[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Editor's Note: This local law also repealed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.
