[Adopted 12-7-1970 as Subpart A
of the 1970 Code; amended in its entirety 9-20-1983 by L.L. No. 4-1983]
[Amended 1-9-1990 by L.L. No. 1-1990; 4-11-1995 by L.L. No. 1-1995]
Pursuant to the provisions of § 467
of the Real Property Tax Law and as therein provided, the real property
owned by one or more persons, each of whom is 65 years of age or older,
or real property owned by a husband and wife, one of whom is 65 years
of age or older or shall become 65 years of age on or before December
31 of the taxable year, shall be exempt from taxation by the Village
of Spring Valley to the extent that such exemption shall be computed
in accordance with the Real Property Tax Law § 467.
[Last amended 2-23-2017 by L.L. No. 1-2017]
A.
Legislative purpose. The Village Board of Trustees ("Village Board")
of the Village of Spring Valley, New York ("Village") hereby finds
that there is a critical and compelling need, in the public interest,
to continue without interruption real property tax exemptions previously
provided to senior citizens in the Village. The Village previously
supported senior citizens in the Village by providing them with certain
property tax exemptions and, whether or not those exemptions may be
construed to have been properly granted, intends to continue its support
of these taxpayers on future tax rolls published on or after the effective
date of this legislation.
B.
Senior citizen exemption rates. The Village of Spring Valley, for
assessment rolls prepared on the basis of taxable status date occurring
on or after January 1, 2001, hereby grants partial exemption from
real property taxation so as to increase the minimum income exemption
eligibility level for exemption for Village taxes pursuant to § 467
of the Real Property Tax Law to the extent provided in the following
schedule:
|
Annual Income of Applicant or Applicants
|
Percentage of Assessed Valuation Exempt From Taxation
|
|---|---|
|
Up to $29,000
|
50%
|
|
More than $29,001 but less than $30,000
|
45%
|
|
More than $30,001 but less than $31,000
|
40%
|
|
More than $31,001 but less than $32,000
|
35%
|
|
More than $32,001 but less than $32,900
|
30%
|
|
More than $32,901 but less than $33,800
|
25%
|
|
More than $33,801 but less than $34,700
|
20%
|
|
More than $34,701 but less than $35,600
|
15%
|
|
More than $35,601 but less than $36,500
|
10%
|
|
More than $36,501 but less than $37,400
|
5%
|
C.
State Environmental Quality Review Act. Pursuant to 6 NYCRR 617.5(c)(30),
this article is classified as Type II action which requires no further
review under the State Environmental Quality Review Act.
D.
Severability. If any clause, sentence, paragraph, section, or part
of this section shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder hereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part hereof directly involved
in the controversy in which such judgment shall have been rendered.
E.
Effective date. This exemption, as set forth above, takes effect
immediately and is to be applied nunc pro tunc and retroactively to
January 1, 2016.
A.
No exemption shall be granted under the provisions of this article if the income of the owner or combined income of the owners of the property for the tax year immediately preceding the date of making this application exceeds the sum of maximum income exemption eligibility level for the granting of partial exemption from real property taxation as provided in § 467(a), $20,500, plus an amount not to exceed $8,399.99, consistent with the schedule provided in § 237-2. "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 return was filed, then the calendar year.
[Last amended 12-19-2000 by L.L. No. 3-2000]
B.
Where title is vested in either the husband or the
wife, their combined income may not exceed such sum, except that where
the husband or wife or ex-husband or ex-wife is absent from the property,
as provided in Subdivision 3(d)(ii) of § 467 of the Real
Property Tax Law, then only the income of the spouse or ex-spouse
residing on the premises shall be considered and may not exceed such
sum.
[Amended 4-11-1995 by L.L. No. 1-1995]
C.
Where the real property tax exemption has been granted,
the exemption on property owned by the husband and wife shall not
be rescinded solely because of the death of the older spouse so long
as the surviving spouse is 62 years of age.
D.
Income shall include:
(1)
Social security and retirement benefits.
