[Adopted 11-15-1983 by L.L. No. 14-1983;[1] amended in its entirety 10-21-1986 by L.L. No. 6-1986]
[1]
Editor's Note: This local law also repealed former Art. I, Senior Citizen Tax Exemption, adopted 10-5-1982 by L.L. No. 4-1982.
[Amended 10-17-1989 by L.L. No. 8-1989; 10-2-1990 by L.L. No. 12-1990; 10-1-1991 by L.L. No. 14-1991; 10-6-1992 by L.L. No. 13-1992; 10-4-1994 by L.L. No. 6-1994]
The exemption from taxation by the Incorporated Village of Hempstead provided by § 467 of the Real Property Tax Law of the State of New York, as added or amended by Chapter 261 of the Laws of the State of New York for the year 1994, is hereby extended by the Incorporated Village of Hempstead pursuant to the provisions of said section.
[Amended 10-17-1989 by L.L. No. 8-1989; 10-2-1990 by L.L. No. 12-1990; 10-1-1991 by L.L. No. 14-1991; 10-6-1992 by L.L. No. 13-1992; 10-4-1994 by L.L. No. 6-1994; 12-20-2005 by L.L. No. 7-2005; 11-18-2008 by L.L. No. 14-2008]
Effective immediately, the following provisions shall apply to assessment rolls prepared on the basis of taxable status occurring after January 1, 2009:
A. 
Property exemption granted. Real property in the Village 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 from taxation by the Village to the extent of the following percentages of the assessed valuation thereof:
Annual Income
Percentage of Exemption
Up to $28,000
50%
$28,000 to $29,000
45%
$29,000 to $30,000
40%
$30,000 to $31,000
35%
$31,000 to $31,900
30%
$31,900 to $32,800
25%
$32,800 to $33,700
20%
$33,700 to $34,600
15%
$34,600 to $35,500
10%
$35,500 to $36,400
5%
B. 
Conditions of exemption. No exemption shall be granted:
(1) 
Unless an annual application is made therefor, as hereinafter set forth.
(2) 
If the income of the owner or the combined income of the owners of the property exceeds the sum of $36,400 for the income tax year immediately preceding the date of making application for exemption. The term "income tax year" shall mean the twelve-month period for which the owner or owners file 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 gains 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 or wear and tear of real property held for the production of income.
(3) 
Unless the title of 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; provided, however, that 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, and provided further that where property of the owner or owners has been required to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, 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 periods of ownership shall be deemed to be consecutive for purposes of this article.
(4) 
Unless the property is used exclusively for residential purposes.
(5) 
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.
C. 
A verified application for the annual exemption shall be made by the owner, or all of the owners, of the property on forms prescribed by the State Board of Equalization and Assessment to be furnished by the Assessor's office.
D. 
The owner, or all of the owners, shall file any supporting document the Assessor deems necessary.
E. 
The Assessor's office shall accept applications and supporting documents only from October 1 up to and including the first day of January in each year.
F. 
The Assessor shall not amend the assessment rolls to reflect any exemptions authorized by § 467 of the Real Property Tax Law until a certified copy of the local law providing for such exemption is filed with the office of the Assessor. Applications and supporting documents for exemptions from Village taxes shall be filed with the Assessor, together with supporting documents in the same manner and within the time specified by Subsection E of this section.
G. 
At least 60 days prior to the first day of January in each year the Assessor shall mail to each person who was granted exemption pursuant to this section on the latest complete assessment roll an application form and a notice that such application must be filed on or before such first day of January and be approved in order for the exemption to be granted. 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 property owned by such person.