[Adopted 3-16-2022 by L.L. No. 3-2022]
It is the purpose of Article IV to implement by local law (as opposed to resolution as previously adopted and amended) in the Village of Dryden the terms and provisions of § 467 of the Real Property Tax Law of the State of New York, as amended, and to thereby provide by local law graduated maximum income exemption eligibility levels for the granting of partial exemption from real property taxation to certain persons 65 years of age or over.
[Amended 1-18-2023 by L.L. No. 1-2023]
Pursuant to the provisions of § 467 of the Real Property
Tax Law, real property located in the Village 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 sibling, one of whom is 65 years of
age or over, or real property owned by one or more persons, some of
whom qualify under § 467 of the Real Property Tax Law and
others of whom qualify under § 459-c of the Real Property
Tax Law, shall be partially exempt from taxation by the Village for
the applicable taxes specified in said § 467 of the Real
Property Tax Law based upon the income of the owner or combined incomes
of the owners. A person otherwise qualifying for such exemption shall
not be denied the exemption if such person becomes 65 years of age
after the appropriate tax status date and before December 31 of the
same year. For the purpose of this article, the term "sibling" shall
mean a brother or sister, whether related through half blood, whole
blood or adoption. Such partial exemption shall be to the extent set
forth in the following schedule:
|
Annual Income of Owner or Combined Annual Valuation Income of
Owners
|
Percentage Assessed Exempt From Taxation
|
|---|---|
|
Up to $35,000
|
50%
|
|
More than $35,000 but less than $36,000
|
45%
|
|
$36,000 or more, but less than $37,000
|
40%
|
|
$37,000 or more, but less than $38,000
|
35%
|
|
$38,000 or more, but less than $38,900
|
30%
|
|
$38,900 or more, but less than $39,800
|
25%
|
|
$39,800 or more, but less than $40,700
|
20%
|
|
$40,700 or more, but less than $41,600
|
15%
|
|
$41,600 or more, but less than $42,500
|
10%
|
|
$42,500 or more, but less than $43,400
|
5%
|
The partial exemption provided for by this Article IV shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations as set forth in § 467 of the Real Property Tax Law, and shall be administered in accordance with said § 467 of the Real Property Tax Law, as now adopted and as it may be amended from time to time, and the provisions of said § 467 of the Real Property Tax Law shall be applicable to the effectuation of the exemption provided for in this Article IV.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Application for such partial exemption must be made by the owner
or all owners of the property on forms prescribed by the Commissioner
to be furnished by the appropriate assessing authority and shall furnish
the information and be executed in the manner required or prescribed
in such forms and shall be filed in such Assessor's office on or before
the appropriate taxable status date.
A.
Notwithstanding anything to the contrary provided in this Article IV, any person who has been granted an exemption pursuant to this Article IV and in accordance with § 467 of the Real Property Tax Law on five consecutive completed assessment rolls shall not be subject to the requirements set forth in Subdivision 6(a) of said § 467, provided that:
(1)
Said person shall be mailed an application form by the assessing
authority and a notice informing such person of his/her rights; and
(2)
When tax payment is made by such person a sworn affidavit must be
included with such payment which shall state that such person continues
to be eligible for such exemption, which affidavit shall be on a form
prescribed by the Commissioner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
In such event, such exemption shall be automatically granted on each
subsequent assessment roll.
Any conviction of having made any willful false statement on
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 exemption for a period of five years.
[Amended 1-18-2023 by L.L. No. 1-2023]
This Article IV and the partial tax exemption provided for herein shall become effective immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2023.
