[Adopted 5-12-1997 by L.L. No. 2-1997]
Local Law No. 3 of 1979 of the Village of Port
Washington North, as amended, is hereby repealed.
Real property located in the Village of Port
Washington North, Town of North Hempstead, County of Nassau, State
of New York, owned by one or more persons, each of whom is or will
be 65 years of age or over on or before December 31 next following
the appropriate taxable status date of the Village, or real property
owned by husband and wife or by siblings, one of whom is or will be
65 years of age or over on or before December 31 next following the
appropriate taxable status date of the Village, shall be exempt from
taxation for Village purposes to the extent of 50% of the assessed
valuation thereof, subject to the following provisions of this article.
For the purposes of this article, "sibling" shall mean a brother or
a sister, whether related through half blood, whole blood or adoption.
A.
No exemption under this article shall be granted unless
the owner shall have held an exemption under this article for his
previous residence or 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 12 consecutive months.
B.
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 12 consecutive months.
C.
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 application is made
for exemption, and such periods of ownership shall be deemed to be
consecutive for purposes of this article.
D.
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 this article.
E.
Where the owner or owners transfer title to property,
which as of the date of transfer was exempt from taxation under the
provisions of this article, the reacquisition of title by such owner
or owners within nine months of the date of transfer shall be deemed
to satisfy the requirement of this section that the title of the property
shall have been vested in the owner or one of the owners for such
period of 12 consecutive months.
F.
Where, upon or subsequent to the death of an owner
or owners, title to property which as of the date of such death was
exempt from taxation under such provisions becomes vested, by virtue
of devise or descent from the deceased owner or owners or by transfer
by any other means within nine months after such death, solely in
a person or persons who at the time of such death maintained such
property as a primary residence, the requirement of this article that
the title of the property shall have been vested in the owner or one
of the owners for such period of 12 consecutive months shall be deemed
satisfied.
A.
An exemption from taxation for Village purposes may be granted in accordance with the schedule set forth in § 147-25B of this article if 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, does not exceed the maximum amount of income set forth in § 147-25A of this article. "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.
B.
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 § 147-29B of this article, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum.
C.
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, gifts, inheritances 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.
[Amended 4-14-2003 by L.L. No. 1-2003; 7-6-2016 by L.L. No. 3-2016]
A.
Maximum amount of income: $34,399.99.
B.
Exemption table.
|
Annual Income
|
Percent of Assessed Valuation Exempt from Taxation
| |
|---|---|---|
|
No more than $26,000
|
50%
| |
|
More than $26,000, but less than $27,000
|
45%
| |
|
At least $27,000, but less than $28,000
|
40%
| |
|
At least $28,000, but less than $29,000
|
35%
| |
|
At least $29,000, but less than $29,900
|
30%
| |
|
At least $29,900, but less than $30,800
|
25%
| |
|
At least $30,800, but less than $31,700
|
20%
| |
|
At least $31,700, but less than $32,600
|
15%
| |
|
At least $32,600, but less than $33,500
|
10%
| |
|
At least $33,500, but less than $34,400
|
5%
|
Any exemption provided by this article shall
be computed after all other partial exemptions allowed by law have
been subtracted from the total amount assessed.
In order to qualify for such exemption from
taxation for Village purposes, the subject real property must be 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.
In order to qualify for such exemption, the
subject real property must be the legal residence of and occupied
in whole or in part by the owner or by all of the owners of the property,
except where:
A.
An owner is absent from the residence while receiving
health-related care as an inpatient of a residential health-care facility,
as defined in § 2801 of the Public Health Law, provided
that any income accruing to that person shall only 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; or
B.
The real property is owned by a husband and/or wife,
or an ex-husband and/or an ex-wife, and either is absent from the
residence due to divorce, legal separation or abandonment, and all
other provisions of this article are met, provided that, where an
exemption was previously granted when both resided on the property,
then the person remaining on the real property shall be 62 years of
age or over.
A.
For the purposes of this article, title to that portion
of real property owned by a cooperative apartment corporation in which
a tenant-stockholder of such corporation resides, and which is represented
by his share or shares of stock in such corporation as determined
by its or their proportional relationship to the total outstanding
stock of the corporation, including that owned by the corporation,
shall be deemed to be vested in such tenant-stockholder.
B.
That proportion of the assessment of such real property
owned by a cooperative apartment corporation determined by the relationship
of such real property vested in such tenant-stockholder to such entire
parcel and the buildings thereon owned by such cooperative apartment
corporation in which such tenant-stockholder resides shall be subject
to exemption from taxation pursuant to this article, and any exemption
so granted shall be credited by the appropriate taxing authority against
the assessed valuation of such real property; the reduction in real
property taxes realized thereby shall be credited by the cooperative
apartment corporation against the amount of such taxes otherwise payable
by or chargeable to such tenant-stockholder.
Notwithstanding any other provision of law to
the contrary, the provisions of this article shall apply to real property
held in trust solely for the benefit of a person or persons who would
otherwise be eligible for a real property tax exemption pursuant to
this article were such person or persons the owner or owners of such
real property.
The real property tax exemption on real property
owned by husband and wife, one of whom is 65 years of age or over,
once granted, shall not be rescinded solely because of the death of
the older spouse so long as the surviving spouse is at least 62 years
of age.
Application for such exemption 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
of Port Washington North and shall furnish the information and be
executed in the manner required or prescribed in such forms, and shall
be filed in the office of the Assessor of the Village of Port Washington
North on or before the first day of January of each year, or on such
other appropriate taxable status date as may hereafter be provided
by law. Notice of the necessity for filing shall be given as provided
for in the Real Property Tax Law, § 467.
