[Adopted 11-22-1983 by L.L. No. 1-1983]
[Amended 3-13-2001 by L.L. No. 1-2001]
Pursuant to the provisions of § 467
of the Real Property Tax Law, 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 Mount Pleasant for Town general
taxes, as hereinafter provided. Such exemption shall be computed after
all other partial exemptions allowed by law have been subtracted from
the total amount assessed.
[Amended 10-14-1986; 12-11-1990; 1-28-1992; 5-11-1999; 5-22-2001 by L.L. No. 3-2001; 3-11-2003; 2-10-2004; 1-9-2007; 11-7-2022 by L.L. No. 8-2022]
A.
For assessment rolls prepared on the basis of a taxable
status date occurring on June 1, of 2023 and every year thereafter,
the exemption shall be as follows:
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|---|---|
|
More than $0 to but less than $50,000
|
50%
|
|
More than $50,000 but less than $51,000
|
45%
|
|
More than $51,000 but less than $52,000
|
40%
|
|
More than $52,000 but less than $53,000
|
35%
|
|
More than $53,000 but less than $53,900
|
30%
|
|
More than $53,900 but less than $54,800
|
25%
|
|
More than $54,800 but less than $55,700
|
20%
|
|
More than $55,700 but less than $56,600
|
15%
|
|
More than $56,600 but less than $57,500
|
10%
|
|
More than $57,500 but less than $58,400
|
5%
|
No exemptions shall be granted hereunder:
A.
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 the maximum income exemption eligibility level for the granting
of partial exemption from real property taxation as provided herein.
"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 or 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.
B.
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 devise or by 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; 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
consecutive 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, 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
is in the same assessing unit or municipality, the period of ownership
of the former property shall be combined with the period of ownership
of the replacement residence and deemed consecutive for exemption
from taxation by each such assessing unit or municipality; provided,
however, that where the replacement property is in the same assessing
unit but in another school district, the period of ownership of both
properties shall also be deemed consecutive for purposes of the exemption
from taxation by such school district. Notwithstanding any other provision
of law, where a residence is sold and replaced with another within
one year and both residences are within the state, the period of ownership
of both properties shall be deemed consecutive for purposes of the
exemption from taxation by a municipality within the state granting
such exemption.
C.
Unless the property is used exclusively for residential
purposes.
D.
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.
The real property tax exemption provided for
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 solely
because of the death of the older spouse so long as the surviving
spouse is at least 62 years of age.
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 Assessor of the Town of
Mount Pleasant 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 town's taxable status date.
A.
The Town of Mount Pleasant shall notify, or cause
to be notified, each person owning residential real property in the
Town of Mount Pleasant of the provisions hereof. Such notice may be
met by a notice or legend sent on or with each tax bill to such persons
reading substantially as follows: "Tax Exemptions Are available to
qualifying taxpayers. Examples include but are not limited to Clergy,
Veteran, Disability and Aged (low income). Contact our Assessor's
Office for an application and additional information at 914-742-2345.
All Applications are due no later than June 1st."
[Amended 3-13-2001 by L.L. No. 1-2001; 11-7-2022 by L.L. No. 8-2022]
B.
At least 60 days prior to the appropriate taxable
status date, the Town Assessor shall mail to each person who was granted
a senior citizens exemption 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. 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 Town Assessor shall,
upon the 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. Where an applicant is entitled to a notice of
denial pursuant to this subsection, such notice shall be on a form
prescribed by the State Board and shall state the reasons for such
denial and shall further state that the applicant may have such determination
reviewed in the manner provided by law.
C.
Failure to notify, or cause to be notified, any person
who is in fact eligible to receive the exemption or the failure to
mail any such application form or notices or the failure of such person
to receive any of the same shall not prevent the levy, collection
and enforcement of the payment of the taxes on property owned by such
person.
[Amended 3-13-2001 by L.L. No. 1-2001]
The exemption provided herein shall apply to
school taxes, provided that the applicable school districts shall
have, prior to the taxable status date occurring on or after January
1, 1984, adopted a resolution pursuant to § 467 of the Real
Property Tax Law, providing for such exemption. Notwithstanding such
resolution, the exemption from taxation for school tax 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.
A.
Any conviction of having made any willful false statement
in the application for such exemption shall be punishable by a fine
of not more than $100 and shall disqualify, the applicant or applicants
from further exemption for a period of five years.
B.
Notwithstanding any inconsistent provisions hereof,
the collection of any amount of tax erroneously exempted due to an
incorrect statement in an application for exemption shall be enforceable
in the same manner provided for the collection of delinquent taxes
pursuant to the provisions of Article 10 of the Real Property Tax
Law.
