City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Adopted 11-13-1967 (Ch. 9, Art. II, of the Code of Ordinances)]
[Amended 3-12-1990 by Ord. No. 10-90]
A. 
Pursuant to § 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, shall be exempt from taxation by the City of Newburgh to the extent of 50% of the assessed valuation thereof, subject to the conditions of this article.
B. 
Any person otherwise qualifying under § 467 of the Real Property Tax Law shall not be denied the exemption under this section if he becomes 65 years of age after the appropriate taxable status date and before December 31 of the same year. This provision is adopted at the option of the City of Newburgh pursuant to § 467, Subdivision 5, of the Real Property Tax Law.
Exemption from taxation for school purposes shall not be granted in the case of real property where a child resides if such child attends a public school within the City School District.
[Last amended 3-16-2006 by Ord. No. 2-2006]
A. 
No exemptions hereunder shall be granted:
(1) 
If the income or the combined income of the owners of the property for the income tax year immediately preceding the date of application for exemption exceeds the sum of $29,000. "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 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 income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion or wear and tear of real or personal property held for the production of income.
[Amended 3-22-2010 by Ord. No. 1-2010]
(2) 
Unless the title of the property shall have been vested in the owner or all of the owners of property for at least 12 consecutive months prior to the date of making application for exemption.
(3) 
Unless the property is used exclusively for residential purposes.
(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.
B. 
Pursuant to § 467-d of the Real Property Tax Law of the State of New York,[1] the maximum income eligibility level as set forth in Subsection A(1) of this section and shown in the hereinbelow schedule as "M" is hereby increased to the extent provided in the following schedule.
Annual Income
Percentage of Assessed Valuation Exempt From Taxation
More than M but less than (M + $1,000)
45%
(M + $1,000 or more) but less than (M + $2,000)
40%
(M + $2,000 or more) but less than (M + $3,000)
35%
(M + $3,000 or more) but less than (M + $3,900)
30%
(M + $3,900 or more) but less than (M + $4,800)
25%
(M + $4,800 or more) but less than (M + $5,700)
20%
(M + $5,700 or more) but less than (M + $6,600)
15%
(M + $6,600 or more) but less than (M + $7,500)
10%
(M + $7,500 or more) but less than (M + $8,400)
5%
[1]
Editor's Note: Section 467-d of the Real Property Tax Law was repealed by L. 1985, c. 440. For current provisions, see § 467 of the Real Property Tax Law.
[Amended 6-13-1988 by L.L. No. 4-1988]
Application for exemption hereunder must be made by the owner or all of the owners of the property annually on forms to be furnished by the Assessor's office and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed annually in such Assessor's office on or before the appropriate taxable status date.
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.
[Added 7-14-1986 by L.L. No. 3-1986]
Pursuant to § 467, Subdivision 8, of the Real Property Tax Law of the State of New York, the City Assessor be and hereby is authorized to accept applications for the renewal of exemptions pursuant to § 467 of the Real Property Tax Law after the taxable status date if the owner or owners received such an exemption on the immediately preceding assessment roll and such application, executed as if such application had been filed on or before the tax status date, is filed with the Assessor on or before the date for the hearing of complaints.