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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. M n