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Washington North, as amended, is hereby repealed.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.
[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.
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.