[Adopted 1-12-2009 by L.L. No. 2-2009; amended in its entirety 7-8-2019 by L.L. No. 2-2019]
This article shall be known as the "Local Law Authorizing a
Partial Tax Exemption for Real Property Taxes for Real Property Owned
by Persons who Rendered Military Service to the United States During
the Cold War Period September 2, 1945, to December 26, 1991." It is
adopted pursuant to the authority of Articles 2 and 3 and § 10
of the New York State Municipal Home Rule Law.
The purpose of this article is to grant a partial exemption
from real property taxation to the extent of 15% of the assessed value
up to $12,000 of assessed value of qualified residential real property
which is owned by a Cold War veteran who is a qualified owner, or
in the case of a Cold War veteran who is a qualified owner and who
received a compensation rating from the United States Veterans' Administration
or from the United States Department of Defense because of a service-related
disability, to the extent of the product of the assessed value of
such qualified residential real property multiplied by 50% of the
Cold War veteran's disability rating up to an assessed valuation
of $40,000 of assessed value, in accordance with the requirements
of § 458-b of the Real Property Tax Law.
As used in this article, the following terms and phrases shall
have the following meanings:
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 the term 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, 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 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 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 line of duty on active military, naval or
air service.
Qualified residential real property owned by qualified owners
who are Cold War veterans shall be exempt from county real property
taxes to the following extent:
A.
To the extent of 15% of the assessed value of such qualified residential
real 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, 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' Administration or from the United States Department of Defense because of a service-connected disability, to the extent of the product of the assessed valuation of such qualified residential real property multiplied by 50% of the Cold War veteran's 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, whichever is less.
If a Cold War veteran has a real property tax exemption under § 458
or § 458-a of the Real Property Tax Law, such veteran shall
not be eligible to receive this exemption.
The exemption provided herein shall apply to all qualified owners
of real property for as long as they remain qualified owners, without
regard to the ten-year limitation imposed by Real Property Tax Law § 458-b,
Subdivision 2.
Application for the exemption shall be made by the qualified
owner on a form prescribed by the State Board. The owner shall file
the completed form in the local Assessor's office on or before
the appropriate taxable status date.
