[HISTORY: Comes from L.L. No. 81-2009, adopted 9-22-2009, effective 9-28-2009.[1]]
[1]
Editor's Note: This local law also repealed former Ch. 10, adopted 9-16-2008 by L.L. No. 68-2008, effective 9-24-2008.
All current or pending applications for exemption from taxation by the Town of Hempstead, as provided for by § 467 of the Real Property Tax Law and as further provided by the provisions of Town of Hempstead Local Law No. 9, 1966, adopted July 26, 1966, effective August 15, 1966, shall continue in effect according to law except as hereinafter provided.
Effective immediately, the following provisions shall apply to assessment rolls prepared on the basis of taxable status dates occurring after January 1, 1990.
[Amended 9-20-2022 by L.L. No. 69-2022, effective 10-14-2022]
Real property in the Town 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 Town to the extent of the following percentages of the assessed valuation thereof:
Annual Income
Percent of Exemption
Up to and including $50,000
50%
More than $50,000, but less than $51,000
45%
$51,000 or more, but less than $52,000
40%
$52,000 or more, but less than $53,000
35%
$53,000 or more, but less than $53,900
30%
$53,900 or more, but less than $54,800
25%
$54,800 or more, but less than $55,700
20%
$55,700 or more, but less than $56,600
15%
$56,600 or more, but less than $57,500
10%
$57,500 or more, but less than $58,400
5%
No exemption shall be granted:
A. 
Unless an annual application is made therefor, as hereinafter set forth.
B. 
If the income of the owner or combined income of the owners of the property exceeds the sum of $58,400 for the income tax year immediately preceding the date of making the application for exemption. The term "income-tax year" shall mean the twelve-month period for which the owner or owners file 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 § 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 gains 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, inheritances, payments made to individuals because of their status as victims of Nazi persecution, as defined in P.L. 103-286, or monies earned through employment in the federal foster grandparent program, 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. Such income shall not include veterans' disability compensation, as defined in Title 38 of the United States Code. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion and wear and tear of real property held for the production of income.
[Amended 9-20-2022 by L.L. No. 69-2022, effective 10-14-2022]
C. 
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 or by descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed 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 where property of the owner or owners has been required to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary preceding, 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 chapter.
D. 
Unless the property is used exclusively for residential purposes.
E. 
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.
F. 
Unless each of the property owners, or either of them if they are husband or wife, shall reach the age of 65 years before December 30 of the year in which the exemption is requested.
A verified application for the annual exemption shall be made by the owner, or all of the owners, of the property on forms prescribed by the State Board of Equalization and Assessment, to be furnished by the Board of Assessors' office.
The owner, or all of the owners, shall file any supporting document the Board of Assessors deems necessary.
The application and the supporting documents shall be filed in the Board of Assessors' office on or before the first day of May in each year.
The Board of Assessors' office shall accept applications and supporting documents only from January 1 to and including the first day of May in each year.
The Board of Assessors shall not amend the assessment rolls to reflect any exemptions authorized by § 467 of the Real Property Tax Law until a certified copy of the local law, ordinance or resolution providing for such exemption is filed with the Board of Assessors. Applications and supporting documents for exemptions from Town taxes shall be filed with the Board of Assessors, together with supporting documents, in the same manner and within the time specified by § 10-8 of this chapter.
At least 60 days prior to the first day of May in each year, the Board of Assessors shall mail to each person who was granted exemption pursuant to this chapter on the latest completed assessment roll an application form and a notice that such application must be filed on or before each first day of May 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.