[Adopted 2-27-1984 by L.L. No. 3-1984 ]
Editor's Note: This local law also repealed former Art. I, Senior Citizen Tax Exemption, adopted 9-28-1977 as L.L. No. 8-1977, as amended. In addition, this local law was adopted subject to a permissive referendum; as no valid petition requesting such referendum was filed, said local law was deemed duly adopted 4-12-1984.
[Amended 1-21-1997 by L.L. No. 1-1997]
Real property in the Town of Tuxedo owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from taxation by the Town of Tuxedo to the extent established from time to time by resolution of the Town Board following a public hearing upon compliance with the provisions of this article for the fiscal year for which an application is filed.
[Amended 1-27-1987 by L.L. No. 1-1987; 5-9-1990 by L.L. No. 1-1990; 4-24-1991 by L.L. No. 1-1991; 4-12-1995 by L.L. No. 5-1995; 1-21-1997 by L.L. No. 1-1997]
The schedule of senior citizen tax exemptions adopted pursuant to the provisions of Real Property Tax Law and this article shall be posted in the office of the Town Clerk and the office of the Town Assessor.
No exemption shall be granted under the provisions 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 application for exemption exceeds the sum established in the schedule contained in § 88-1. "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. 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, total gain from the sale or exchange of a capital assets 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 or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of personal property held for the production of income.
[Amended 1-21-1987 by L.L. No. 1-1987; 5-9-1990 by L.L. No. 1-1990; 1-21-1997 by L.L. No. 1-1997]
Unless the title to the property shall have been vested in the owner or one of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption.
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 24 consecutive months.
In the event of a transfer by either 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 the 24 consecutive months.
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 proceedings, 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 period of ownership shall be deemed to be consecutive in computing the 24 months.
Where a residence is sold and replaced with another within one year and is in the same assessing unit or municipality, the period of ownership of the former property shall be combined with the period of ownership of the replacement residence and deemed consecutive for exemption from taxation by each such assessing unit or municipality; provided, however, that where the replacement property is in the same assessing unit but in another school district, the periods of ownership of both properties shall also be deemed consecutive for purposes of the exemption from taxation by such school district.
Notwithstanding any other provision of law, 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 the exemption from taxation.
The property must be used exclusively for residential purposes and be the legal residence of and be occupied in whole or part by the owner or all the owners of the property.
The owner or all the owners of the property must obtain application forms prescribed by the State Board of Equalization and Assessment from the Tax Assessor of the Town of Tuxedo. Said forms shall be filed with the Town of Tuxedo Tax Assessor's office on or before the appropriate taxable status date.
At least 60 days prior to the appropriate taxable status date, the Town of Tuxedo Tax Assessor shall mail to each person previously granted an exemption, in accordance with the latest completed assessment roll, an application form and notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted.
If the applicant provides two self-addressed, prepaid envelopes, the Assessor shall not only acknowledge receipt of the application but shall, within three days after completion and filing of the tentative assessment roll, notify the applicant of the approval or denial of the application.
If the applicant is entitled to a notice of denial, the notice shall be on a form prescribed by the State Board of Equalization and Assessment and shall state the reason for such denial. The applicant may have the determination reviewed in the manner provided by law.
Neither the Town of Tuxedo nor the Tax Assessor shall be penalized for failure to mail the application form or notice or for the failure of any such person to receive the application form or notice.
Any willfull false statement on the application for exemption shall be punishable by a fine of not more than $100 and by the applicant or applicants being disqualified from any exemption for a period of five years.
The Town of Tuxedo, on any amount of taxes erroneously exempted as a result of an incorrect statement in an application for exemption, may collect same in the same manner provided for the collection of delinquent taxes pursuant to Article 10 of the Real Property Tax Law.
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 by any assessing authority solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.