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Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[Adopted 10-21-1985 by L.L. No. 5-1985]
A. 
If the ratio between the exemption for veterans granted under § 458 of the Real Property Tax Law and the total assessed value of the real property for which such exemption has been granted increases or decreases due only to a full value assessment in the Town of Amherst, the amount of the exemption heretofore or hereafter granted shall be increased or decreased in the same proportion as the total assessed value is increased or decreased.
B. 
Alternative veterans exemption.
[Added 5-19-1997 by L.L. No. 2-1997]
(1) 
The Town Board of the Town of Amherst finds that recent changes of § 458-a of the Real Property Tax Law of the State of New York would have the effect of reducing tax exemptions for veterans in the Town of Amherst and wishes to increase the amount of exemptions allowable to such veterans.
(2) 
In accordance with the authorization of Subparagraph (ii) of Paragraph (d) of Subdivision 2 of § 458-a of the Real Property Tax Law, the maximum exemptions allowed for Paragraphs (a), (b) and (c) of Subdivision 2 of § 458-a of such law are hereby fixed at $36,000, $24,000 and $120,000, respectively.
[Amended 4-24-2006 by L.L. No. 5-2006]
(3) 
A Gold Star Parent (i.e., a parent of a child who died in the line of duty while serving in the United States Armed Forces during a period of war) owning qualifying residential real property shall be eligible for exemption to the extent provided by § 458-a of the Real Property Tax Law, provided that the real property is used as the primary residence of the Gold Star Parent. Such qualifying residential real property shall be entitled to the maximum exemption allowed by Subsection B(2) above.
[Added 11-3-2003 by L.L. No. 13-2003; amended 4-24-2006 by L.L. No. 5-2006]
[Amended 2-5-2001 by L.L. No. 1-2001]
The exemption granted pursuant to this article shall be granted to real property for which an exemption has been granted pursuant to § 458 of the Real Property Tax Law on the assessment roll immediately preceding the change in level of assessment, provided that property is owned by the veteran or by another person eligible to receive such exemption, including a Gold Star Parent.
The adjustment provided for in § 175-15A shall be made by the Assessor in the manner provided in Paragraph 3 of Subdivision 1 of § 458 of the Real Property Tax Law. No application therefor need be filed by or on behalf of any owner of any eligible property.
This article shall take effect immediately.
[Added 4-28-2008 by L.L. No. 4-2008]
A. 
Exemption. The Town Board finds that the New York State Legislature has enacted § 458-b of the Real Property Tax Law. That section authorizes local governments to adopt a local law granting to qualifying Cold War veterans a real property tax exemption as authorized in § 458-b of the Real Property Tax Law. The Town Board hereby enacts this section in order to ensure the benefits of this property exemption to these qualifying veterans who served our county during the Cold War period as defined in § 458-b of the Real Property Tax Law. Any Cold War veteran so qualifying shall be eligible for the exemption upon filing with the Assessor a form prescribed by the Office of Real Property Services before the first appropriate taxable status date.
(1) 
The exemption provided by this section of the local law shall continue indefinitely and shall not expire so long as the real property to which it applies continues to meet the definition of "Qualified Residential Real Property."
[Added 2-5-2018 by L.L. No. 4-2018]
B. 
In accordance with the authorization of Paragraph 2(a) and 2(b) of § 458-b of the Real Property Tax Law the maximum exemptions allowed are as follows:
(1) 
For exemptions under § 458-b(2)(a): 10% of the assessed value of such property; provided however, that such exemptions shall not exceed $16,000 or the product of $16,000 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.
[Amended 4-26-2010 by L.L. No. 3-2010]
(2) 
For exemptions under § 458-b(2)(b): In addition to the exemption provided by Subsection B(1) above, Cold War veterans receiving a compensation rating for a service-related disability shall be entitled to an exemption to the extent of the product of the assessed value of the qualifying real property multiplied by 50% of the Cold War veteran's disability rating; provided, however, that the exemption shall not exceed $40,000, or the product of $40,000 multiplied by the latest equalization rate for the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less.