Town of Cheektowaga
Erie County, NY

Resolution
RES-2017-435

Adopt Local Law No. 3 of the Year 2017 - A Local Law Relating to a Tax Exemption for Reconstructed, Altered or Improved 1, 2 & 3 Family Residences

Information

Department:Town AttorneySponsors:Supervisor Diane Benczkowski, Councilmember Linda Hammer
Category:Adoption/DecisionFunctions:Taxes

Body

              WHEREAS, Chapter 220 of the Code of the Town of Cheektowaga presently permits certain Persons with Disabilities, certain Senior Citizens, certain Veterans, certain Converted Condominiums and certain Cold War veterans to obtain partial tax exemptions and exclusions from real property they own in the Town of Cheektowaga, and

              WHEREAS, the New York Legislature enacted Section 421-f of the Real Property Tax Law to authorize an exemption from taxation and special ad valorem levies under certain conditions to owners of 1, 2 or 3 family residential buildings reconstructed, altered or improved, and

              WHEREAS, this Board feels that owners of such residential properties deserve to have such exemptions on their Town taxes, and

              WHEREAS, the Town Attorney’s Office has drafted a local law to permit such an exemption from Town taxes, and

 

              WHEREAS, in accordance with the provisions of the Town Law/Municipal Home Rule Law of the State of New York, a public hearing was held on the 27th day of June, 2017 at 7:00 P.M. at a meeting of the Town Board at the Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York; at which hearing all interested parties were given an opportunity to be heard as to whether Local Law Intro No. 2017-6 of the Year 2017, entitled “A Local Law to Adopt a Tax Exemption for Reconstructed, Altered or Improved 1, 2 & 3 Family Residences", and

 

              WHEREAS, it is in the public interest to adopt said local law, NOW, THEREFORE, BE IT

 

RESOLVED, that Local Law No. 3 of the Year 2017 entitled "A Local Law to Adopt a Tax Exemption for Reconstructed, Altered or Improved 1, 2 & 3 Family Residences” which is attached hereto and made a part hereof, be and the same is hereby enacted, and BE IT FURTHER

 

RESOLVED, that Local Law No. 3 of the Year 2017 shall be effective immediately upon filing with the Secretary of State, and BE IT FURTHER

 

RESOLVED, that the Town Clerk shall file one (1) certified copy of this local law in her office, one (1) certified copy with the Secretary of State and one (1) certified copy with the New York State Office of Taxation and Finance.

 

Local Law No. 3 of the Year 2017

A Local Law to Adopt a Tax Exemption for Reconstructed, Altered or Improved 1, 2 or 3 Family Residences

              This law authorizes a partial exemption from real property taxation of the increase in assessed value attributable to reconstruction, alterations or improvements made to residential property, as follows:

1.              The property for which exemption is sought must be a one, two or three family residence;

2.              The greater portion of the residence (as measured by square footage) after the capital improvement must be at least five years old;

3.              The capital improvement must be commenced after the date this local law is enacted;

4.              Unless limited by local law, the exemption applies to reconstruction, alterations or improvements; it does not apply to ordinary maintenance or repairs;

5.              The value of such reconstruction, alteration or improvement must exceed the sum of $10,000.00; and

6.              A qualified reconstruction, alteration or improvement shall have increased the assessed value of the real property by at least $10,000.00, with a maximum permitted exemption not to exceed $150,000.00.

7.              This local law shall take effect immediately upon filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

 

 

Meeting History

Jul 25, 2017 7:00 PM  Board Regular Meeting

Motion by Supervisor Benczkowski, Seconded by Councilmember Rogowski to table item. Motion Carried.

RESULT:TABLED [UNANIMOUS]Next: 8/8/2017 7:00 PM
MOVER:Diane Benczkowski, Supervisor
SECONDER:Linda Hammer, Councilmember
AYES:Diane Benczkowski, James P. Rogowski, Gerald Kaminski, Timothy J. Meyers, Christine Adamczyk, Linda Hammer, Alice Magierski
Aug 8, 2017 7:00 PM  Board Regular Meeting
RESULT:ADOPTED [UNANIMOUS]
MOVER:Diane Benczkowski, Supervisor
SECONDER:Linda Hammer, Councilmember
AYES:Diane Benczkowski, James P. Rogowski, Gerald Kaminski, Timothy J. Meyers, Linda Hammer, Alice Magierski
EXCUSED:Christine Adamczyk

Discussion