[Adopted 4-25-1988 by L.L. No. 19-1988; amended in its entirety 5-16-2018 by L.L. No. 3-2018]
The Village Board of the Village of Montebello, being ever mindful
of its responsibility and obligation to provide for the welfare and
financial independence of the senior citizens of this Village who
have made a vital contribution to the growth, development and progress
of our community, intends by the enactment of this article to provide
protection for the elderly limited-income homeowner from the increased
cost of living. The purpose of this article is to grant a partial
exemption from taxation in accordance with a graduated schedule, as
provided for in § 467 of the Real Property Tax Law.
All real property owned by persons 65 years of age or over shall be exempt from Village taxes in accordance with a graduated schedule, as provided for in § 467 of the Real Property Tax Law, provided also that the requirements set forth in § 167-30 below are complied with.
In order to qualify for an exemption, the following requirements
must be met:
A.
All of the owners of real property must be 65 years of age or over
on the date the application is filed. However, where said property
is owned jointly by a husband and wife, only one spouse must be 65
years of age or over on the date of filing the application. Any person
otherwise qualifying under this section shall not be denied an exemption
if he becomes 65 years of age after taxable status date and before
December 31 of the same year.
B.
Title to the property shall have been vested in the owner of the
property or, if more than one, in all of the owners, for at least
24 consecutive months prior to the date the application is filed;
provided, however, that in the event of the death of either a husband
or wife in whose name title of 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 months, provided further that in the event of a
transfer by either a husband or wife to the other spouse of all or
part of the title to the property, the time of ownership of the property
by the transferor spouse shall be deemed also a time of ownership
by the transferee spouse, and such ownership shall be deemed continuous
for the purposes of computing such period of 24 months, and provided
further that where 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,
and further provided that where a residence is sold and replaced with
another within one year and is in the same assessment unit, 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 section.
C.
The property must be used exclusively for residential purposes and
occupied in whole or in part by the owner or owners and constitute
the legal residence of the owner or owners.
D.
Pursuant to § 467 of the Real Property Tax Law, the percentage
of the assessed valuation of real property which is exempt from taxation
will be determined on the basis of annual income in accordance with
the graduated schedule set forth below. "Annual income" refers to
the income of the owner or the combined income of all of the owners
for the income tax year immediately preceding the date that the application
is filed. Where title of the property is vested in either a husband
or wife, annual income is the combined income of the husband and wife.
In computing net rental income or net income from self-employment,
no depreciation deduction shall be allowed for the exhaustion, wear
and tear of real or personal property held for the production of income.
Such income shall include social security and retirement benefits,
interest, dividends, total gains from sale or exchange of a capital
asset in the same 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 received during the twelve-month
period and medical and prescription drug expenses that are not reimbursed
or paid by insurance. Veteran's disability compensations shall
not be included in the calculation of income limits for the partial
tax exemption contained in § 467 of the Real Property Tax
Law.
|
Effective January 2, 2018
| |
|---|---|
|
Annual Income
|
Percentage of Assessed Valuation Exempt from Taxation
|
|
Less than $29,000
|
50%
|
|
$29,000 but less than $30,000
|
45%
|
|
$30,000 but less than $31,000
|
40%
|
|
$31,000 but less than $32,000
|
35%
|
|
$32,000 but less than $32,900
|
30%
|
|
$32,900 but less than $33,800
|
25%
|
|
$33,800 but less than $34,700
|
20%
|
|
$34,700 but less than $35,600
|
15%
|
|
$35,600 but less than $36,500
|
10%
|
|
$36,500 but less than $37,400
|
5%
|
E.
Ownership is limited to dwellings with three or fewer dwelling units
or ownership of a single dwelling unit where title is vested in the
owner in a dwelling containing four or more dwelling units and the
dwelling unit is separately assessed to the individual owner or owners
and to trailers or mobile homes which are separately assessed to the
owner or owners of the property. Exemptions are not available to corporations,
to persons leasing property or to an owner or owners of property with
an interest less than a life estate or to cooperative ownership where
title is held by a corporation.
An application for exemption pursuant to this article must be
made by the owner or all of the owners of the property on forms prepared
by the Assessor's office, and the application must be filed in
the Assessor's office on or before taxable status date.
A.
In the event the owner, or all of the owners, of property which has
received an exemption pursuant to § 467 of the Real Property
Tax Law on the preceding assessment roll fail to file the application
pursuant to § 467 on or before the taxable status date,
such owner or owners may file the application, executed as if such
application had been filed before the taxable status date, with the
Assessor at the Town of Ramapo on or before the date for the hearing
of complaints.
B.
Any person who has been granted an exemption pursuant to this article
on five consecutive completed assessment rolls shall not be subject
to the application requirements set forth above and shall be automatically
granted an exemption pursuant to this article on such subsequent assessment
roll; provided, however, that when tax payment is made by such person,
a sworn affidavit on forms prescribed by the State Board of Real Property
Services must be included with such payment, which shall state that
such person continues to be eligible for such exemption. If such affidavit
is not included with the tax payment, the collecting officer shall
proceed pursuant to § 551-a of the Real Property Tax Law.
Upon the determination by the Assessor that the requirements
of this article have been met, the exemption shall be allowed in accordance
with a graduated schedule, as provided for in § 467 of the
Real Property Tax Law, for property which so qualifies. The exemption
does not apply to special ad valorem levies or special assessments.
The burden of proof is upon the applicant to show eligibility
pursuant to this article and the rules and regulations of the Assessor.
A.
Legislative intent. The Real Property Tax Law provides senior citizens
owning "qualifying real property" with a tax exemption. The scope
of "qualifying residential real property" did not include cooperative
apartments owned by senior citizens. Section 467 of the Real Property
Tax Law has been amended to permit towns, by adoption of a local law,
to include cooperative housing within the meaning of "qualifying residential
real property."
B.
Eligible property. Pursuant to § 467 of the Real Property
Tax Law, the percentage of cooperative shares owned by senior citizens
in a cooperative apartment corporation shall be eligible to be included
in "qualifying residential real property" for the purposes of determining
eligibility for a senior citizen's real property tax exemption.
Any person convicted of making a willful or false statement
in the application for exemption under this article shall be punished
by a fine of not more than $100 and shall be disqualified from further
exemption for a period of five years.
This article shall take effect immediately and shall apply to
taxable status dates occurring on or after January 2, 2018.
