[Adopted 5-19-1971 as L.L. No. 1-1971]
[Amended 11-2-1983 by L.L. No. 9-1983; 3-4-1987 by L.L. No. 1-1987; 5-1-1996 by L.L. No. 3-1996]
Pursuant to § 467 of the Real Property
Tax Law, 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, or by siblings, one of whom is 65 years of age or over, shall
be exempt from taxation by the City of Rye to the extent permitted
by the schedule of exemptions contained in § 467 of the
Real Property Tax Law. In addition, persons meeting the above-described
age requirements who own shares in a residential cooperative corporation
shall be exempt from taxation by the City of Rye to the extent permitted
and pursuant to the terms of Subsection 3(a) of § 467 of
the Real Property Tax Law.
[Amended 5-2-1973 by L.L. No. 1-1973; 11-20-1974 by L.L. No. 1-1974; 11-16-1977 by L.L. No.
7-1977; 9-19-1979 by L.L. No. 3-1979; 12-3-1980 by L.L. No. 10-1980; 4-6-1983 by L.L. No. 2-1983; 11-2-1983 by L.L. No. 9-1983; 3-4-1987 by L.L. No. 1-1987; 4-4-1990 by L.L. No. 8-1990; 5-1-1996 by L.L. No. 3-1996]
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
maximum sum permitted by the schedule of exemptions contained in § 467
of the Real Property Tax Law. Where title is vested in either the
husband or 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 or a capital asset
which may be offset by a loss from the sale or exchange or 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 supplemental
security income, a return of capital, gifts or inheritances.
B.
Unless the owner shall have held an exemption under
this section for his previous residence and unless the title of the
property shall have been vested in the owner or one of the owners
of the property for at least 12 consecutive months prior to the date
of making application for exemption. 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.
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.
[Amended 4-29-2020 by L.L. No. 5-2020]
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 and furnished by the City Assessor's office, and
shall furnish the information and be executed in the manner required
or prescribed in such forms, and shall be filed each year in the City
Assessor's office on or before the taxable status date, namely, the
first day of May. Notwithstanding the preceding sentence, the last
date for filing such application in 2020 shall be June 16, 2020.
At least 60 days prior to the taxable status
date, the City Assessor 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 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.
