Pursuant to the authority granted by § 467 of the
Real Property Tax Law, real property in the Town of Mendon, County
of Monroe, owned by one or more persons, each of whom is 65 years
of age or over, shall be exempt from taxation by the Town of Mendon
to the extent of 50% of the assessment valuation thereof.
[Amended 10-9-1982; 2-26-1984; 11-27-1989; 10-9-1990; 12-9-1991; 12-28-1992]
No exemption shall be granted:
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 $26,000, except
that if the aforesaid income is more than $26,000, then such real
property shall be exempt to the extent provided in the following schedule:
[Amended 11-28-1994 by L.L. No. 7-1994; 2-12-1996 by L.L. No.
1-1996; 10-28-1996 by L.L. No. 6-1996; 2-8-1999 by L.L. No.
2-1999; 3-26-2001 by L.L. No. 4-2001; 1-27-2003 by L.L. No.
1-2003; 2-23-2004 by L.L. No. 1-2004; 2-26-2007 by L.L. No.
2-2007; 10-15-2007 by L.L. No. 8-2007]
(1) Exemption schedule.
Annual Income
|
Percentage of Assessed Valuation Exempt From Taxation
|
---|
Less than $26,000
|
50%
|
Equals $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 $29,900
|
30%
|
$29,900 or more but less than $30,800
|
25%
|
$30,800 or more but less than $31,700
|
20%
|
$31,700 or more but less than $32,600
|
15%
|
$32,600 or more but less than $33,500
|
10%
|
$33,500 or more but less than $34,400
|
5%
|
(2) The eligible income levels will then increase $1,000 annually through
2009, such that in 2009 there will be a 50% exemption for incomes
up to $29,000 and a graduated reduction in exemption for incomes more
than $29,000 but less than $37,400.
(3) Income shall be offset by all medical and prescription drug expenses
actually paid which were not reimbursed or paid by insurance and long-term
care insurance premiums actually paid by the owner.
(4) Such income shall not include the proceeds of a reverse mortgage,
as authorized by § 6-h of the Banking Law, and §§ 280
and 280-a of the Real Property Law; provided, however, that monies
used to repay a reverse mortgage may not be deducted from income,
and provided additionally that any interest or dividends realized
from the investment of reverse mortgage proceeds shall be considered
income.
[Added 10-15-2018 by L.L.
No. 3-2018]
(5) The provisions of this subsection notwithstanding, such income shall
not include veterans disability compensation, as defined in Title
38 of the United States Code.
[Added 10-15-2018 by L.L.
No. 3-2018]
B. Unless the title of the property shall have been vested in the owner
or all of the owners of the property for at least 60 consecutive months
prior to the date of making application for exemption.
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 the owners of the property.
Application for such exemption must be made by the owner, or
all of the owners of the property, on forms to be furnished by the
Town Assessor's office 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 at least 90 days before the date for filing
the final assessment roll.
Any conviction of having made any willful false statement in
the application for such exemption shall be punishable by fine of
not more than $100 and shall disqualify the applicant or applicants
from further exemption for a period of five years.
Such exemption shall be applicable for the assessment roll occurring
after January 1, 1993, and subsequent rolls, provided that any eligible
person may apply for the exemption after the effective date of this
article.
[Added 2-25-1986 by L.L. No. 1-1986; amended 11-28-1994 by L.L. No.
7-1994]
In the event that the owner or all of the owners of real property
which has received an exemption pursuant to § 467 of the
Real Property Tax Law on the next preceding assessment roll failed
to file an application for an exemption as required pursuant to said
§ 467 of the Real Property Tax Law on or before the taxable
status date, such owner or owners may file the application, executed
as if such application had been filed on or before the taxable status
date, with the Assessor of the Town of Mendon on or before the date
of the hearing of complaints. Upon said owner or owners' filing an
application for renewal of tax exemption on or before the date for
the hearing of complaints as aforesaid, the Assessor is authorized
to accept that application.
[Amended 2-12-1990]
A person who turns 65 anytime during the calendar year shall
be eligible to file for such exemption on the Town tax by March 1
each year.
[Amended 12-28-1992]
The time allowed for filing by first-time applicants for partial
exemption for real property tax shall be extended beyond the regular
taxable status date, currently March 1, to the annual date of Grievance
Day, currently the fourth Tuesday in May, provided that such applicant
has an allowable and verified medical hardship which prevented the
applicant from filing by the taxable status date. This amendment shall
be effective on the assessment rolls after January 1, 1993.