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HomeMy WebLinkAbout2023_2_14_Local_Law_No_1 Local Law No. 1 - 2023 This local law shall be known as the "Increase in the Income Levels for the Senior Citizen Tax Exemption and Persons with Disabilities and Limited Income Tax Exemption and Clarification that Co-Operative Apartments are Eligible for a Senior Citizen Tax Exemption" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: Partial exemptions from real estate taxes are granted to certain senior citizens and certain persons with disabilities based upon their income. Apartments in co-operative corporations are considered "real property"for tax exemption purposes. While the article in the Town Code that grants a partial tax exemption to persons with disabilities articulates clearly that apartments in co-operative corporations are considered "real property" for tax exemption purposes, the article granting the senior citizen tax exemption does not. This local law amends section 195-6 A. of the Town Code to clarify that co-operative corporations are considered "real property" for the purpose of the senior citizen tax exemption. Periodically the State increases the income limits for persons who qualify for those exemptions. It did so again in 2022. This local law adopts the newly increased income limits by amending Town Code sections 195-6 B. and C. (with respect to senior citizen exemptions) and section 195-36 (with respect to exemptions for persons with disabilities). Finally,section 195-6 F.of the Town Code contains the limits on income for partial exemptions from real estate taxes levied by the County of Westchester. There is no reason for the Town Code to contain regulations regarding exemptions from County real estate taxes, especially since section 195-6 F. is now out of date because the County has changed the income levels for its partial exemption. The final purpose of this local law is to repeal section 195-6 F. Section 2-Amendment of a current section of the Mamaroneck Code: Section 195-6 A of the Code of the Town of Mamaroneck hereby is amended to provide as follows: The owner or all of the owners must file an application annually in the Assessor's office of the Town. For the purpose of this section, "real property" includes apartments in co-operative corporations and the tenant-stockholders thereof are eligible to apply for a partial tax exemption under section 195-6. Applications must be filed in the Assessor's office on or before the taxable status date of the Town assessment roll, which is May 1 of each calendar year. Notwithstanding the preceding sentence, the last date for filing such application in 2020 shall be June 16, 2020. Section 3-Amendment of a current section of the Mamaroneck Code: Section 195-6 B of the Code of the Town of Mamaroneck hereby is amended by substituting "$50,000" for "$26,000" therein. Section 4-Amendment of a current section of the Mamaroneck Code: Section 195-6 C of the Code of the Town of Mamaroneck hereby is amended by adding the following new section 195-6 C (5): § 195-6. Exemption granted; conditions C. The owner or all the owners of real property located in the Town who are 65 years of age or older and whose income or combined income from all sources for said twelve-month period exceeded the maximum amount set forth in Subsection B of this section by less than$8,400 shall be eligible to apply for a partial exemption as set forth in the following table: (5) For the period commencing June 1, 2023: Annual Income Percentage of Assessed Value Exempt from Taxation $0 to$50,000.00 50% $50,000.01 to$50,999.99 45% $51,000.00 to$51,999.99 40% $52,000.00 to$52,999.99 35% $53,000.00 to$53,899.99 30% $53,900.00 to$54,799.99 25% $54,800.00 to$55,699.99 20% $55,700.00 to$56,599.99 15% $56,600.00 to$57,499.99 10% $57,500.00 to$58,399.99 5% Section 5-Amendment of a current section of the Mamaroneck Code: Section 195-36 of the Code of the Town of Mamaroneck hereby is amended by adding the following new section 195-36 E: § 195-36 Exemption granted Real property that is owned by a person with a disability, or is owned by two or more persons,each of whom has a disability,or is owned by a married couple,one of whom has a disability,or is owned by siblings at least one of whom has a disability shall be exempt from taxation by the Town of Mamaroneck to the extent set forth in the following table, provided (a) the income of the disabled person is limited by reason of the persons disability and (b) an application for such exemption is made in accordance with the provisions of this article: E. For the period commencing June 1, 2023: Annual Income Percentage of Assessed Value Exempt from Taxation $0 to$50,000.00 50% $50,000.01 to$50,999.99 45% $51,000.00 to$51,999.99 40% $52,000.00 to$52,999.99 35% $53,000.00 to$53,899.99 30% $53,900.00 to$54,799.99 25% $54,800.00 to$55,699.99 20% $55,700.00 to$56,599.99 15% $56,600.00 to$57,499.99 10% $57,500.00 to$58,399.99 5% Section 6-Repeal of a current section of the Mamaroneck Code: Section 195-6 F of the Code of the Town of Mamaroneck hereby is repealed. Section 7—Reaffirmation of sections of the Mamaroneck Code: Except as amended hereby, sections 195-6 and 195-36 of the Code of the Town of Mamaroneck, as they exist on this date shall remain in full force and effect. Section 8-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 9-Effective Date: This Local Law shall become effective upon filing with the Secretary of State.