Town of Colden, NY
Erie County
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[Adopted 9-14-1967]
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 meeting the requirements set forth in § 467 of the Real Property Tax Law.
[Amended 2-10-1972; 4-10-1975; 7-12-1979, 11-5-1980; 9-2-1982; 4-12-1990 by L.L. No. 1-1990]
Real property owned by persons 65 years of age or over shall be exempt from Town taxes to the extent of 50% of the assessed valuation subject to the following conditions:
A. 
The owner or all of the owners must file an application annually in the assessor's office pursuant to the requirements of § 467 of the New York State Real Property Tax Law. The necessary forms may be obtained from the Town Assessor. All the owners of the real property must be 65 years of age or over on the date the application is filed. The burden of proof is upon the applicants to show eligibility, and they may be required to obtain and submit copies of their latest federal and state income tax returns, social security statements, etc.
B. 
No exemption shall be granted if the income or combined incomes of the owners of the property for the income tax year immediately preceding the year of making the application for exemption exceeds the following income ranges, and the Assessor of the Town of Colden is directed to utilize the amount of $24,000 as the maximum amount for a full exemption of 50% as set forth in Real Property Tax Law § 467. The percentage of exemption shall be based on the maximum annual income ranges as follows:
[Amended 4-11-1991 by L.L. No. 1-1991; 6-8-1995 by L.L. No. 2-1995; 3-13-1997 by L.L. No. 2-1997; 4-13-2000 by L.L. No. 1-2000; 4-27-2005 by L.L. No. 1-2005; 11-15-2018 by L.L. No. 4-2018]
Maximum Annual Amount
Percentage
$0 to $27,000
50%
$27,001 to $27,999.99
45%
$28,000 to $28,999.99
40%
$29,000 to $29,999.99
35%
$30,000 to $30,899.99
30%
$30,900 to $31,799.99
25%
$31,800 to $32,699.99
20%
$32,700 to $33,599.99
15%
$33,600 to $34,499.99
10%
$34,500 to $35,399.99
5%
C. 
Title to the property must be vested in the owner or all of the owners of the property, pursuant to the requirements of § 467 of the New York State Real Property Tax Law, prior to the date of making application for exemption.
D. 
The property must be used exclusively for residential purposes, be occupied in whole or in part by the owners and constitute the legal residence of the owners. Upon determination by the Assessor that the requirements of the statute have been met, the exemption, to the extent as provided in Subsection B above, shall be allowed, provided that the property so qualifies. The exemption does not apply to special ad valorem levies or special assessments.
E. 
Any conviction of having made any willful false statement in the application for such exemption shall be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years.
F. 
Veterans disability compensation.
[Added 11-15-2018 by L.L. No. 4-2018]
(1) 
Maximum annual income exclusion. The veterans disability compensation from the United States Department of Veterans Affairs as defined in Title 38 of the United States Code for a veteran with service-connected disability shall be excluded from the calculation of income in the determination of the real property exemptions provided herein.
(2) 
Qualifications. The maximum income eligibility level exemption for persons 65 years of age or older has authorized by § 467 of the Real Property Tax Law as of the appropriate taxable status date and shall include an otherwise eligible owner who is 65 years of age or older on the date the application is filed. The burden of proof is upon the applicants to show eligibility as required by the assessor.