§ 179-1. Partial tax
exemption for certain persons over 65 years of age.
Real
property in the Village of New York Mills 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 to the extent of 50% of the assessed valuation thereof.
§ 179-2. Limitations on
exemption.
No
exemptions shall be granted:
A. If
the income of the owner or the combined income of the owners of the property
exceeds the sum of $10,000 for the income tax year immediately preceding the
date of making application for exemption. Income tax year shall mean a
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, wear and tear of real or personal property held for the production
of income.
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 12 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, 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. Unless
the property is used exclusively for residential purposes.
D. Unless
the 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.
§ 179-3. Notice of
eligibility.
The Village
shall notify or cause to be notified each person owning residential real
property in the Village of the provisions of this article. The provisions of
this section may be met by a notice or legend sent on or with each tax bill to
such persons reading "You may be eligible for senior citizen tax
exemptions. For information please call or write . . . ," followed by the
name, telephone number and/or address of the person or department selected by
the Village to explain the provisions of this article. Failure to notify, or
cause to be notified any person who is in fact eligible to receive the
exemption provided by this article 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.
§ 179-4. Annual
application required.
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 Village
Assessor's office and shall be filed in the Assessor's office on or before the
taxable status date of the Village.
§ 179-5. Notice to
applicants.
At least 60
days prior to the appropriate taxable status date, the Village 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 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.
§ 179-6. Penalties for
offenses; forfeiture.
Any
conviction of having made any willful false statements 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.
