Town of Babylon, NY Article IV Veterans Tax Exemption

[Adopted 4-25-1997 by L.L. No. 6-1997]

§ 195-15 Exemption increased.

[Amended 10-7-1997 by L.L. No. 5-1997; 12-20-2006 by Res. No. 6]

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 allowable exemption of Paragraphs (a), (b) and (c) of Subdivision 2 of § 458-a of such law is hereby increased to $54,000, $36,000 and $180,000, respectively.

§ 195-15.1 Veterans tax exemption transfer.

[Added 11-8-2006 by Res. No. 9]

The Assessor shall transfer and prorate a veteran’s exemption on real property when the veteran or eligible relative sells the property and purchases a replacement within the same city, town or village.

§ 195-15.2 Exemption for Cold War veterans.

[Added 11-8-2007 by Res. No. 7[1]]

A. Definitions. As used in this section, the following words shall have the meanings indicated:

ACTIVE DUTY

Full-time duty in the United States Armed Forces, other than active duty for training.

ARMED FORCES

The United States Army, Navy, Marine Corps, Air Force, and Coast Guard.

COLD WAR VETERAN

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.

LATEST CLASS RATIO

The latest final class ratio established by the state board pursuant to Title 1 of Article 12[2] of this chapter for use in a special assessing unit as defined in § 1801 of this chapter.[3]

LATEST STATE EQUALIZATION RATE

The latest final equalization rate established by the state board pursuant to Article 12 of this chapter.[4]

QUALIFIED OWNER

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.

QUALIFIED RESIDENTIAL REAL PROPERTY

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 section. 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.

SERVICE CONNECTED

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.

[2] Editor's Note: See Real Property Tax Law, Art. 12, Title 1.

[3] Editor's Note: See Real Property Tax Law, § 1801.

[4] Editor's Note: See Real Property Tax Law, Art. 12.

B. Amount of exemption; limitations.

(1) 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 a special assessing unit, the latest class ratio, whichever is less.

(2) In addition to the exemption provided by Subsection B(1) of this subsection, 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 a special assessing unit, the latest class ratio, whichever is less.

(3) Limitations.

(a) The exemption from taxation provided by this subsection shall be applicable to county, Town, and village taxation, but shall not be applicable to taxes levied for school purposes.

(b) If a Cold War veteran receives the exemption under § 458 or 458-a of this title,[5] the Cold War veteran shall not be eligible to receive the exemption under this section.

[5] Editor's Note: See Real Property Tax Law, Art. 4, Title 2.

(c) The maximum exemption allowable in subparagraphs (i) and (ii) of paragraph (a) of this subdivision[6] and the exemption allowable in paragraph (b) of this subdivision[7] is reduced to $6,000, $9,000 and $30,000, respectively, or $4,000, $6,000 and $20,000, respectively.[8]

[Amended 2-6-2008 by L.L. No. 5-2008]

[6] Editor's Note: See Real Property Tax Law, § 458-b, Subdivision 2(a)(i) and (ii).

[7] Editor's Note: See Real Property Tax Law, § 458-b, Subdivision 2(b).

[8] Editor's Note: Former Subsection B(3)(d), regarding exemption period, which immediately followed, was repealed 2-14-2018 by L.L. No. 3-2018.

C. (Reserved)[9]

[9] Editor's Note: Former Subsection C, regarding exemption granted by local law, was repealed 2-14-2018 by L.L. No. 3-2018.

D. 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.

[1] Editor's Note: This local law provided that it shall take effect 1-3-2008 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.

§ 195-16 Cooperative apartments; eligibility for exemptions. [1]

[Added 5-19-1998 by L.L. No. 7-1998[2]]

For the purposes of determining eligibility for a partial veterans exemption from real property taxes under § 458 of the New York Real Property Tax Law and for the purposes of determining eligibility for a veterans alternative exemption under § 458-a of the New York Real Property Tax Law the following shall apply:

A. For the purposes of this section, title to that portion of real property built as a cooperative apartment and owned by a cooperative corporation in which a tenant-stockholder of such corporation resides and which is represented by his share or shares of stock in such corporation as determined by its or their proportional relationship to the total outstanding stock of the corporation including that owned by the corporation shall be deemed to be vested in such tenant-stockholder.

B. The proportion of the assessment of such real property owned by such cooperative apartment corporation determined by the relationship of such real property vested in such tenant-stockholder to such entire parcel and the buildings thereon owned by such cooperative apartment corporation in which such tenant-stockholder resides shall be subject to exemption from taxation pursuant to this section and any exemption as granted shall be credited by the appropriate taxing authority against the assessed valuation of such real property; the reduction in real property taxes realized thereby shall be credited by the cooperative apartment against the amount of such taxes otherwise payable by or chargeable to such tenant-stockholder.

C. Notwithstanding Subsection B of this section, a tenant-stockholder who resides in a dwelling that is subject to the provisions of Articles 2, 4, 5 or 11 of the New York Private Housing Financing Law shall not be eligible for an exemption pursuant to this section.

[1] Editor's Note: Former § 195-16, When effective; applicability, was repealed 10-7-1997 by L.L. No. 15-1997.

[2] Editor's Note: This local law also provided that it shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after 1-1-1998.