Town of Esopus, NY
Ulster County
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Table of Contents
Table of Contents
[Adopted 12-2-1970]
[Added 12-30-1993 by L.L. No. 10-1993[1]]
Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from taxation by the Town of Esopus to the extent of 50% of the assessed valuation thereof, provided that the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for such exemption does not exceed the sum of $15,000. This section shall take effect starting with the 1995 fiscal year.
[1]
Editor's Note: Former § 109-1, Grant of partial exemption, as amended, was repealed 12-30-1993 by L.L. No. 9-1993.
As used in this article, the following terms shall have the meanings indicated:
INCOME
Includes social security and retirement benefits, interest, net rental income, salary or earnings and net income from self-employment, but shall not include gifts or inheritances.
INCOME TAX YEAR
The twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year.
[Amended 9-14-1977; 11-14-1979; 12-15-1982; 5-11-1988 by Ord. No. 8-1988; 5-11-1988 by Ord. No. 9-1988]
A. 
Where title is vested in either the husband or wife, their combined income may not exceed the income range set forth in § 109-1.
B. 
Income shall include social security, retirement benefits, interest, dividends and other usual forms of income.
[Amended 4-16-1981 by L.L. No. 4-1981]
To be entitled to such exemption, the owner or all of the owners of the property shall have been vested with title for the last 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 real property of the owner or owners has been acquired 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 the application is made for exemption, and such period of ownership shall be deemed to be consecutive for purposes of this section.
An applicant shall not be entitled to such exemption if his property is used other than exclusively for residential purposes.
An applicant shall not be entitled to said exemption unless the real property is the legal residence of and is occupied in whole or in part by the owner or all of the owners of the property.
Exemption from taxation for school purposes shall not be granted in the case of real property where a child resides if such child attends a public school of elementary or secondary education.
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, 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 on or before the appropriate taxable status date.
At least 60 days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted exemption pursuant to this section 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. 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.
This article is enacted pursuant to authority vested in the Town Board of the Town of Esopus by the Real Property Tax Law § 467 and is adopted subject to any further provisions set forth in said section.