[Adopted 12-14-1966 by L.L. No. 5-1966 (Part I, Subpart 5, of the 1964 Code); amended in its entirety 2-21-1996 by L.L. No.
1-1996]
This article is adopted pursuant to the provisions
of § 467 of the Real Property Tax Law of the State of New
York and § 20 of Municipal Home Rule Law of the State of
New York.
[Amended 1-29-1997 by L.L. No. 3-1997; 2-24-1999 by L.L. No.
5-1999; 2-7-2001 by L.L. No. 2-2001; 11-2-2005 by L.L. No. 14-2005; 6-7-2006 by L.L. No. 14-2006; 7-25-2007 by L.L. No. 13-2007; 1-4-2023 by L.L. No. 1-2023]
A.
Real property owned by one or more persons, each of whom is or will
be 65 years of age or over during the calendar year in which an application
is made hereunder, or real property owned by husband and wife, one
of whom is or will be 65 years of age or over during the calendar
year in which an application is made hereunder, shall be exempt from
Town taxes to the extent of:
|
Annual Income
|
Percentage of Assessed Valuation Exempt from Taxation
|
|---|---|
|
$29,000 or less
|
50%
|
|
$29,000.01 to $30,000
|
45%
|
|
$30,000.01 to $31,000
|
40%
|
|
$31,000.01 to $32,000
|
35%
|
|
$32,000.01 to $32,900
|
30%
|
|
$32,900.01 to $33,800
|
25%
|
|
$33,800.01 to $34,700
|
20%
|
|
$34,700.01 to $35,600
|
15%
|
|
$35,600.01 to $36,500
|
10%
|
|
$36,500.01 to $37,400
|
5%
|
B.
Such exemption shall be subject to the following conditions:
(1)
The income of the owner or the combined income of the owners of the
property for the income tax year immediately preceding the date of
making the application for exemption shall not exceed the sum of $37,400.
"Income tax year" shall mean the twelve-month period for which the
owner(s) 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, dividend, rental income, salary or earnings and income from
self-employment. The term "income" shall not include a veteran's
disability compensation as defined in Title 38 of the United States
Code.
(2)
The title to such real property shall be vested in the owner or one
of the owners of 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 husband or wife in whose
name title shall have been vested at the time of death and then becomes
vested solely in the survivor by virtue of the 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 purpose of computing such period of 24 consecutive months. Also,
provided that where property of the owner(s) has been acquired to
replace property formerly owned by such owner(s) 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 application is made for exemption,
and such periods of ownership shall be deemed to be consecutive for
the purposes of this section.
(3)
The real property shall be used exclusively for residential purposes.
(4)
The real property shall be the legal residence of and shall be occupied
in whole or in part by the owner or by all owners of the same.
(5)
Application for such exemption must be made by the owner or all of
the owners of the property, on forms prescribed by New York State
to be furnished by the appropriate assessing authority and shall furnish
the information and be executed in the manner prescribed in such forms,
and shall be filed annually in the office of the Assessor for the
Town of Poughkeepsie on or before the taxable status date, which is
the first day of March of each year.
Any inconsistent provisions of a resolution
or local law previously adopted by the Town Board providing for the
partial exemption of real property are hereby rescinded to the extent
that they are in conflict with the provisions of this local law. This
will include the most recent amendment to Local Law No. 5 of 1966,
which would be Local Law No. 3 of 1995.
