[Adopted 10-6-1969; amended in its entirety 8-17-1987 by L.L. No. 3-1987]
[Last amended 10-16-2006 by L.L. No. 3-2006[1]]
A. 
Eligible income levels. Residential real property as herein defined and located within the Village of Rouses Point owned by one or more persons, each of whom became 65 years of age after an assessing unit's taxable status date and before December 31 of the same year; and said residential real property located within the Village of Rouses Point owned by a husband and wife, or by siblings, all as defined in § 467, Subdivision 1(a), of the Real Property Tax Law, and one of whom became 65 years of age after an assessing unit's taxable status date and before December 31 of the same year; and said residential real property located within the Village of Rouses Point held in trust solely for the benefit of a person or persons who would otherwise be eligible for a real property tax exemption pursuant to § 467, Subdivision 1, of the Real Property Tax Law; and said residential real property purchased by a person who meets the requirements for an exemption pursuant to § 467 of the Real Property Tax Law when so purchased after the levy of taxes, which thereafter allows the Assessor to prorate the exemption, are hereby exempt from real estate taxes of the Village of Rouses Point for an amount of a percentage of the assessed valuation as appears on the following schedule or a proration of said amount if involving a purchase after the levy of taxes as the case may be, all as based on the annual income of the owner or owners of said property as follows:
Annual Income
Percentage of Assessed Valuation Exempt From Taxation
Up to and including $26,000
50%
More than $26,000 but less than $27,000
45%
$27,000 or more but less than $28,000
40%
$28,000 or more but less than $29,000
35%
$29,000 or more but less than $29,899.99
30%
$29,900 or more but less than $30,799.99
25%
$30,800 or more but less than $31,699.99
20%
$31,700 or more but less than $32,599.99
15%
$32,600 or more but less than $33,499.99
10%
$33,500 or more but less than $34,399.99
5%
B. 
Such exemptions shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. The exemptions granted by this section are pursuant to § 467 of the Real Property Tax Law of the State of New York, as amended.
C. 
The real property tax exemption 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 other spouse, so long as the surviving spouse is at least 62 years of age.
[1]
Editor's Note: This local law provided that it applies to the assessment rolls prepared on the basis of taxable status dates occurring on or after 6-1-2006.
[Amended 12-5-1994 by L.L. No. 4-1994; 3-18-1996 by L.L. No. 1-1996; 10-16-2006 by L.L. No. 3-2006]
Such exemption as stated in § 104-1 above shall not be allowed, nor shall the same be granted, if the income of the owner or the combined income of the owners of the real property or the combined incomes of the husband and wife, if title to said real property is vested, in either said husband or the wife, as the case may be, for the income tax year immediately preceding the date of making application for such exemption exceeds the sum of $34,399.99. The term "income tax year," as stated above, shall mean the twelve-month period for which the owner or owners, as the case may be, filed a federal personal income tax return or, if no such return is filed, the calendar year. Such income as stated herein 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, inheritances or moneys earned through employment in the Federal Foster Grandparent Program. 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. Where a husband or wife or ex-husband or ex-wife is absent from the property as defined in § 467, Subdivision 1(b)(3), of the Real Property Tax Law, then said subdivision of § 467 shall be applied as the case may be in computing said income.
[Amended 3-18-1996 by L.L. No. 1-1996]
No exemption as stated above shall be allowed nor shall the same be granted unless the title to said real property shall have been vested in the owner or one of the owners of said real property for at least 12 consecutive months prior to the date of making application for said exemption or unless the title to said real property shall have vested in accordance with and pursuant to the provisions of § 467, Subdivision 1(b), of the Real Property Tax Law of the State of New York, and any amendments thereto or supplements thereof.
No exemption, as stated above, shall be granted unless the real property is used exclusively for residential purposes and unless said 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 said real property, as the case may be.
Application for such exemption shall be made by the owner or all of the owners of the real property who shall furnish such information and execute in the manner required or prescribed such application forms as may be required by the Village of Rouses Point in compliance with § 467 of the Real Property Tax Law, and any amendments thereto or supplements thereof. Applications shall be filed in the office of the Village Clerk on or before January 1, the taxable status date of the Village or such other date as may be designated as the taxable status date pursuant to the provisions of the law.
Any conviction for having made any willfully 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 exemptions for a period of five years.