LL #01-2004Local Law Filing NEW YORK STATE DEPARTMENT OF S TET'
41 STATE STREET, ALBANY, Ny 12231
(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.
Tof ----WaVpLager------------------------------------------------------------------------
Local Law No. ___________ #- 1 _____________________ of the year 20 -D.4 --
A local law ___enLixlesi__"LQc _Law No: _ of _ teh YEar _2004,_ Amending the Code of the
uN rur�� Q-- -------------------
___Tor�m_Q£_Ti�agp�7lg��C__1ro__�ncrease_ the_Income Eligibility for -Partial -Real
- ----- --------------------
__�inpe=t_g__Ta'c_Exeaagtztml_fq�C_es___Sinty-Five_(65)_Years _of_Age-or Older"
Be It enacted by the _________Tarvn_BQarA
(N—e o/LCSUZgd a Bdy)
aw of----WaPp�er--
Town -
TEXT COMLNCES ON NEXT PAGE
----------------------------------------
-------------------------------------- of the
----------------------------- as follows:
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) (1)
LOCAL LAW NO. ill OF THE YEAR 2004
A Local Law entitled "Local Law No. # 1 of the Year 2004, 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. i� 1
of 2004, entitled "Local Law No. -4-1_ of the Year 2004, 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 H: 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, from Twenty -One Thousand, Five Hundred
Dollars ($21,500.00) to Twenty -Four Thousand Dollars ($24,000.00) and for
additional partial exemptions depending on income, provided the combined income
is not greater than Thirty Two Thousand and Four Hundred. Dollars ($32,400.00).
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 $24,000 for the income tax year immediately preceding the
date of making the application for exemption. 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 Four Thousand
Dollars ($24,000.00), in the income tax year immediately preceding the date of
making the application for tax exemption, and is not greater than Thirty Two
Thousand, Four Hundred Dollars ($32,400.00), said owner shall be entitled to a
partial exemption as follows:
ANNUAL INCOME
$0 to $24,000.00
$24,001.00 to $25,000.00
$25,001.00 to $26,000.00
$26,001.00 to $27,000.00
$27,001.00 to $27,900.00
$28,901.00 to $28,800.00
$28,801.00 to $29,700.00
$29,701.00 to $30,600.00
$30,601.00 to $31,500.00
$31,500.00 to $32,400.00
PERCENTAGE OF ASSESSED VALUATION
EXEMPT FROM TAXATION
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%"
T
Section IV: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section V: Effective Date:
This Local Law shall take effect immediately upon filing as provided by the Municipal
Home Rule Law and shall be applied retroactively from January 1, 2004.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.___1_____________________________ of od14
of the _ ______ __ _ _____ was duly passed by the
( (Town)( of----Wapp�er---------------------------
ToMM-$oArA---------------------- on deb --2.3-------- 20 ____, 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. ___________________________________
( y)( ty)(T )� g) of 20 -__--
of the Count Ci own tlla a of ____________________ _____________________________________ was duly pass
----------------------------------------------- on __________________ 20 ___ ed by the
, and was (approve appr was (repassed after
(Name of Legislative Body)
disapproval) by the ----------------------------------------
(Elective Chief Executive Officers)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
- and was deemed duly adopted on __________________ 20----,
I hereby certify that the local law annexed hereto, designated as local law No- ------- _________
of the (County)(City)(Town)�Ilage) of ---- —------------------------------
- ------------------ of 20=-----
- was duly -passed by the
(Name of Legirlarive Body)
----------------------------------- ---------------------
----------------- on ------------------ 20---- , and -was (approved)(not approved)(repassed after
disapproval) by the _____________________________ On ------------------- 20 ----.Such local law was submitted
--------------------
(Elective ChiefExecative Officers)
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 __________________ 20L___ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ____________________________
of the (County)(City)(Town)(V- - --------------------------- was duly passed by the
llage) of ________________________________ _ __ _ ------ of 20______
--------------------------------------------------- --- on ------------------ 20----, and was ( apP roved)(not approved)(repassed after
(Name ofLrgislative Body)
disapproval) by the --------------------------------------------------
on ------------------ 20 , Such local law was subject to
(Elective Chief Executive Officers)
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20.___ , 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 chairperson 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 laws or ordinances.
(2),
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
the City of -- - - - - -
- - - --- - - --- having been submitted to referendum pursuant to the Of 20__
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majorityo
qualified electors of such city voting thereon at the (special)(general) election held on____________ _ Provisions of
became operative. -f the
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. _---------------------
of the County of -----------------------------------------------
of
- --- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20__--, pursuant to subdivisions S and 7 of section 33
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors o
cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered °f the
voting at said general election, became operative. f the as aunit
(If any other authorized form of final adoption has been followed, pleaSe Provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the ma
in-
dicated in paragraph 1-__--- that the same
P RPh----- ,above.
manner
(Seal)
Cl«k c
or odic
Glen
Date:
(Certitication to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney other authorized attorney of locality.)
y or
STATE OF NEV YORK
COUNTYOF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all pro er rocee
have been had or taken for the enactment of the local law anng;ed hereto. �, „ P P dings
Albert P. Roberts — Attorney to the Town
Title
=U ter
T of-leia{zpineer
WSW
Date:
(3)