A local law entitled, “Amendment to Village Code Regarding Real Property Exemption”.

Be it enacted by the Board of Trustees of the Incorporated Village of Huntington Bay as follows:

The Code of the Village of Huntington Bay is hereby amended to revise Chapter 80 to read as follows:

Chapter 80
TAXATION
ARTICLE II

Real Property Exemption

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[Note:  §80-19 shall be amended to add the following text.]

§ 80-19.           Partial exemption for senior citizens. [Added 12-9-1968; amended 11-8-1970] 

Real property owned by one (1) or more persons, each of whom is sixty-five (65)  years of age or over, or real property owned by husband and wife, or siblings (two or more individuals having at least one common parent) , one (1) of whom is sixty-five (65) years of age or over, shall be eligible for exemption from taxation by the Village of Huntington Bay to the extent of fifty per cent (50%) of the assessed valuation thereof.

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[Note:  § 80-20 shall be amended to add the following text.]

§ 80-20.  Requirements for exemption.  [Added 12-9-1968; amended 12-11-1972; 1-13-1975; 8-8-1977]

No exemption shall be granted:

A.  If the income of the owner or the combined income of the owners of the property exceeds the sum of twenty-seven thousand dollars ($27,000.00) for the calendar year immediately preceding the date of an application for exemption.  Where title is vested in either a husband or wife, or two siblings, their combined income may not exceed such sum.  Such income shall include social security payments, salary and wages (including bonuses), interest (including nontaxable interest on state or local bonds), total dividends, net earning from farming, rentals, business or profession(including amounts claimed as depreciation for income tax purposes), income from estates or trusts, gains from sales or exchanges, the total amount received from governmental or private retirement or pension plans, annuity payments(excluding amounts representing a return of capital), alimony, unemployment insurance payments, disability payments and workers compensation.

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 twelve (12) months prior to the date of making application for exemption.
           
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.

E.  Unless, upon yearly application for exemption, the qualifying owner submits the requisite proof of qualification together with their annual tax return (or if such owner is not required to file a tax return, an affidavit in lieu thereof attesting to the amount of their annual income)  as proof of qualification by March 1 of such year, as per paragraph (A) above.

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Severability.

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Effective Date.

This Local Law shall take effect immediately upon filing in the Office of the Secretary of State of New York.