[Adopted 2-23-2018 by L.L. No. 2-2018[1]]
[1]
Editor's Note: This local law also superseded former Art.
IX, Cold War Veterans' Exemption, adopted 11-26-2007 by L.L. No. 8-2006.
Section 458-b of the Real Property Tax Law authorizes the Town
to adopt a local law granting a partial tax exemption for Cold War
veterans.
As used in this article:
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 United States Army, Navy, Marine Corps, Air Force, and
Coast Guard.
Full-time duty in the United States Armed Forces, other than
active duty for training.
The latest final state equalization rate or special equalization
rate established by the Commissioner pursuant to Article 12 of the
Real Property Tax Law. The Commissioner shall establish a special
equalization rate if it finds that there has been a material change
in the level of assessment since the establishment of the latest state
equalization rate, but in no event shall such special equalization
rate exceed 100. In the event that the state equalization rate exceeds
100, then the state equalization rate shall be 100 for the purposes
of this article. Where a special equalization rate is established
for purposes of this article, the Assessor is directed and authorized
to recompute the Cold War veterans exemption on the assessment roll
by applying such special equalization rate instead of the state equalization
rate applied in the previous year and to make the appropriate corrections
on the assessment roll, notwithstanding the fact that such Assessor
may receive the special equalization rate after the completion, verification
and filing of such final assessment roll. In the event that the Assessor
does not have custody of the roll when such recomputation is accomplished,
the Assessor shall certify such recomputation to the local officers
having custody and control of such roll, and such local officers are
hereby directed and authorized to enter the computed Cold War veterans
exemption certified by the Assessor on such roll.
The latest final class ratio established by the Commissioner
pursuant to Title 1 of Article 12 of the Real Property Tax Law for
use in a special assessing unit as defined in § 1801 of
the 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
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 the exemption provided by 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 for up to five years.
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 line of duty on active military, naval
or air service.
A.
Qualifying residential real property shall be exempt from taxation
to the extent of either:
(1)
Ten percent of the assessed value of such property; provided however,
that such exemption shall not exceed $8,000 or the product of $8,000
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 or;
(2)
Fifteen percent 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 for 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 by Subsection A of this section, 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.
C.
If a Cold War veteran received the exemption under § 458
or § 458-a of the Real Property Tax Law, the Cold War veteran
shall not be eligible to receive the exemption under this section.
D.
The exemption provided by Subsection A of this section shall be granted for a period of 10 years. The commencement of such ten-year period shall be governed pursuant to this subsection. Where a qualified owner owns qualifying residential real 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 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 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 old and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the ten year exemption period.
E.
Application for 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 owner
or owners of the property shall be required to refile each year. Applicants
shall refile on or before the appropriate taxable status date. Any
applicant convicted of willfully making any false statement in the
application for such exemption shall be subject to the penalties prescribed
in the penal law.
