the first year in which exemption was granted. The exemption amount does not include assessment increases due to physical change, removal or reduction of an exemption, or a revaluation in which the increase in assessment is equal to or less than the change in level of assessment.
Special ad valorem levies:
See Calculation of Exemption, General Municipal and School District taxes above.
Special assessments:
No exemption allowed.
Assessment roll section
Taxable (RPS Section 1).
Filing requirements (owner or occupant of property)
Initial application:
File Form RP‑467-K2, Application for Partial Tax Exemption for Long Time Senior Citizen Residents In the City of Buffalo.
Renewal:
An application must be filed annually to maintain the exemption
Exemption application forms
Form RP‑467-K2, Application for partial tax exemption for long-time senior citizen residents In the City of Buffalo.
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