[Amended 10-26-1983 by L.L. No. 13-1983; 1-24-1990 by L.L. No. 1-1990]
The Town Board of the Town of Ramapo, being
ever mindful of its responsibility and obligation to provide for the
welfare and financial independence of the senior citizens of this
Town who have made a vital contribution to the growth, development
and progress of our community, intends by the enactment of this article
to provide protection for the elderly limited-income homeowner from
the increased cost of living. The purpose of this article is to grant
a partial exemption from taxation in accordance with a graduated schedule,
as provided for in § 467 of the Real Property Tax Law, for
real property which is owned by said persons with limited income who
are 65 years of age or over and who meet the requirements set forth
in § 467 of the Real Property Tax Law.
[Amended 10-26-1983 by L.L. No. 13-1983; 1-24-1990 by L.L. No. 1-1990]
All real property owned by persons 65 years of age or over shall be exempt from Town of Ramapo taxes in accordance with a graduated schedule, as provided for in § 467 of the Real Property Tax Law, provided also that the requirements set forth in §
253-3 below are complied with.
In order to qualify for an exemption, the following
requirements must be met:
A. All of the owners of real property must be 65 years
of age or over on the date the application is filed. However, where
said property is owned jointly by a husband and wife, only one spouse
must be 65 years of age or over on the date of filing the application.
Any person otherwise qualifying under this section shall not be denied
an exemption if he becomes 65 years of age after taxable status date
and before December 31 of the same year.
[Amended 1-24-1990 by L.L. No. 1-1990]
B. Title to the property shall have been vested in the
owner of the property or, if more than one, in all of the owners,
for at least 24 consecutive months prior to the date the application
is filed; provided, however, that in the event of the death of either
a husband or wife in whose name title of 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 months, provided further that 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 months, and provided
further that 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,
and further provided that where a residence is sold and replaced with
another within one year and is in the same assessment unit, 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 section.
C. The property must be used exclusively for residential
purposes and occupied in whole or in part by the owner or owners and
constitute the legal residence of the owner or owners.
D. Pursuant to § 467 of the Real Property Tax
Law, the percentage of the assessed valuation of real property which
is exempt from taxation will be determined on the basis of annual
income in accordance with the graduated schedule set forth below.
"Annual income" refers to the income of the owner or the combined
income of all of the owners for the income tax year immediately preceding
the date that the application is filed. Where title of the property
is vested in either a husband or wife, annual income is the combined
income of the husband and wife. In computing net rental income or
net income from self-employment, no depreciation deduction shall be
allowed for the exhaustion, wear and tear of real or personal property
held for the production of income. Such income shall include social
security and retirement benefits, interest, dividends, total gains
from sale or exchange of a capital asset in the same tax year, net
rental income, salary or earnings, and net income from self-employment
but shall not include a return of capital, gifts or inheritances received
during the twelve-month period and medical and prescription drug expenses
that are not reimbursed or paid by insurance. Veteran's disability
compensation shall not be included in the calculation of income limits
for the partial tax exemption contained in § 467 of the
Real Property Tax Law.
[Last amended 10-26-2022 by L.L. No. 6-2022]
Effective July 1, 2006
|
---|
Annual Income
|
Percentage of Assessed Valuation Exempt
from Taxation
|
---|
Less than $26,000
|
50%
|
$26,000 but less than $27,000
|
45%
|
$27,000 but less than $28,000
|
40%
|
$28,000 but less than $29,000
|
35%
|
$29,000 but less than $29,900
|
30%
|
$29,900 but less than $30,800
|
25%
|
$30,800 but less than $31,700
|
20%
|
$31,700 but less than $32,600
|
15%
|
$32,600 but less than $33,500
|
10%
|
$33,500 but less than $34,400
|
5%
|
Effective July 1, 2007
|
---|
Annual Income
|
Percentage of Assessed Valuation Exempt
from Taxation
|
---|
Less than $27,000
|
50%
|
$27,000 but less than $28,000
|
45%
|
$28,000 but less than $29,000
|
40%
|
$29,000 but less than $30,000
|
35%
|
$30,000 but less than $30,900
|
30%
|
$30,900 but less than $31,800
|
25%
|
$31,800 but less than $32,700
|
20%
|
$32,700 but less than $33,600
|
15%
|
$33,600 but less than $34,500
|
10%
|
$34,500 but less than $35,400
|
5%
|
Effective July 1, 2008
|
---|
Annual Income
|
Percentage of Assessed Valuation Exempt
