[Adopted 11-28-1984 by L.L. No. 7-1984; amended in its entirety 2-25-1987 by L.L. No. 1-1987]
The intent of this article is to amend Local
Law No. 7-1984 of the Town of New Paltz, County of Ulster, State of
New York, regulating partial tax exemption for persons over the age
of 65 years and of limited income, so as to increase the maximum income
exemption eligibility level consistent with authority granted to the
Town of New Paltz to do so as provided for in § 467, Subdivision
1(b), of the Real Property Tax Law of the State of New York.
A.
The maximum income exemption eligibility level for
partial tax exemption for persons over the age of 65 years and of
limited income is hereby increased to the extent as provided in the
following schedule:
[Amended 2-22-1990 by L.L. No. 2-1990; 5-23-1991 by L.L. No. 2-1991; 1-23-2003 by L.L. No.
2-2003]
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
| |
|---|---|---|
|
Less than $21,000
|
50%
| |
|
$21,500 to $22,499
|
45%
| |
|
$22,500 to $23,499
|
40%
| |
|
$23,500 to $24,499
|
35%
| |
|
$24,500 to $25,399
|
30%
| |
|
$25,400 to $26,299
|
25%
| |
|
$26,300 to $27,199
|
20%
| |
|
$27,200 to $28,099
|
15%
| |
|
$28,100 to $28,999
|
10%
| |
|
$29,000 to $29,900
|
5%
|
B.
Consistent with the provisions of the Real Property
Tax Law of the State of New York, 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.
C.
Consistent with the provisions of the Real Property
Tax Law of the State of New York, the real property tax exemption
provided herein on real property owned by husband and wife, one of
whom is 65 years of age or over, once granted, shall not be rescinded
by a municipal corporation solely because of the death of the older
spouse so long as the surviving spouse is 62 years of age.
D.
Consistent with the provisions of the Real Property
Tax Law of the State of New York, exemption from taxation, as provided
herein, 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.
E.
Consistent with the provisions of the Real Property
Tax Law of the State of New York, no exemption shall be granted pursuant
to this article:
(1)
If 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 exemption exceeds the
sum of $3,000 or such other sum not less than $3,000 nor more than
$15,000. "Income tax year" shall mean 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. 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 gain from the sale
or exchange of a capital asset, which may be offset by a loss 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, wear
and tear of real or personal property held for the production of income.
[Amended 5-23-1991 by L.L. No. 2-1991]
(2)
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 the 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. 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 purpose of computing such period of 24 consecutive months.
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, 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. Where a residence is sold and replaced with
another within one year and both residences are within the State of
New York, the period of ownership of both properties shall be deemed
consecutive for purposes of the exemption from taxation pursuant to
this article.
(3)
Unless the property is used exclusively for residential
purposes; provided, however, that in the event that any portion of
such property is not so used exclusively for residential purposes
but is used for other purposes, such portion shall be subject to taxation,
and the remaining portion only shall be entitled to the exemption
provided by this article.
(4)
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, provided that an owner who is absent while
receiving health-related care as an inpatient of a residential health-care
facility, as defined in § 2801 of the Public Health Law
of the State of New York, shall be deemed to remain a legal resident
and an occupant of the property while so confined, and income accruing
to that person shall be income only to the extent that it exceeds
the amount paid by such owner, spouse or co-owner for care in the
facility; and provided, further, that during such confinement, such
property is not occupied by other than the spouse or co-owner of such
owner.
F.
Application for the exemption as provided for herein
must be made by the owner or all of the owners of the property on
forms prescribed by the State Board of Equalization and Assessment
of the State of New York, to be furnished by the Town of New Paltz,
and shall furnish the information and be executed in the same manner
required or prescribed in such forms and shall be filed in the office
of the Assessor of the Town of New Paltz on or before the appropriate
taxable status date.
(1)
Any person otherwise qualifying under this chapter
shall not be denied the exemption pursuant to this chapter if he or
she becomes 65 years of age after the appropriate taxable status date
and before December 31 of the same year.
[Added 2-22-1990 by L.L. No. 2-1990]
Notwithstanding the provisions of Subdivisions
5 and 6 of § 467 of the Real Property Tax Law, the Assessor
of the Town of New Paltz is hereby authorized and empowered to accept
applications for renewal of exemptions pursuant to this article after
the taxable status date under the following condition: In the event
that the owner or all of the owners of property which has received
an exemption pursuant to Local Law No. 7-1984 of the Town of New Paltz
on the assessment roll immediately preceding the date upon which this
article shall become effective fail to file the application required
pursuant to this article on or before taxable status date occurring
on or after the effective date of this article, such owner or owners
may file the application, executed as if such application had been
filed on or before such taxable status date, with the Assessor on
or before the date for the hearing of complaints.
