[Adopted 3-4-2008 by L.L. No. 2-2008]
As used in this article, the following terms
are defined in § 458-b of the New York State Real Property
Tax Law.
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 time period from September
2, 1945, to December 26, 1991, and was discharged or released therefrom
under honorable conditions.
The latest final class ratio established by the State Board
pursuant to Title 1 of Article 12 of the New York State Real Property
Tax Law for use in a special assessing unit as defined in § 1801
thereof.
The latest final equalization rate established by the State
Board pursuant to Article 12 of the New York State 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 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.
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.
[Amended 2-2-2010 by L.L. No. 1-2010; 8-10-2021 by L.L. No. 7-2021]
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 $75,000 or
the product of $75,000 multiplied by the latest state equalization
rate 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 above, where the Cold War veteran received a compensation rating from the United States Department of 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 $250,000 or the product of $250,000 multiplied by the latest state equalization rate or, in the case of a special assessing unit, the latest class ratio, whichever is less.
If a Cold War veteran receives 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
article.
[1]
Editor’s Note: Former § 260-38, Duration, was repealed
12-19-2017 by L.L. No. 21-2017.
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 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 the penalties prescribed in the penal
law.
