[Adopted 1-26-1972 (Ch. 164, Art. II, of the 1989 Code)]
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,
one of whom is 65 years of age or over, shall be exempt from taxation
by the Village of Sloan to the extent of 50% of the assessed valuation
thereof.
No exemption shall be granted:
A.
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 exemption exceeds the sum of $12,500. "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 the 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.
B.
Unless the title of the property shall have been vested in the owner
or all of the owners of the property for at least 60 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 60 consecutive
months; provided, further, that, in the event of a transfer by either
a husband or wife to the other spouse of all or part of the title
to the property, the time of ownership of the property by the transferor
spouse shall be deemed also a time of ownership by the transferee
spouse, and such ownership shall be deemed continuous for the purposes
of computing such period of 60 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, and further
provided that, where a residence is sold and replaced with another
within one year and is in the same assessment unit, the period of
ownership of the former property shall be combined with 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.
C.
Unless the property is used exclusively for residential purposes.
D.
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.
Application for such exemption must be made by the owner or
all of the owners of the property, on forms prescribed by the Assessor
of the Town of Cheektowaga, and shall furnish the information and
be executed in the manner required or prescribed in such forms and
shall be filed in such Assessor's office at least 60 days before
the filing of the final assessment roll.
At least 60 days prior to the appropriate taxable status date,
the assessing authority shall mail to each person who was granted
exemption pursuant to this section on the latest completed assessment
roll an application form and a notice that such application must be
filed on or before the taxable status date and be approved in order
for the exemption to be granted. Failure to mail any such application
form and notice or the failure of such person to receive the same
shall not prevent the levy, collection and enforcement of the payment
of the taxes on property owned by such person.
[Amended 4-18-1989 by L.L. No. 1-1989]
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 $250 or by imprisonment for a term not to exceed 15
days, or both, and shall disqualify the applicant or applicants from
further exemption for a period of five years.
