[Adopted 4-16-1974; amended in its entirety 1-9-2006 by Res. No.
11-2006]
Real property within the Town of Naples owned
by one or more persons, each of whom is 65 years of age or over, or
real property owned by husband and wife or by siblings, one of whom
is 65 years of age or over, shall be exempt from taxation by the Town
of Naples to the extent of 50% of the assessed valuation thereof.
[Amended 2-22-2010 by L.L. No. 1-2010; 6-4-2019 by L.L. No. 2-2019]
A.
No exemptions,
as hereinabove set forth, shall be granted:
(1)
If
the income of the owner or the combined income of the owners of the
property exceeds the sum of $ 18,000 for the 12 consecutive months
immediately preceding the date of making application for exemption.
"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 was filed, the calendar year. Where title is vested
in either the husband or the wife, their combined income may not exceed
such sum. Such income shall include social security and retirement
benefits, interest, dividends, rental income, salary or earnings,
and net income from self-employment, but shall not include gifts or
inheritances or such other income exempted by RPTL§ 467.
(2)
Unless
the property is used for residential purposes.
(3)
Unless
the real property is the legal residence of and is occupied in whole
or in part by the owner or by one of the owners of the property.
B.
In order
to qualify by age for the senior citizen real property tax assessment
exemption established by § 467 of the Real Property Tax Law of
the State of New York, all of the owners of the real property must
be at least 65 years of age or older; or, in the case of real property
owned by husband and wife or by siblings, one of the owners must be
at least 65 years of age, as of December 31 of the tax year for which
such application for exemption is being made, provided the application
is submitted prior to Taxable Status Day, that being March 1 of the
tax year for which the exemption application is being made. This section
shall apply to applications made for the tax year 2020 and subsequent
years.
Application for such exemption must be made
by the owner or one of the owners of the property on forms to be furnished
by the Town Assessor of the Town and shall furnish the information
and be executed in the manner required or prescribed in such forms
and shall be filed in the Town Clerk's office at least 90 days before
the day for filing the final assessment roll.
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 exemptions for a period of five years.
