[Adopted 1-23-1984 by L.L. No. 1-1984]
[Amended 2-27-2017 by L.L. No. 2-2017]
Pursuant to § 467 of the Real Property Tax Law of the State of New York, real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, or by siblings, one of whom is 65 years of age or over, shall be exempt from taxation by the Town of Wheatfield, New York, to an extent of up to 50% of the assessed valuation thereof, subject to the following conditions: the exemption shall be based upon the income as described in § 467 of the Real Property Tax Law of the owner or the combined income of the owners of the property and shall be as follows:
Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, rental income, salary or earnings and income from self-employment, but shall not include gifts or inheritance.
No exemption shall be granted unless the title of the property shall have been 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; provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months; and provided, further, that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale, the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purposes of this section.
No exemption shall be granted unless the property is used exclusively for residential purposes.
No exemption shall be granted unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property.
The real property tax exemption on real property owned by husband and wife, one of whom is 65 years of age or over, once granted shall not be rescinded by any municipal corporation solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.