from Taxation
|
---|
Less than $28,000
|
50%
|
$28,000 but less than $29,000
|
45%
|
$29,000 but less than $30,000
|
40%
|
$30,000 but less than $31,000
|
35%
|
$31,000 but less than $31,900
|
30%
|
$31,900 but less than $32,800
|
25%
|
$32,800 but less than $33,700
|
20%
|
$33,700 but less than $34,600
|
15%
|
$34,600 but less than $35,500
|
10%
|
$35,500 but less than $36,400
|
5%
|
Effective July 1, 2009
|
---|
Annual Income
|
Percentage of Assessed Valuation Exempt
from Taxation
|
---|
Less than $29,000
|
50%
|
$29,000 but less than $30,000
|
45%
|
$30,000 but less than $31,000
|
40%
|
$31,000 but less than $32,000
|
35%
|
$32,000 but less than $32,900
|
30%
|
$32,900 but less than $33,800
|
25%
|
$33,800 but less than $34,700
|
20%
|
$34,700 but less than $35,600
|
15%
|
$35,600 but less than $36,500
|
10%
|
$36,500 but less than $37,400
|
5%
|
Effective July 1, 2022
|
---|
Annual Income
|
Percentage of Assessed Valuation Exempt from Taxation
|
---|
Less than $50,000
|
50%
|
$50,000 but less than $51,000
|
45%
|
$51,000 but less than $52,000
|
40%
|
$52,000 but less than $53,000
|
35%
|
$53,000 but less than $53,900
|
30%
|
$53,900 but less than $54,800
|
25%
|
$54,800 but less than $55,700
|
20%
|
$55,700 but less than $56,600
|
15%
|
$56,600 but less than $57,500
|
10%
|
$57,500 but less than $58,400
|
5%
|
E. Ownership is limited to dwellings with three or fewer
dwelling units or ownership of a single dwelling unit where title
is vested in the owner in a dwelling containing four or more dwelling
units and the dwelling unit is separately assessed to the individual
owner or owners and to trailers or mobile homes which are separately
assessed to the owner or owners of the property. Exemptions are not
available to corporations, to persons leasing property or to an owner
or owners of property with an interest less than a life estate or
to cooperative ownership where title is held by a corporation.
[Amended 1-24-1990 by L.L. No. 1-1990]
An application for an exemption pursuant to
this article must be made by the owner or all of the owners of the
property on forms prepared by the Town Assessor's office, and the
application must be filed in the Assessor's office on or before taxable
status date.
A. In the event the owner, or all of the owners, of property
which has received an exemption pursuant to § 467 oft the
Real Property Tax Law on the preceding assessment roll fail to file
the application pursuant to § 467 on or before the taxable
status date, such owner or owners may file the application, executed
as if such application had been filed before the taxable status date,
with the Assessor on or before the date for the hearing of complaints.
[Amended 11-29-2007 by L.L. No. 4-2007]
B. Any person who has been granted an exemption pursuant
to this article on five consecutive completed assessment rolls shall
not be subject to the application requirements set forth above and
shall be automatically granted an exemption pursuant to this article
on such subsequent assessment roll; provided, however, that when tax
payment is made by such person, a sworn affidavit on forms prescribed
by the State Board of Real Property Services must be included with
such payment which shall state that such person continues to be eligible
for such exemption. If such affidavit is not included with the tax
payment, the collecting officer shall proceed pursuant to § 551-a
of the Real Property Tax Law.
[Amended 2-6-2012 by L.L. No. 2-2012]
[Amended 10-26-1983 by L.L. No. 13-1983; 1-24-1990 by L.L. No. 1-1990]
Upon the determination by the Assessor that
the requirements of this article have been met, the exemption shall
be allowed in accordance with a graduated schedule, as provided for
in § 467 of the Real Property Tax Law, for property which
so qualifies. The exemption does not apply to special ad valorem levies
or special assessments.
The burden of proof is upon the applicant to
show eligibility pursuant to this article and the rules and regulations
of the Town Assessor.
[Added 2-11-1998 by L.L. No. 4-1998]
A. Legislative intent. The Real Property Tax Law provides
senior citizens owning "qualifying real property" with a tax exemption.
The scope of "qualifying residential real property" did not include
cooperative apartments owned by senior citizens. Section 467 of the
Real Property Tax Law has been amended to permit towns, by adoption
of a local law, to include cooperative housing within the meaning
of "qualifying residential real property."
B. Eligible property. Pursuant to § 467 of
the Real Property Tax Law, the percentage of cooperative shares owned
by senior citizens in a cooperative apartment corporation shall be
eligible to be included in "qualifying residential real property"
for the purposes of determining eligibility for a senior citizen's
real property tax exemption.
Any person convicted of making a willful or
false statement in the application for exemption under this article
shall be punished by a fine of not more than $100 and shall be disqualified
from further exemption for a period of five years.