[Amended 11-4-2024 by L.L. No. 10-2024]
For the purposes of this article, the terms used herein are defined as follows:
INCOME
The term "income" shall have the meaning as defined in New York State Real Property Tax Law § 467.
INCOME TAX YEAR
The twelve-month period for which the owner or owners of the subject real property file a federal individual income tax return, or, if no such return is filed, the calendar year.
[Amended 12-7-1987 by L.L No. 6-1987; 11-4-2024 by L.L. No. 10-2024]
Real property located within the Incorporated Village of Sea Cliff which is owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a married couple or by siblings, one of whom is 65 years of age or over, shall be exempt from taxation by the Village, to the extent of 50% of the assessed valuation thereof, subject to the limitations hereinafter stated.
[Added 12-7-1987 by L.L. No. 6-1987;[1] amended 12-17-1990 by L.L. No. 1-1990]
A. 
The exemption from taxation stated above shall not be granted if the income of the owner or combined income of the owners of the property, for the income tax year immediately preceding the date of making application for exemption, exceeds the sum set forth in Chapter A159, § A159-1. Where title is vested in either the husband or the wife, their combined income may not exceed such sum.
B. 
Pursuant to § 467, Subdivision 1(b), of the Real Property Tax Law, the maximum income eligibility level as provided in Subsection A above is hereby increased to the extent provided in the schedule set forth in Chapter A159, § A159-2.
C. 
Any exemption provided by this article shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed.
[1]
Editor's Note: This local law also redesignated former § 117-18, Prerequisites to exemption, as amended, as § 117-18.1.
[Amended 10-4-1982 by L.L. No. 4-1982; 12-1-1986 by L.L. No. 5-1986, effective 12-22-1986; 12-7-1987 by L.L. No. 6-1987; 11-4-2024 by L.L. No. 10-2024]
The exemption from taxation stated above shall not be granted unless the title to property shall have been vested in the owner or all of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption, subject to the following conditions:
A. 
Unless the property is used exclusively for residential purposes.
B. 
The real property is the legal residence and occupied by all owners in accordance with New York State Real Property Tax Law § 476(3)(d).
[Amended 12-7-1987 by L.L. No. 6-1987]
A. 
The determination of whether an application for exemption shall be granted and whether the property shall be exempt under the provisions of this article shall be made by the Assessor, and his determination shall be final. If the Assessor determines that the application for exemption be granted and that the property is exempt, he shall make appropriate entries upon the assessment roll opposite the description of such property. If the Assessor determines that the application for exemption is not to be granted, the property shall be fully subject to any tax imposed by the Incorporated Village of Sea Cliff.
B. 
In making such determination, in the event that the owner, or all of the owners, of property which has received an exemption pursuant to this article on the preceding assessment roll shall fail to file the application for renewal of exemptions required pursuant to this article on or before the taxable status date, the Assessor may accept such application, executed as if it had been filed on or before the taxable status date, provided that it is filed with the Assessor on or before the date for the hearing of complaints.
The real property tax exemption on real property owned by husband and wife, 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 as long as the surviving spouse is at least 62 years of age.