LL #02-1980M
1977.
TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW NO.2, YEAR 1980
A Local Law amending Local Law No. 1 of 1967 and Local Law No. 5 of
BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
1. Section 2 of Local Law No. 1 of 1967 and Section 2 of Local
Law No. 5 of 1977 are hereby amended to read as follows:
2. Real property owned by one or more persons, each of whom is
sixty-five (65) years of age or over, or real property owned by husband
and wife, one of whom is sixty-five (65) years of age or over, shall be
exempt from town taxes to the extent of fifty (50'/) percentum of the
assessed valuation thereof, subject to the following conditions:
(a) The owner or all of the owners of such real property
must file an application on forms provided by the State Board of Equali-
zation and Assessment in the assessor's office on or before the first of
May of each year or at such date as may be hereafter fixed by law.
(b) The income of the owner or the combined income of the
owners of the property shall not and may not exceed the sum of Eight
Thousand (08,000.00) dollars for the income tax year immediately pre-
ceding 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 federalpersonal income tax return, or if no such return is filed, the pre-
ceding 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, net
rental income, salary or earnings, and net income from self-employment, but
shall not include a return of capital gifts or inheritances. Rental income
and self-employment shall not be reduced by an allowance for depreciation.
(c) The title to such real property shall have been vested
in the owner or all owners of such real property for at least twenty-four
(24) consecutive months prior to the date of making application for exemptaon.*
purposes.
(d) The real property sah11 be used exclusively for residential
(e) The real property shall be the legal residence of and
shall be occupied in whole or in part by the owner or by all of the owners
of the same.
(f) Applications for such exemptions shall be made by the
owner, or all of the owners of the property, upon forms prescribed by the
State Board of Equalization and Assessment to be furnished by the assessing
authority, and applicants shall furnish such information and shall execute
the application in the manner prescribed in such forms. Such application
must be filed with the assessor on or before the first day of May of each
year or such other date as may be hereafter filed by law.
*Notwithstanding any other provision of law, 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 con-
secutive for purposes of the exemption from taxation by a municipality
within the state granting such exemption.
2. This Local Law shall take effect immediately upon adoption,
and as prescribed bh the Municipal Home Rule Law.
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