LL #02-2001Local Law Filin NEW YORK STATE DEPARTMENT OF STATE
g 162 WASHINGTON AVENUE, ALBANY, NY 12231
•n (Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
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ClIx of .......WA F.1XQ.ZK................................................
...........................................
Town
VANW
Local Law No.2.............................. of the years 20.0.1
A local law ....AMNUNG„ THE CODE OF THE TWON OF WAPPINGER TO INCREASE THE INCOME
....... ............... ...........
(Insert Title) ELIGIBILITY FOR PARTIAT� REAL*"" OPERTY"TALC*"EXEMPTI N
FOR PERSONS SIXTY—FIVE (65) YEARS OF AGE OR OLDER
Beit enacted by the .10.!^ N...BOARD..................................................................................................................of the
(Name of Legislative Body)
lily
cmof ........... W.AI?.F.1XQ.E?................................................................... ..............................................as follows:
Town
of ULUK
SEE ANNEXED TEXT
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
LOCAL LAW No. #2 OF THE YEAR 2001
A Local Law entitled "Local Law No. #2 of the Year 2001, Amending the Code of
the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax
Exemptions for Persons Sixty -Five (65) Years of Age or Older."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger Local Law No.
#2 of 2001, entitled "Local Law No. #2 of the Year 2001, Amending the Code of
the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax
Exemptions for Persons Sixty -Five (65) Years of Age or Older", which shall amend the
present Town Code fixing the income limitations for eligibility for real property tax
exemptions for senior citizens, as set forth below.
Section II: Legislative Intent:
Section 467 of the Real Property Tax Law has been amended to increase
the maximum income eligibility for partial real property tax exemptions for
persons sixty-five (65) years of age or older, specifically, from nineteen
thousand, five hundred dollars ($19,500.00) to twenty -thousand, five
hundred dollars ($20,500.00) and for additional partial exemptions
depending on income, provided the combined income is not greater than
twenty-eight thousand, eight hundred, and ninety-nine dollars and ninety-
nine cents ($28,899.99). The Town Board determines that it is in the best
interest of the citizens of the Town of Wappinger to increase the income
eligibility for this real property exemption as authorized by the most recent
amendments to Section 467 of the Real Property Tax Law.
Section III: Increase in Income Eligibility:
The Town of Wappinger Code §221-2.B is hereby amended to read as follows:
"Section 221-2.B: In order to be eligible for a 50% tax exemption, the
income of the owner or the combined income of the owners of the property
shall not and may not exceed the sum of $20,500 for the income tax year
immediately preceding the date of making the application for exemption.
i
The "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 preceding calendar year. Where title is vested in either the
husband or the wife, their combined income may not exceed such income.
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 off -set 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 the net income
from self-employment, but shall not include a return of capital, gifts or
inheritances, payments made to individuals because of their status as
victims of Nazi persecution, as defined in P.L. 103-286 or monies earned
through employment and federal foster grandparent program, and such
income shall be off -set by all medical and prescription drug expenses
actually paid which were not reimbursed or paid for by insurance. 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."
Section 221-2.0 of the Code of the Town of Wappinger is hereby
amended to read as follows:
Section 221-2.C: "If the income of an eligible property owner or the
combined income of the owners of the property exceeds the sum of twenty
thousand, five hundred ($20,500.00) dollars, in the income tax year
immediately preceding the date of making the application for tax exemption,
and is not greater than twenty-eight thousand eight hundred ninety-nine
dollars and 99 cents ($28,899.99), said owner shall be entitled to a partial
exemption as follows:
ANNUAL INCOME
Less than $20,500
$20,500.01 to $21,499.00
$21,500.01 to $22,499.00
$22,500.01 to $23,499.00
$23,500.01 to $23,399.00
$24,400.00 to $25,299.00
$25,300.00 to $26,199.00
$26,200.00 to $27,099.00
$27,100.00 to $27,999.00
$28,000.00 to $28,899.99
PERCENTAGE OF ASSESSED VALUATION
EXEMPT FROM TAXATION
50%
45%
40%
35%
30%
25%
20%
15%
10%
5% "
i
Section IV:
A New Section 221-2.H is hereby adopted to read as follows:
"Section 221-2.H: All persons who meet the eligibility requirements
as set forth in §467 of the Real Property Tax Law, as amended from
time to time hereafter, shall be eligible for such exemptions; the Town
Assessor shall utilize the criteria set forth in §467 of the Real Property
Tax to establish the maximum income limits permitted by said law."
Section V: Separability.
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity, or
unconstitutionality, or inapplicability, shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this local law or their
application to other persons or circumstances. It is hereby declared to be the legislative
intent of the Town Board of the Town of Wappinger that this Local Law would have
been adopted adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been
specifically exempt therefrom.
Section VI: Effective Date:
This Local Law shall take effect immediately upon filing as provided by the
Municipal Home Rule Law and shall be applied retroactively from January 1, 2001.
y (Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
I. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. #2 of)W 2001
of the )UM0MNt)(Town)(X� X of WAPPINGER was duly
TOWN BOARD y passed by the
on March 12 in accordance with the applicable provisions of law,
Name of Legislative Body -
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the Elective Chief and was deemed duly adopted on 19
Executive Officer _
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (Countv)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body)
on 19 and was (approved)(not disapproved)(repassed after
-
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer') -
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19—, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislon 19 and was (approved)(not disapproved)(repassed after
ative Body, -
disapproval) by the on 19 Such local law was subject to
Elective Chief Executive Officer' -
permissive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
Jaws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19_, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted 10
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph I , above.
Uleric'of the Uount a slat4v dy, Cit}, Town or Village Cler
or offic r signate y local legilsative body
GLORIA MORSE,, Town Clerk
If
(Seal) Date: jlr,> 1 �i j-? . 2001
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the co; rect text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
-,1, Y,4�
Signature
_ALBERT P. ROBERTS, ATTORNEY TO TOWN
Title �—
I
MW
(7A' --X of WAPPINGER
Town — -- --
Date:
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