[Adopted 1-27-2025 by L.L. No. 3-2025[1]]
[1]
Editor's Note: This local law repealed former Art. II, Senior Citizens Tax Exemption, adopted 11-13-1967 (Ch. 9, Art. II, of the Code of Ordinances). Prior history includes L.L. No. 3-1986; L.L. No. 4-1988; Ord. No. 10-90; Ord. No. 2-2006; Ord. No. 1-2010.
A. 
Pursuant to § 467 of the New York State Real Property Tax Law, real property located in the City of Newburgh and owned by one or more persons, each of whom is 65 years of age or older, or real property owned by spouses, one of whom is 65 years of age or older, or real property owned by siblings, one of whom is 65 years of age or older, shall be exempt from taxation by the City of Newburgh to the extent of 50% of the assessed valuation thereof, as hereinafter provided.
B. 
Any person otherwise qualified for the real property exemption provided herein shall not be denied the exemption if the person becomes 65 years of age after the applicable taxable status date and before December 31 of the same year.
A. 
The percentage of exemption shall be based on the annual income ranges as specified herein, as follows:
Annual Income
Percentage of Assessed Valuation Exempt from Taxation
Less than $ 50,000
50%
$50,001 but less than $50,999
45%
$51,000 but less than $51,999
40%
$52,000 but less than $52,999
35%
$53,000 but less than $53,899
30%
$53,900 but less than $54,799
25%
$54,800 but less than $55,699
20%
$55,700 but less than $56,599
15%
$56,600 but less than $57,499
10%
$57,500 but less than $58,399
5%
B. 
Any exemption provided by this section shall be computed after all of the partial exemptions by law have been subtracted from the total amount assessed.
C. 
The real property tax exemption provided under this article in real property owned by spouses, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse, so long as the surviving spouse is at least 62 years of age.
A. 
Exemption from taxation for school purposes shall not be granted in the case of real property where a child resides if such child attends a public school of elementary or secondary education.
B. 
No exemption shall be granted:
(1) 
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 $58,399. "Income tax year" shall mean the second most recent calendar year period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the second most recent calendar year; where title is vested in either spouse, their combined income may not exceed such sum. Such income is defined as federal adjusted gross income, including social security, tax-exempt interest on dividends, and amounts exceeding the loss limitation exclusion, minus taxable individual retirement account.
(2) 
Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least 12 months prior to the date of making application for exemption.
(3) 
Unless the property is used exclusively for residential purposes; provided, however, that in the event that 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 section.
(4) 
Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property, provided that an owner who is absent while receiving health-related care as an inpatient of a residential health care facility, as defined in § 2801 of the Public Health Law, shall be deemed to remain a legal resident and an occupant of the property while so confined, and income accruing to that person shall 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.
A. 
Application for exemption hereunder must be made by the owner or all of the owners of the property annually on forms to be furnished by the Assessor's office and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed annually in such Assessor's office on or before the appropriate taxable status date.
B. 
The City Assessor is authorized to accept applications for the renewal of exemptions after the taxable status date if the owner or owners received such an exemption on the immediately preceding assessment roll and such application, executed as if such application had been filed on or before the tax status date, is filed with the Assessor on or before the date for the hearing of complaints.
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 exemption for a period of five years.