[Adopted 3-20-1967]
[Amended 4-23-1990]
The purpose of this article is to grant a partial
exemption from taxation to the extent of 50% of the assessed valuation
of real property which is owned by certain persons with limited income
who are 65 years of age or over after the taxable status date, but
before December 31 of the calendar year, and who meet the requirements
set forth in § 467 of the Real Property Tax Law.
[Amended 11-2-1970; 5-7-1973; 1-20-1975; 7-18-1977; 7-2-1979; 10-6-1980; 1-17-1983; 11-21-1983; 4-20-1987; 2-26-1990; 4-23-1990]
Real property situate in the Town of West Seneca,
New York, and owned by one or more persons, each of whom is 65 years
of age or over after the taxable status date, but before December
31 of the calendar year, or real property owned by husband and wife,
one of whom is 65 years of age or over after the taxable status date,
but before December 31 of the calendar year, shall be exempt from
real property taxes of the Town of West Seneca to the extent of 50%
of the assessed valuation thereof, subject to the following conditions:
A.
Application for such exemption must be made by the
owner or all of the owners of the property on forms prescribed by
the State Board of Equalization and Assessment, to be furnished by
the Assessors' office, and shall furnish the information and be executed
in the manner required or prescribed in such forms and shall be filed
in such Assessors' office on or before the appropriate taxable status
date.
B.
The income of the owner or the combined income of
the owners of the property must not exceed the sum of $18,500 for
the income tax year immediately preceding the date of making application
for exemption. "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 calendar year. Where title
is vested in either the husband or wife, their combined income may
not exceed such sum. 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
gifts or inheritances.
[Amended 12-9-1996[1]]
[1]
Editor's Note: This amendment provided that
this increase applies to assessment rolls having taxable status on
or after January 1, 1997.
C.
Title to the property must be vested in the owner
or all of the owners of the property for at least 24 consecutive months
prior to the date of making application for exemption.
D.
The property must be used exclusively for residential
purposes and must be the legal residence of and be occupied in whole
or in part by the owner or by all of the owners of the property.
E.
The percentage of exemption shall be based on the
maximum annual income range as follows:
|
Income Range
|
Percentage of Exemption
|
|---|---|
|
$18,500 or less
|
50%
|
|
More than $18,500 but less than $19,500
|
45%
|
|
$19,500 or more but less than $20,500
|
40%
|
|
$20,500 or more but less than $21,500
|
35%
|
|
$21,500 or more but less than $22,400
|
30%
|
|
$22,400 or more but less than $23,300
|
25%
|
|
$23,300 or more but less than $24,200
|
20%
|
|
$24,200 or more but less than $25,100
|
15%
|
|
$25,100 or more but less than $26,000
|
10%
|
|
$26,000 or more but less than $26,900
|
5%
|
[2]
Editor's Note: This amendment provided that
this increase applies to assessment rolls having taxable status on
or after January 1, 1997.
