[Adopted 3-14-1989 as Ch. 131, Art.
II, of the 1989 Code]
This article shall be known as the "Partial
Tax Exemption Ordinance Pursuant to § 467 of the Real Property
Tax Law."
The purpose of this article shall be to grant
partial exemption from real property taxation by the Village for real
property owned by certain persons with limited income who are 65 years
of age or over, all pursuant to § 467 of the Real Property
Tax Law of the state.
[Amended 12-12-1989 by L.L. No. 6-1989]
A.
Partial exemption from real property taxation for
real property owned by certain persons with limited income who are
65 years of age or over shall be granted subject to the requirements
of this article.
B.
Effective January 1, 1990, any person otherwise qualifying
under this article shall not be denied the exemption if he becomes
65 years of age after the appropriate taxable status date and before
December 31 of the same year.
[Last amended 2-10-2007 by L.L. No. 2-2007]
The partial Village real property tax exemption
shall apply to the owner or owners of real property 65 years of age
or older and having an annual income, individual or combined, in accordance
with the following schedule for the following years:
|
2007 Assessment Roll
| |
|---|---|
|
Combined Annual Income of Owners
|
Percent of Assessed Valuation Exempt From
Taxation
|
|
Less than $26,000
|
50%
|
|
$26,000 to $26,999.99
|
45%
|
|
$27,000 to $27,999.99
|
40%
|
|
$28,000 to $28,999.99
|
35%
|
|
$29,000 to $29,899.99
|
30%
|
|
$29,900 to $30,799.99
|
25%
|
|
$30,800 to $31,699.99
|
20%
|
|
$31,700 to $32,599.99
|
15%
|
|
$32,600 to $33,499.99
|
10%
|
|
$33,500 to $34,399
|
5%
|
|
2008 Assessment Roll
| |
|---|---|
|
Combined Annual Income of Owners
|
Percent of Assessed Valuation Exempt From
Taxation
|
|
Less than $27,000
|
50%
|
|
$27,000 to $27,999.99
|
45%
|
|
$28,000 to $28,999.99
|
40%
|
|
$29,000 to $29,999.99
|
35%
|
|
$30,000 to $30,899.99
|
30%
|
|
$30,900 to $31,799.99
|
25%
|
|
$31,800 to $32,699.99
|
20%
|
|
$32,700 to $33,599.99
|
15%
|
|
$33,600 to $34,499.99
|
10%
|
|
$34,500 to $35,399
|
5%
|
|
2009 Assessment Roll
| |
|---|---|
|
Combined Annual Income of Owners
|
Percent of Assessed Valuation Exempt From
Taxation
|
|
Less than $28,000
|
50%
|
|
$28,000 to $28,999.99
|
45%
|
|
$29,000 to $29,999.99
|
40%
|
|
$30,000 to $30,999.99
|
35%
|
|
$31,000 to $31,899.99
|
30%
|
|
$31,900 to $32,799.99
|
25%
|
|
$32,800 to $33,699.99
|
20%
|
|
$33,700 to $34,599.99
|
15%
|
|
$34,600 to $35,499.99
|
10%
|
|
$35,500 to $36,399
|
5%
|
|
2010 Assessment Roll
| |
|---|---|
|
Combined Annual Income of Owners
|
Percent of Assessed Valuation Exempt From
Taxation
|
|
Less than $29,000
|
50%
|
|
$29,000 to $29,999.99
|
45%
|
|
$30,000 to $30,999.99
|
40%
|
|
$31,000 to $31,999.99
|
35%
|
|
$32,000 to $32,899.99
|
30%
|
|
$32,900 to $33,799.99
|
25%
|
|
$33,800 to $34,699.99
|
20%
|
|
$34,700 to $35,599.99
|
15%
|
|
$35,600 to $36,499.99
|
10%
|
|
$36,500 to $37,399
|
5%
|
No exemption under this article shall be granted:
A.
If the income of the owner or the combined income of the owners of the property exceeds the sums set forth in § 184-18 herein. "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 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 or gifts or inheritances. 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 or wear and tear of real or personal property held for the production of income.
[Amended 12-10-1996 by L.L. No. 8-1996]
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 12
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 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. 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. 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, the period of
ownership of the former property shall be combined with the period
of ownership of the property for which an application is made for
exemption, and such periods of ownership shall be deemed to be consecutive
for purposes of this section. Where a residence is sold and replaced
with another within one year and both residences are within the state,
the period of ownership of both properties shall be deemed consecutive
for purposes of the exemption from taxation by a municipality within
the state granting such exemption.
[Amended 2-13-1996 by L.L. No. 3-1996]
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 article.
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, provided that an owner who is absent while
receiving health-related care as an inpatient of a residential health-care
facility, as defined in § 2801 of the Public Health Law,
shall be deemed to remain a legal resident and an occupant of the
property while so confined, and 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.
[Amended 12-12-1989 by L.L. No. 6-1989]
A.
Applications for such exemptions 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 Assessor of the Village, and
shall furnish the information and be executed in the manner required
or prescribed in such forms and shall be filed in the Assessor's office
on or before the taxable status date for the Village.
B.
In the event that the owner or all of the owners of
real property who have received an exemption hereunder on the preceding
assessment roll fail to file an application hereunder by the taxable
status date, such owner or owners may file such application on or
before grievance day.
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 $100 and shall disqualify the applicant
or applicants from further exemption for a period of five years.
