§ 65-3. Conditions., Article I. Real Property Exemption for Persons Over Sixty-Five, Chapter 65. Taxation, Code of Ordinances, Brookhaven

Unless the owner(s) have held an exemption pursuant to § 467 of the Real Property Tax Law for a previous residence, or unless prior to the date of making application for the exemption, the title of the property has been vested in the owner or one of the owners of at least 24 consecutive months as set forth in Subsection 3(b) of § 467 of the Real Property Tax Law.

If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for the exemption exceeds $27,900. "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 return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum, except where the husband or wife, or ex-husband or ex-wife, is absent from the property as provided in Subsection 3(d) of § 467 of the Real Property Tax Law, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings and income from self-employment and total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, but shall not include a return of capital, gifts, inheritances, or monies earned through employment in the Federal Foster Grandparent Program. 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.

[Amended 2-22-1996 by L.L. No. 4-1996, effective 3-4-1996; 10-1-1996 by L.L. No. 26-1996, effective 10-8-1996; 7-13-1999 by L.L. No. 8-1999, effective 7-19-1999]

Unless the property is used exclusively for residential purposes, provided, however, that in the event any portion of such property is not so used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this article.

Unless the real property is the legal residence of and is occupied in whole or in part by all of the owners of the property except as provided in Subsection 3(d) of § 467 of the Real Property Tax Law.