[Adopted 2-23-1993; amended in its entirety 1-6-1998 by L.L. No. 3-1998]
A.
Real property owned by one or more persons, each of
whom is 65 years of age or over, shall be exempt from taxation by
the Town of Yorktown, County of Westchester, State of New York, to
the extent of 50% of the assessed valuation thereof, subject to the
provisions and limitations contained in § 467 of the Real
Property Tax Law of the State of New York pursuant to the following
schedules and subject to the following conditions. No exemption shall
be granted if the income of the owner or the combined income of the
owners of the property or, if title to the property is vested in either
the husband or wife, the combined income of the husband and wife for
the income tax year immediately preceding the date of making the application
for exemption is $34,400 or more for the period expiring June 30,
2007, $35,400 or more for the period expiring June 30, 2008, $36,400
or more for the period expiring June 30, 2009, or $37,400 or more
for the period commencing July 1, 2009, or $58,400 or more for the
exempt period commencing May 1, 2023.
[Amended 3-16-1999 by L.L. No. 3-1999; 12-17-2002 by L.L. No. 19-2002; 3-16-2004 by L.L. No.
2-2004; 2-6-2007 by L.L. No. 2-2007; 3-7-2023 by L.L. No. 2-2023]
(1)
For
the period commencing May 1, 2023:
|
Annual Income Ranges
|
Exemption Percentage
| |
|---|---|---|
|
Less than $50,000
|
50%
| |
|
$50,000 to $50,999.99
|
45%
| |
|
$51,000 to $51,999.99
|
40%
| |
|
$52,000 to $52,999.99
|
35%
| |
|
$53,000 to $53,899.99
|
30%
| |
|
$53,900 to $54,799.99
|
25%
| |
|
$54,800 to $55,699.99
|
20%
| |
|
$55,700 to $56,599.99
|
15%
| |
|
$56,600 to $57,499.99
|
10%
| |
|
$57,500 to $58,399.99
|
5%
|
(2)
For the period expiring June 30, 2007:
|
Annual Income Ranges
|
Exemption Percentage
| |
|---|---|---|
|
Up to and including $26,000
|
50%
| |
|
Greater than $26,000 but less than $27,000
|
45%
| |
|
Greater than $27,000 but less than $28,000
|
40%
| |
|
Greater than $28,000 but less than $29,000
|
35%
| |
|
Greater than $29,000 but less than $29,900
|
30%
| |
|
Greater than $29,900 but less than $30,800
|
25%
| |
|
Greater than $30,800 but less than $31,700
|
20%
| |
|
Greater than $31,700 but less than $32,600
|
15%
| |
|
Greater than $32,600 but less than $33,500
|
10%
| |
|
Greater than $33,500 but less than $34,400
|
5%
| |
|
Greater than $34,400
|
Not eligible
|
(3)
For the period commencing July 1, 2007, expiring June
30, 2008:
|
Annual Income Ranges
|
Exemption Percentage
| |
|---|---|---|
|
Up to and including $27,000
|
50%
| |
|
Greater than $27,000 but less than $28,000
|
45%
| |
|
Greater than $28,000 but less than $29,000
|
40%
| |
|
Greater than $29,000 but less than $30,000
|
35%
| |
|
Greater than $30,000 but less than $30,900
|
30%
| |
|
Greater than $30,900 but less than $31,800
|
25%
| |
|
Greater than $31,800 but less than $32,700
|
20%
| |
|
Greater than $32,700 but less than $33,600
|
15%
| |
|
Greater than $33,600 but less than $34,500
|
10%
| |
|
Greater than $34,500 but less than $35,400
|
5%
| |
|
Greater than $35,400
|
Not eligible
|
(4)
For the period commencing July 1, 2008, expiring June
30, 2009:
|
Annual Income Ranges
|
Exemption Percentage
| |
|---|---|---|
|
Up to and including $28,000
|
50%
| |
|
Greater than $28,000 but less than $29,000
|
45%
| |
|
Greater than $29,000 but less than $30,000
|
40%
| |
|
Greater than $30,000 but less than $31,000
|
35%
| |
|
Greater than $31,000 but less than $31,900
|
30%
| |
|
Greater than $31,900 but less than $32,800
|
25%
| |
|
Greater than $32,800 but less than $33,700
|
20%
| |
|
Greater than $33,700 but less than $34,600
|
15%
| |
|
Greater than $34,600 but less than $35,500
|
10%
| |
|
Greater than $35,500 but less than $36,400
|
5%
| |
|
Greater than $36,400
|
Not eligible
|
(5)
For the period commencing July 1, 2009:
|
Annual Income Ranges
|
Exemption Percentage
| |
|---|---|---|
|
Up to and including $29,000
|
50%
| |
|
Greater than $29,000 but less than $30,000
|
45%
| |
|
Greater than $30,000 but less than $31,000
|
40%
| |
|
Greater than $31,000 but less than $32,000
|
35%
| |
|
Greater than $32,000 but less than $32,900
|
30%
| |
|
Greater than $32,900 but less than $33,800
|
25%
| |
|
Greater than $33,800 but less than $34,700
|
20%
| |
|
Greater than $34,700 but less than $35,600
|
15%
| |
|
Greater than $35,600 but less than $36,500
|
10%
| |
|
Greater than $36,500 but less than $37,400
|
5%
| |
|
Greater than $37,400
|
Not eligible
|
B.
Any person otherwise qualified under this section
shall not be denied the exemption under this section if he becomes
65 years of age after the appropriate taxable status date and before
December 31 of the same year.
C.
The above-described partial exemption is not automatic
as certain qualifications with respect to ownership, residence, occupancy
and income must be met each year. The person claiming the exemption
must make an annual application and the Assessor must determine whether
the applicant meets the statutory qualifications for the exemption.
No exemption shall be granted:
A.
If the income of the owner or the combined income
of the owners of the property exceeds the sum of $34,400 or more for
the period expiring June 30, 2007, $35,400 or more for the period
expiring June 30, 2008, $36,400 or more for the period expiring June
30, 2009, or $37,400 or more for the period commencing July 1, 2009,
or $58,400 or more for the exempt period commencing May 1, 2023, for
the 12 consecutive months immediately preceding the date of making
the application for exemption. Where title is vested in either the
husband or wife, their combined income may not exceed such sum. Such
income shall include social security and retirement benefits, interest,
dividends, rental income, salaries or earnings and income from self-employment,
but shall not include gifts, inheritances or veterans disability income.
[Amended 3-16-1999 by L.L. No. 3-1999; 12-17-2002 by L.L. No. 19-2002; 3-16-2004 by L.L. No.
2-2004; 2-6-2007 by L.L. No. 2-2007; 3-7-2023 by L.L. No. 2-2023]
B.
Unless the title of the property shall have been vested
in the owner or all of the owners of the property for at least 60
consecutive months prior to the date of making application for an
exemption.
C.
Unless the property is used exclusively for residential
purposes.
D.
Unless the property is the legal residence of and
is occupied in whole or in part by the owner or by all the owners
of the property.
Application for such exemption must be made
by the owner or all of the owners of the property on forms to be furnished
by the Town Assessor's office 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 at least 90 days before the
day for filing the final assessment roll.
Any conviction of having made a 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.
