[Adopted 8-12-2008 by L.L. No. 6-2008]
The New York State Legislature enacted a new
section of the Real Property Tax Law, § 458-b, which permits
local governing boards to adopt a local law granting Cold War veteran
residential property owners an exemption from taxation. The Village
of Woodbury Board of Trustees has determined that such a local law
would be in the best interest of the Cold War veterans residing in
the Village. The enabling legislation enacted by the State Legislature
requires that localities must adopt a local law in order to afford
those veterans such exemption.
As used in this article, the following terms
shall have the meanings indicated:
A 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 for a
period of more than 365 days in the United States Armed Forces, during
the time period from September 2, 1945 to December 26, 1991, was discharged
or released therefrom under honorable conditions, and has been awarded
the Cold War recognition certificate as authorized under Public Law
105-85, the 1998 National Defense Authorization Act.
The latest final class ratio established by the State Board,
pursuant to Title I of Article XII of New York Real Property Tax Law,
for use in a special assessing unit as defined in Real Property Tax
Law § 1801.
The latest final equalization rate established by the State
Board pursuant to Article XII of the New York Real Property Tax Law.
A Cold War veteran, the spouse of a Cold War veteran, or
the unremarried surviving spouse of a deceased Cold War veteran. Where
the 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 may 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 by this article.
Such property shall be the primary residence 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 for
up to five years.
With respect to disability or death, that such disability
was incurred or aggravated in the line of duty on active military,
naval or air service.
A.
The Board of Trustees of the Village of Woodbury hereby
elects, pursuant to § 458-b of the Real Property Tax Law,
to grant the following exemption to Cold War veterans: 15% of the
assessed value of the property, to the extent that it 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.
B.
In addition to the exemption provided in Subsection A above, where a Cold War veteran has received a compensation rating from the United States Veterans Affairs or 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 the property multiplied by 50% of the Cold War veteran disability rating, to the extent that it does not exceed $40,000, or the product of $40,000 multiplied by the latest state equalization rate of the assessing unit, or in the case of a special assessing unit, the latest class ratio.
A.
This exemption from taxation is applicable to Village
taxes but not to those taxes levied for school purposes.
B.
If a Cold War veteran receives an exemption under
§ 458 or § 458-a of the New York Real Property
Tax Law, such veteran shall not be eligible to receive this exemption.
C.
The exemption provided for in § 277-19A shall be granted for a period of 10 years. Such 10 years 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 owns qualifying residential real property on the effective date of this article. Where a qualified owner does not own qualifying real property on the effective date of this article, the 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 the qualified real property, provided that the veteran applies for and is granted an exemption on such assessment roll. If the property is sold or replaced with other residential real property, the exemption may be granted for the unexpired portion of the remaining ten-year period.
