Town of Clarence, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 11-5-2008 by L.L. No. 3-2008[1]]
[1]
Editor's Note: This local law was originally adopted as Art. IIA but was redesignated to maintain the organizational structure of the Code. For the veterans exemption, see Art. II in this chapter.
To amend Chapter 199 of the Code of the Town of Clarence, adding Article VI, Cold War Veterans Exemption, providing for a partial exemption from general municipal taxes on the primary residence of a veteran of the United Sates Armed Forces who served during the Cold War.
This article is adopted pursuant to New York Municipal Home Rule Law Section 10 and Real Property Tax Law Section 458-b.
The words and terms used in this article shall have the same meanings as in New York Real Property Tax Law Section 458-b.
This article shall be titled "Cold War Veterans Exemption."
Article VI of Chapter 199 of the Code of the Town of Clarence shall provide the following in accordance with Section 458-a of the New York State Real Property Tax Law:
A. 
Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall 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 special assessing unit, the latest class ratio, whichever is less.
B. 
In addition to the exemption provided by Subsection A of Article VI of this chapter, where the Cold War veteran received a compensation rating from the United States 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 special assessing unit, the latest class ratio, whichever is less.
C. 
Limitations.
(1) 
The exemption from taxation provided by this article shall not be applicable to real property taxes levied or relieved for school purposes.
(2) 
If the Cold War veteran receives the eligible funds veterans exemption pursuant to Section 458 of the Real Property Tax Law or the alternative veterans exemption pursuant to Section 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption provided by this article.
(3) 
The exemption provided in § 199-21 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," as that term is defined in § 199-19 of this article. Property ceasing to meet the definition of "qualified residential real property" will lose the exemption provided by Subsection A of § 199-21 of this article beginning with the next assessment roll that is prepared after the property no longer meets the definition of "qualified residential real property."
[Amended 3-14-2018 by L.L. No. 2-2018]
(4) 
Application for the exemption shall be made by the owners, or all of the owners, of the property on a form prescribed by the State Board of Real Property Services. 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 statement in the application for such exemption shall be subject to penalties prescribed in the Penal Law.