[Adopted 4-3-1974 by L.L. No. 2-1974 as
Art. I of Ch. 96 of the 1974 Code]
The Town Board of the Town of Clarkstown, ever
mindful of its responsibilities and obligations to provide for the
welfare and financial independence of the senior citizens of this
community, intends, by the enactment of this article, to provide for
the protection of the elderly low-income homeowner from the increased
cost of living. It is the intention of the Town Board of the Town
of Clarkstown to provide tax exemptions of real property to certain
of our qualifying senior citizens so as to better enable them to enjoy
their retirement.
[Amended 12-13-1983 by L.L. No. 5-1983]
A.
All real property in the Town of Clarkstown owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a husband and wife, one of whom is 65 years of age or over, shall be exempt to the extent of the percentage of assessed value as provided in Subsection B appearing on the Town's assessment roll, provided that the requirements set forth in § 262-3 below are complied with.
B.
Percentage of exemption.
[Last amended 10-25-2022 by L.L. No.
12-2022, effective 7-1-2022]
|
Annual Income
|
Percentage of Assessed Valuation Exemption
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%
|
In order to qualify for an exemption, the following
requirements must be met:
A.
Each of the owners of the real property must be 65
years of age or over, except that where real property is owned by
husband and wife, either husband or wife must be 65 years of age or
over, until the taxable status date or before December 31 of the same
year.
[Amended 2-27-1990 by L.L. No. 2-1990]
B.
Title to the property shall have been vested in the
owners of the property for at least 24 consecutive months prior to
the date of the application.
[Amended 12-4-1974 by L.L. No. 5-1974]
(1)
In computing 24 consecutive months where the property
is owned by a husband or wife, in the case of the death of either
in whose name title was vested at the time of death and title becomes
vested solely by virtue of devise or descent from the deceased husband
or wife, the survivor shall add the time of ownership by the survivor
so that the ownership period is continuous.
[Added 12-13-1983 by L.L. No. 5-1983]
(2)
A transfer by the husband or wife to the other of
all or part of the title shall be deemed a continuous period of ownership
by the transferee to comply with the 24 consecutive months.
[Added 12-13-1983 by L.L. No. 5-1983]
(3)
Where property of the owner or owners has been acquired
to replace property formerly owned by the owner or owners and taken
by eminent domain or other involuntary proceedings except a tax sale,
the period of ownership of the property for which application is made
shall be considered consecutive in computing 24 months.
[Added 12-13-1983 by L.L. No. 5-1983]
(4)
Where a residence is sold and replaced within one
year and is in the same assessing unit of the municipality or where
both residences are within the state, the period of ownership of the
former shall be combined with the replacement and deemed consecutive
for the exemption application.
[Added 12-13-1983 by L.L. No. 5-1983]
C.
The property must be used exclusively for residential
purposes and be occupied in whole or in part by the owner or owners
and be their legal residence.
D.
The combined income of all of the owners of property
must have been less than $29,000 during the 12 months immediately
preceding the date of making the application for exemption. Where
title to the property is vested in either a husband or a wife, the
combined income of the husband and wife may not exceed $29,000. Where
the real property tax exemption has been granted, the exemption on
property owned by the husband and wife shall not be rescinded solely
because of the death of the older spouse so long as the surviving
spouse is 62 years of age. "Income," includes all social security
and retirement payments, interest, dividends, net rental income, salaries
or other earnings, including net income for self-employment. However,
all medical and prescription drug expenses which are actually paid
by the senior citizen and not reimbursed or paid by insurance may
be used to offset this income. "Income" does not include gifts, inheritances,
nor veterans disability compensation as defined in Title 38 of the
U.S. Code.
[Last amended 10-20-2009 by L.L. No.
6-2009, effective 1-1-2010]
A.
Application
for such exemption must be made by the owner or all of the owners
of the property, on forms prescribed by the state board to be furnished
by the appropriate assessing authority, which application 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.
B.
Late filing of application.
[Added 8-9-2016 by L.L.
No. 9-2016]
(1)
In the event the owner, or all of the owners, of property which has
received an exemption pursuant to § 467 of 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 taxable status date, with the Assessor
on or before the date for the hearing of complaints.
(2)
In the event the owner, or all of the owners, of property which has
received an exemption pursuant to § 467 of 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 and
the owner, or all of the owners, believe that cause existed for the
failure to file the renewal application by that date, such owner or
owners may, no later than the last day for paying taxes without incurring
interest or penalty, submit a written request to the Assessor asking
him or her to extend the filing deadline and grant the exemption.
Such request shall contain an explanation of why the deadline was
missed, and shall be accompanied by a renewal application reflecting
the facts and circumstances as they existed on the taxable status
date. The Assessor may extend the filing deadline and grant the exemption
if he or she is satisfied that (i) good cause existed for the failure
to file the renewal application by the taxable status date, and that
(ii) the applicant is otherwise entitled to the exemption. The Assessor
shall mail notice of his or her determination to the owner/owners.
If the determination states that the Assessor has granted the exemption,
he or she shall thereupon be authorized and directed to correct the
assessment roll accordingly, or, if another person has custody or
control of the assessment roll, to direct that person to make the
appropriate corrections. If the correction is not made before taxes
are levied, the failure to take the exemption into account in the
computation of the tax shall be deemed a "clerical error" pursuant
to Real Property Tax Law § 467 and shall be corrected accordingly.
[Amended 12-13-1983 by L.L. No. 5-1983]
At least 60 days prior to the appropriate taxable
status date, the assessing authority shall mail to each person who
was granted an exemption pursuant to this article on the latest completed
assessment roll an application form and a 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:
A.
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.
B.
If the applicant is entitled to a notice of denial,
the form shall be as prescribed by the state board and shall state
the reason for such denial. The applicant may have the determination
reviewed in the manner provided for by law.
C.
Failure to mail any such application form and notice
or the failure of such person to receive the same shall not prevent
the levy, collection and enforcement of the payment of the taxes on
the property owned by such person.
The burden of proof is upon the applicant to
show eligibility pursuant to this article.
A.
Any conviction of having made any willfully false
statement in the application for exemption under this article 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.
B.
The Town of Clarkstown, on any amount of taxes erroneously
exempted as a result of an incorrect statement in an application,
may collect the same in the same manner provided for the collection
of delinquent taxes pursuant to Article 10 of the Real Property Tax
Law
[Added 12-13-1983 by L.L. No. 5-1983]