(2)
Interest.
(3)
Dividends.
(4)
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.
(5)
Salary or earnings.
(6)
Net rental income and net rental income from self
employment, without considering a depreciation deduction for exhaustion
or wear and tear of real or personal property held for the production
of income.
E.
Income shall not include a return of capital, gifts
or inheritances or moneys earned through employment in the Federal
Foster Grandparent Program.
[Amended 4-11-1995 by L.L. No. 1-1995]
F.
Title to the property considered for the exemption
shall have been vested in the owner or owners of the property for
24 consecutive months prior to making application.
(1)
In computing 24 consecutive months where the property
is owned by a husband or wife, the death of either in whose name title
was vested at the time of death and title becomes vested solely to
the survivor by virtue of devise or descent from the deceased husband
or wife, the survivor shall add the time of ownership by the deceased
husband or wife to the time of ownership by the survivor so that the
ownership period is continuous.
(2)
A transfer by the husband or wife to the other of
all or part of the title shall be deemed a continuous period of ownership
by the transferee to comply with the 24 consecutive months.
(3)
Where property of the owner or owners has been acquired
to replace property formerly owned by the owner or owners, such as
eminent domain or other involuntary proceedings 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
and shall be considered consecutive in computing the 24 months.
(4)
Where a residence is sold and replaced within one
year and is in the same assessing unit or municipality or where both
residences are within the state, the period of ownership of the former
shall be combined with the replacement and deemed consecutive for
the exemption application.
(5)
The property must be used exclusively for residential
purposes and be the legal residence of and be occupied in whole or
part by the owner or all the owners of the property.
A.
The owner or all the owners of the property must obtain
application forms prescribed by the State Board from the Tax Assessor[1] of the Village of Spring Valley. Said forms shall be filed
with the Tax Assessor's office on or before the appropriate taxable
status date.
[1]
Editor’s Note: The position of Assessor in the Village
was abolished 11-30-2016 by L.L. No. 5-2016.
B.
At least 60 days prior to the appropriate taxable
status date, the Tax Assessor must mail to each person previously
granted an exemption, in accordance with the latest completed assessment
roll, an application form and 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.
C.
The Assessor shall, within three days of the completion
and filing of the tentative assessment roll, notify by mail any applicant
who has included with his application at least one self-addressed,
prepaid envelope of the approval or denial of the application; provided,
however, that the Assessor shall, upon receipt and filing of the application,
send by mail notification of receipt to any applicant who has included
two of such envelopes with the application.
[Amended 4-11-1995 by L.L. No. 1-1995]
D.
If the applicant is entitled to a notice of denial,
the form shall be on that prescribed by the State Board and shall
state the reason for such denial. The applicant may have the determination
reviewed in the manner provided by law.
E.
The Village of Spring Valley shall not be penalized
for failure to mail the application form or notice or for the failure
of any such person to receive the application form or notice.
A.
Any willful false statement in the application for
exemption shall be punishable by a fine of not more than $100 payable
to the Tax Assessor,[1] and the applicant or applicants shall be disqualified
from any exemption for a period of five years.
[1]
Editor’s Note: The position of Assessor in the Village
was abolished 11-30-2016 by L.L. No. 5-2016.
B.
The Village of Spring Valley, on any amount of taxes
erroneously exempted as a result of an incorrect statement in an application,
may collect the same in the same manner provided for the collection
of delinquent taxes pursuant to Article 10 of the Real Property Tax
Law.
[Amended 10-14-1986 by L.L. No. 7-1986; 1-9-1990 by L.L. No. 1-1990; 10-23-1990 by L.L. No. 13-1990; 12-23-1991 by L.L. No. 14-1991; 8-17-1993 by L.L. No. 6-1993; 11-22-1994 by L.L. No. 11-1994; 11-28-1995 by L.L. No. 4-1995]
This Article shall take effect immediately upon
filing with the Secretary of State, and shall apply to assessment
rolls prepared on the taxable status date occurring on or after January
1, 1996.
