[Adopted 9-23-2008 by L.L. No. 2-2008[1]]
[1]
Editor's Note: This article also redesignated former Article VII, Residential Improvement Tax Incentive Program and Article VIII, Amendments, as Articles VIII and IX, respectively.
The general purpose of this article is to establish a real property tax exemption for Cold War veterans, provide exemption from taxation and to provide additional exemptions for service-connected disability or death, in accordance with NYS Real Property Tax Law, § 458-b (Chapter 50-A).
This article addresses perceived inequity by granting a partial real property tax exemption to Cold War veterans who served for more than one year of active duty in the United States Armed Forces between September 2, 1945, and December 26, 1991, and who were discharged or released under honorable conditions.
A. 
Fifteen percent of the assessed value of such property, provided such exemption does not exceed $12,000 or the product of $12,000 multiplied by the latest state equalization rate of the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less.
B. 
In addition to the exemption provided in Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $40,000 or the product of $40,000 multiplied by the latest state equalization rate for the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less.[1]
[1]
Editor's Note: Former Subsection C, which only permitted the Cold War veterans tax exemption for a period of 10 years, which immediately followed this subsection, was repealed 12-12-2017 by L.L. No. 3-2017.
If a Cold War veteran receives this exemption under § 458 or 458-a of the NYS Real Property Tax Law, the Cold War veteran shall not be eligible to receive this exemption.
As used in this article, the following terms shall have the meanings indicated:
ACTIVE DUTY
Full-time duty in the United States Armed Forces, other than active duty for training.
ARMED FORCES
The United States Army, Navy, Marine Corps, Air Force or Coast Guard.
COLD WAR VETERAN
A person, male or female, who served in active duty in the U.S. Aimed Forces between September 2, 1945, and December 26, 1991, and was honorably discharged or released from service.
LATEST CLASS RATIO
The latest final class ratio established by the State Board, pursuant to Title One of Article 12 of this chapter[1] for use in a special assessing unit, as defined in § 1801 of this chapter.[2]
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the State Board, pursuant to Article 12 of this chapter.[3]
QUALIFIED OWNER
A Cold War veteran, the spouse of a Cold War veteran or the unremarried surviving spouse of a deceased Cold War veteran. Where more than one qualified owner owns the property, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.
QUALIFIED RESIDENTIAL REAL PROPERTY
Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation, and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran; unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalized for up to five years.
SERVICE CONNECTED
With respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated in the line of duty on active military, naval or air service.
[1]
Editor's Note: This chapter refers to Chapter 50-A of the Consolidated Laws of New York.
[2]
Editor's Note: This chapter refers to Chapter 50-A of the Consolidated Laws of New York.
[3]
Editor's Note: This chapter refers to Chapter 50-A of the Consolidated Laws of New York.
The owner, or all of the owners, of the property on a form prescribed by the State Board shall make application for exemption. The owner or owners shall file the completed form in the Assessor's office on or before the first appropriate taxable status date. Where an exemption has been granted pursuant to § 458-b, based on the veteran's service-connected disability, the percentage of such disability must be recertified prior to taxable status date, if the disability increases or decreases. Any applicant convicted or willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the Penal law.
If any court of competent jurisdiction shall adjudge any clause, sentence or paragraph of this article to be invalid, such judgment, decree or order shall affect, impair or invalidate the remainder of the Local Law, which shall as to such remainder remain in effect.
This article shall take effect July 1, 2008, and shall apply to assessment rolls on the basis of taxable status dates occurring on or after such date.