[Adopted 10-20-1975 by L.L. No. 2-1975[1]]
[1]
Editor's Note: This local law supersedes the
resolution adopted 5-15-1967 pertaining to real property tax exemption
for persons over 65 years of age.
[Amended 2-20-1990 by L.L. No. 2-1990]
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 Irvington to the maximum extent of 50% of the assessed valuation thereof, subject to the qualifications in § 195-21.
A.
Exemption eligibility and computation of exemption
shall be pursuant to the provisions of § 467 of the Real
Property Tax Law.
[Amended 2-5-1979; 11-17-1980; 2-20-1990 by L.L. No. 2-1990; 12-16-1991 by L.L. No. 9-1991; 12-19-1994 by L.L. No. 8-1994; 11-3-2003 by L.L. No.
24-2003; 1-16-2007 by L.L. No. 1-2007; 10-21-2022 by L.L. No. 8-2022]
(1)
No exemption shall be granted 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 $58,400.
[Amended 12-3-2008 by L.L. No. 1-2008]
(2)
"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 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 or wear and tear of real or personal
property held for the production of income.
(3)
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 is less than
$58,400, the exemption from real property taxes levied by the Village
of Irvington shall be calculated as follows:
[Amended 12-3-2008 by L.L. No. 1-2008; 10-21-2022 by L.L. No.
8-2022]
|
Annual Income for
Income Tax Year
|
Percentage of Assessed Valuation Exempt
from Taxation
| |
|---|---|---|
|
$50,000 or less
|
50%
| |
|
More than $50,000 but less than $51,000
|
45%
| |
|
$51,000 or more but less than $52,000
|
40%
| |
|
$52,000 or more but less than $53,000
|
35%
| |
|
$53,000 or more but less than $53,900
|
30%
| |
|
$53,900 or more but less than $54,800
|
25%
| |
|
$54,800 or more but less than $55,700
|
20%
| |
|
$55,700 or more but less than $56,600
|
15%
| |
|
$56,600 or more but less than $57,500
|
10%
| |
|
$57,500 or more but less than $58,400
|
5%
|
(4)
Any exemption provided by this section shall be computed
after all other partial exemptions allowed by law have been subtracted
from the total amount assessed.
(5)
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 by any municipal corporation solely
because of the death of the older spouse so long as the surviving
spouse is at least 62 years of age.
B.
No exemption shall be granted 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 device by or descent
from the deceased husband or wife, the time of ownership of the property
by the deceased husband or wife shall be deemed also 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, and further provided
that where a residence is sold and replaced with another within one
year and is in the same assessment unit, 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.
C.
No exemption shall be granted unless the property
is used exclusively for residential purposes; provided, however, that
in the event any portion of such property is not so used exclusively
for residential purposes but is used for other purposes, such portion
shall be subject to taxation and the remaining portion only shall
be entitled to the exemption provided by this section.
[Amended 2-20-1990 by L.L. No. 2-1990]
D.
No exemption shall be granted 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, provided that an owner
who is absent while receiving health-related care as an inpatient
of a residential health care facility, as defined in § 2801
of the Public Health Law, shall be deemed to remain a legal resident
and an occupant of the property while so confined, and income accruing
to that person shall be income only to the extent that it exceeds
the amount paid by such owner, spouse or co-owner for care in the
facility, and provided further, that during such confinement such
property is not occupied by other than the spouse or co-owner of such
owner.
[Amended 2-20-1990 by L.L. No. 2-1990]
E.
In accordance with § 467 of the New York
State Real Property Tax Law, exemptions may be granted to allow that
portion of a cooperative apartment corporation held by an otherwise
eligible senior citizen tenant/stockholder to be eligible for an exemption
from real property taxes. The Assessor of the Town of Greenburgh shall
determine the amount of exemption, based upon the proportion of the
outstanding stock held by the eligible shareholder and credited against
the taxes charged to the corporation. Eligible stockholders are required
to receive an adjustment to their monthly maintenance fees by the
cooperative apartment corporation to reflect the benefit of the exemption.
[Added 12-21-1998 by L.L. No. 2-1998; amended 11-21-2011 by L.L. No. 7-2011]
A.
Application for such exemption must be made annually
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
Greenburgh, and shall furnish the information and be executed in the
manner required or prescribed in such forms, and shall be filed in
the Assessor’s office at least 30 days before the day for filing
the final assessment roll.
[Amended 11-21-2011 by L.L. No. 7-2011]
B.
At least 60 days prior to the day for filing of the
final assessment roll, the Assessor shall mail to each person who
was granted exemption pursuant to this section on the latest completed
assessment roll an application form and a notice that such application
must be filed at least 30 days before the day for filing the final
assessment roll and be approved in order for the exemption to be granted.
Failure to mail any such application form and notice or the failure
of such person to receive the same shall not prevent the levy, collection
and enforcement of the payment of the taxes on property owned by such
person.
