Town of Stanford, NY
Dutchess County
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[Adopted 12-8-1966]
[Amended 3-8-1984]
The purpose of this Article is to grant a partial exemption from Town taxation to the extent set forth in § 144-2B(2) of the assessed valuation of real property which is owned by certain persons with limited income who are 65 years of age or over meeting the requirements set forth in § 467 of the Real Property Tax Law.
Real property owned by one or more persons, each of whom is 65 years or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes, except special ad valorem levies or special assessments, to the extent set forth in § 144-2B(2) of the assessed valuation, subject to the following conditions:
A. 
The owner, or if there is more than one owner, then all of the owners, of the property must file an application annually in the Assessors office, in the Town of Stanford, on forms furnished by said Assessors' office, which forms shall furnish the information and be executed in the manner required or prescribed in such forms on or before the appropriate taxable status date.
[Amended 3-8-1984]
B. 
Percentage of exemption; maximum annual income range.
[Amended 3-16-1971; 12-20-1972; 4-10-1975; 9-10-1981; 3-8-1984; 11-14-1985; 4-12-1990 by Ord. No. 1-1990; 2-24-1992 by L.L. No. 1-1992; 3-11-1993 by L.L. No. 1-1993]
(1) 
The income of the owner or the combined income of the owners of the property must not exceed the income levels set forth in Subsection B(2) below for the income tax year immediately preceding the date of the filing for the application for exemption. "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 and wear and tear of real or personal property held for the production of income. If the husband or wife or ex-husband or ex-wife is absent from the property as provided in § 144-2E, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum.
(2) 
The percentage of exemption shall be based on the maximum annual income range specified herein as follows:
[Amended 5-12-2005 by L.L. No. 3-2005]
Annual Income Range
(combined, if applicable)
Percentage of Assessed Valuation Exempt From Taxation
$0 to $24,000
50%
More than $24,000, but less than $25,000
45%
More than $25,000, but less than $26,000
40%
More than $26,000, but less than $27,000
35%
More than $27,000, but less than $27,900
30%
More than $27,900, but less than $28,800
25%
More than $28,800, but less than $29,700
20%
More than $29,700, but less than $30,600
15%
More than $30,600, but less than $31,500
10%
More than $31,500, but less than $32,400
5%
$32,400 or more
0
C. 
The title of the property must be 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 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 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. 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. 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 both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of the exemption from taxation by a municipality within the state granting such exemption. Where the owner or owners transfer title to property which as of the date of transfer, was exempt from taxation under the provisions of this section, the reacquisition of title by such owner or owners within nine months of the date of transfer shall be deemed to satisfy the requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 24 consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which, as of the date of such death, was exempt from taxation under such provisions becomes vested, by virtue of devise or descent from the deceased owner or owners or by transfer by any other means within nine months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 24 consecutive months shall be deemed satisfied.
[Amended 2-24-1992 by L.L. No. 1-1992]
D. 
The property must be used exclusively for residential purposes; provided, however, that in the event that 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 2-24-1992 by L.L. No. 1-1992]
E. 
The real property must be the legal residence and be occupied in whole or in part by the owner or by all of the owners of the property, except where an owner is absent from the residence while receiving health-related care as an inpatient of a residential health-care facility as defined in § 2801 of the Public Health Law, provided that any 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 the 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; or the real property is owned by a husband and/or wife or an ex-husband and/or ex-wife and either is absent from the residence due to a divorce, legal separation or abandonment and all other provisions of this section are met, provided that where an exemption was previously granted when both resided on the property, then the person remaining on the real property shall be sixty-two years of age or older.
[Added 2-24-1992 by L.L. No. 1-1992; amended 3-11-1993 by L.L. No. 1-1993]
Any conviction of 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 exemption for a period of five years.