[Adopted 12-2-1985 by L.L. No. 15-1985]
Pursuant to the provisions of §§ 467
and 467-d of the Real Property Tax Law,[1] 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 Village of Port Chester for Village general taxes,
as hereinafter provided. Such exemption shall be computed after all
other partial exemption allowed by law has been subtracted from the
total amount assessed.
[Amended 12-30-1986 by L.L. No. 20-1986; 2-28-1990 by L.L. No. 2-1990; 11-28-1990 by L.L. No. 13-1990; 1-2-1992 by L.L. No. 2-1992; 3-1-1993 by L.L. No. 4-1993; 11-7-1994 by L.L. No.
11-1994; 7-7-1997 by L.L. No. 12-1997; 9-8-1998 by L.L. No.
11-1998; 12-16-2002 by L.L. No. 22-2002; 1-2-2007 by L.L. No.
1-2007; 5-7-2007 by L.L. No. 6-2007]
A.
For assessment rolls prepared on the basis of a taxable
status date occurring for the period expiring June 30, 2007, the exemption
shall be as follows:
|
Maximum Income Exemption Eligibility
|
Percentage of Assessed Valuation Exempt
From Taxation
| |
|---|---|---|
|
$0 to $26,000.00
|
50%
| |
|
$26,000.01 to $26,999.99
|
45%
| |
|
$27,000.00 to $27,999.99
|
40%
| |
|
$28,000.00 to $28,999.99
|
35%
| |
|
$29,000.00 to $29,899.99
|
30%
| |
|
$29,900.00 to $30,799.99
|
25%
| |
|
$30,800.00 to $31,699.99
|
20%
| |
|
$31,700.00 to $32,599.99
|
15%
| |
|
$32,600.00 to $33,499.99
|
10%
| |
|
$33,500.00 to $34,399.99
|
5%
|
B.
For assessment rolls prepared on the basis of a taxable
status date occurring for the period commencing July 1, 2007, and
expiring June 30, 2008, the exemption shall be as follows:
|
Maximum Income Exemption Eligibility
|
Percentage of Assessed Valuation Exempt
From Taxation
| |
|---|---|---|
|
$0 to $27,000.00
|
50%
| |
|
$27,000.01 to $27,999.99
|
45%
| |
|
$28,000.00 to $28,999.99
|
40%
| |
|
$29,000.00 to $29,999.99
|
35%
| |
|
$30,000.00 to $30,899.99
|
30%
| |
|
$30,900.00 to $31,799.99
|
25%
| |
|
$31,800.00 to $32,699.99
|
20%
| |
|
$32,700.00 to $33,599.99
|
15%
| |
|
$33,600.00 to $34,499.99
|
10%
| |
|
$34,500.00 to $35,399.99
|
5%
|
C.
For assessment rolls prepared on the basis of a taxable
status date occurring for the period commencing July 1, 2008, and
expiring June 30, 2009, the exemption shall be as follows:
|
Maximum Income Exemption Eligibility
|
Percentage of Assessed Valuation Exempt
From Taxation
| |
|---|---|---|
|
$0 to $28,000.00
|
50%
| |
|
$28,000.01 to $28,999.99
|
45%
| |
|
$29,000.00 to $29,999.99
|
40%
| |
|
$30,000.00 to $30,999.99
|
35%
| |
|
$31,000.00 to $31,899.99
|
30%
| |
|
$31,900.00 to $32,799.99
|
25%
| |
|
$32,800.00 to $33,699.99
|
20%
| |
|
$33,700.00 to $34,599.99
|
15%
| |
|
$34,600.00 to $35,499.99
|
10%
| |
|
$35,500.00 to $36,399.99
|
5%
|
D.
For assessment rolls prepared on the basis of a taxable
status date occurring for the period commencing July 1, 2009:
|
Maximum Income Exemption Eligibility
|
Percentage of Assessed Valuation Exempt
From Taxation
| |
|---|---|---|
|
$0 to $29,000.00
|
50%
| |
|
$29,000.01 to $29,999.99
|
45%
| |
|
$30,000.00 to $30,999.99
|
40%
| |
|
$31,000.00 to $31,999.99
|
35%
| |
|
$32,000.00 to $32,899.99
|
30%
| |
|
$32,900.00 to $33,799.99
|
25%
| |
|
$33,800.00 to $34,699.99
|
20%
| |
|
$34,700.00 to $35,599.99
|
15%
| |
|
$35,600.00 to $36,499.99
|
10%
| |
|
$36,500.00 to $37,399.99
|
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 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 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. 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.
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 as long as the surviving
spouse is at least 62 years of age.
[Amended 1-27-1993 by L.L. No. 2-1993; 1-2-2007 by L.L. No.
1-2007]
A.
Application for such exemption must be made by the
owner, or all of the owners on the property, on forms prescribed by
the State Board to be furnished by the Assessor of the Town of Rye
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. Notwithstanding
the foregoing, an application for such exemption may be filed with
the Assessor after the appropriate taxable status date but not later
than the last date on which a petition with respect to complaints
of assessments may be filed, where failure to file a timely application
resulted from:
B.
The Assessor shall approve or deny such application
as if it had been filed on or before the taxable status date.
A.
The Village of Port Chester shall notify, or cause
to be notified, each person owning residential real property in the
Village of Port Chester 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: "SENIOR CITIZENS: If your
annual income is less than $13,500[1] you may be eligible for senior citizen tax exemption.
Senior citizens have until June 1 of each year to apply for such exemption.
For information please call or write the Assessor's office, 10 Pearl
Street, Port Chester, New York 10573, (939-3566)."
B.
At least 60 days prior to the appropriate taxable
status date, the Village Assessor shall mail to each person who was
granted a senior citizen exemption on the latest completed assessment
roll an application form and a notice that such application must be
filed on or before 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 this application at least
one self-addressed, prepaid envelope, of the approval or denial of
the application; provided, however, that the Village 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.
[Added 2-28-1990 by L.L. No. 2-1990]
Any person otherwise qualifying under this article
shall be entitled to the exemption under this article if such person
becomes 65 years of age after the appropriate taxable status date
and before December 31 of the same year.
