[Last amended 10-16-2006 by L.L. No. 3-2006]
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granted, shall not be rescinded solely because of the death of the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.
[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.