[Adopted 8-18-2008 by L.L. No. 3-2008]
The Village Board of the Village of Perry, pursuant
to the authority granted it by § 458-b of the Real Property
Tax Law of the State of New York, hereby enacts said article as follows.
The purpose of this article is to allow a limited
exemption from real property taxes for residential real property owned
by veterans who rendered military service to the United States during
the Cold War.
As used in this article, the following terms
shall have the meanings indicated:
Full-time duty in the United States Armed Forces, other than
active duty for training.
The United States Army, Navy, Marine Corps, Air Force and
Coast Guard.
A person, male or female, who served on active duty in the
United States Armed Forces during a period from September 2, 1945,
to December 26, 1991, and was discharged or released therefrom under
honorable conditions.
The latest final equalization rate established by the State
Board pursuant to Article 12 of the Real Property Tax Law.
A Cold War veteran, the spouse of a Cold War veteran, for
the unremarried surviving spouse of a deceased Cold War veteran. Where
property is owned by more than one qualified owner, the exemption
to which each is entitled may be combined. Where a veteran is also
the unremarried surviving spouse of a veteran, such person any also
receive any exemption to which the deceased spouse was entitled.
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 for in this article.
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 institutionalization.
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.
Pursuant to the provisions of Chapter 655 of
the 2007 Laws of the State of New York, amending the Real Property
Tax Law of the State of New York, the maximum veterans exemption from
real property taxes allowable pursuant to § 458-b of the
Real Property Tax Law is established as follows:
A.Â
Qualifying residential real property shall be exempt
from taxation to the extent of 10% of the assessed value of such property;
provided, however, that such exemption shall not exceed the lesser
of $4,000 or the product of $4,000 multiplied by the latest state
equalization rate for the Village of Perry.
B.Â
In addition to the exemption provided in Subsection A, 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 $20,000 or the product of $20,000 multiplied by the latest state equalization rate for the Village of Perry, whichever is less.
A.Â
If the Cold War Veteran received the exemption under
any other section of the Real Property Tax Law that provides for veterans
exemption, the Cold War Veteran shall not be eligible to receive the
exemption under this article.
B.Â
The exemption provided by under this article shall
be granted for a period of 10 years. Where a qualified owner owns
qualifying residential property on the effective date of this article,
such ten-year period shall be measured from the assessment roll prepared
pursuant to the first taxable status date occurring on or after the
effective date of this article. Where a qualified owner does not own
qualifying residential real property of the effective date of this
article, such ten-year period shall be measured from the assessment
roll prepared pursuant to the first taxable status date occurring
at least 60 days after the date of purchase of qualifying residential
real property; provided, however, that should the veteran apply for
and be granted an exemption on the assessment roll prepared pursuant
to a taxable status date occurring within 60 days after the date of
purchase of residential real property, such ten-year period shall
be measured from the first assessment roll in which the exemption
occurs. If before the expiration of such ten-year period, such exempt
property is sold and replaced with other residential real property,
such exemption may be granted pursuant to this subsection for the
unexpired portion of the ten-year exemption period.
C.Â
Application of exemption shall be made by the owner
or all of the owners of the property on a form prescribed by the State
Board. The owner or owners shall file the completed form in the Assessor's
office on or before the first appropriate taxable status date. The
exemption shall continue in full force and effect for all appropriate
subsequent tax years and the owner or owners of the property shall
not be required to refile each year. Applicants shall be required
to refile on or before the appropriate taxable status date if the
percentage of disability percentage increases or decreases or may
refile if other changes have occurred which affect qualification for
an increased or decreased amount of exemption. Any applicant convicted
of willfully making any false statements in the application for such
exemption shall be subject to the penalties prescribed in the Penal
Law.
