[Adopted 10-11-1977 by L.L. No. 7-1977 (Ch. 222, Art. II, of the 1981 Code)]
This article is enacted pursuant to the provisions of § 467 of the Real Property Tax Law, as the same may be amended from time to time, and as therein provided to enable persons 65 years of age or over to have partial exemption from real property taxation.
[Amended 12-6-1983 by L.L. No. 3-1983; 1-13-1987 by L.L. No. 2-1987; 11-13-1990 by L.L. No. 6-1990, 11-12-1991 by L.L. No. 6-1991; 10-11-2005 by L.L. No. 4-2005; 9-9-2014 by L.L. No. 2-2014]
Such exemption shall include the real property owned by one or more persons, each of whom is 65 years of age and over, which, once granted for a husband and wife, shall not be rescinded solely because of the death of the older spouse as long as the surviving spouse is at least 62 years of age, if the income of the owner or the combined income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 said exemption, as defined in §§ 467 and 467-d of the Real Property Tax Law, does not exceed $21,601 or the sum of the maximum income exemption eligibility level for the granting of partial exemption from real property taxation plus $8,399. Twenty-one thousand six hundred one dollars shall constitute the maximum income eligibility level (M) for the purposes of this article. This exemption shall include all increases in the maximum income exemption eligibility level calculated in accordance with the following schedule. The percentage of exemption will be based on a sliding scale as shown below:
Annual Income
Percentage of Assessed Valuation Exempt From Taxation
$21,601 or less
50%
$21,602 to 22,600
45%
$22,601 to 23,600
40%
$23,601 to 24,600
35%
$24,601 to 25,500
30%
$25,501 to 26,400
25%
$26,401 to 27,300
20%
$27,301 to 28,200
15%
$28,201 to 29,100
10%
$29,101 to 30,000
5%
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 $3,000 or such other sum not less than $3,000 nor more than $15,000. "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 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 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.
[Amended 9-10-1979 by L.L. No. 2-1979; 10-14-1980 by L.L. No. 2-1980, 10-12-1982 by L.L. No. 5-1982; 12-6-1983 by L.L. No. 3-1983; 11-12-1991 by L.L. No. 6-1991]
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 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, 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 by each such assessing unit or municipality; provided, however, that where the replacement property is in the same assessing unit but in another school district, the periods of ownership of both properties shall also be deemed consecutive for purposes of the exemption from taxation by such school district. 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 by a municipality within the state granting such 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 of 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 prescribed by the State Board, to be furnished by the appropriate assessing authority, 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 appropriate taxable status date.
At least 60 days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted exemption pursuant to this article on the latest completed assessment roll an application form and a notice that such application must be filed on or before the taxable status date 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.
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.
The Assessor and the Village Clerk shall prepare and have available forms for distribution to implement the provisions of § 467 of the Real Property Tax Law and shall give the notification required thereby to the area agency on aging or the state office on aging, as the case may be.
[Added 6-27-2017 by L.L. No. 7-2017]
Pursuant to the authority granted under Real Property Tax Law § 467, Subdivisions 8 and 8-a, a property owner's application for exemption made under RPTL § 467 may be filed with the Babylon Village Assessor after the taxable status date for the tax year to which said application relates, provided that the property owner files said application on or before the last day for paying said taxes without incurring interest and/or penalty for said tax year and complies with all other applicable requirements of RPTL § 467.