[Adopted 8-24-2009 by L.L. No. 16-2009]
[Amended 2-10-2010 by L.L. No. 1-2010]
The purpose of this article is to allow for a real property
tax exemption for Cold War veterans pursuant to § 458-b of the
New York State Real Property Tax Law, as amended by Chapter 6 of the
Laws of New York, 2008, and Chapter 235 of the Laws of New York, 2009.
As used in this article, the following words shall have the
meanings indicated:
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 state equalization rate or special equalization
rate established by the State Board pursuant to Article 12 of the
New York State Real Property Tax Law. The State Board 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 § 458-b of the New York State Real Property Tax Law.
[Amended 2-10-2010 by L.L. No. 1-2010]
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 the line of duty on active military, naval
or air service.
[Amended 2-10-2010 by L.L. No. 1-2010]
Pursuant to the provisions of § 458-b of the New York
State Real Property Tax Law, as amended by Chapter 6 of the Laws of
New York, 2008, and Chapter 235 of the Laws of New York, 2009, the
maximum veterans exemption from real property taxes allowable is as
follows:
A.
Qualified 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 the lesser of $36,000
or the product of $36,000 multiplied by the latest equalization rate
for the Town of Cicero.
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 Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability, qualified 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 $120,000, or the product of $120,000 multiplied by the latest equalization rate for the Town of Cicero, whichever is less.
A.
If the Cold War veteran receives an exemption under any other section
of the Real Property Tax Law that provides for a veterans exemption,
the Cold War veteran shall not be eligible to receive the exemption
under this article.
B.
The exemption allowed under this article shall be granted for a period
of 10 years. Where a qualified owner owns qualified 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 qualified 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 qualified 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 sold and replaced
with other residential real property, such exemption may be granted
pursuant to this article for the unexpired portion of the ten-year
exemption period.
(1)
The originally approved ten-year period of applicability is extended
another 10 years from the date of filing of a new amendment with the
New York Secretary of State.
[Added 1-23-2019 by L.L. No. 3-2019]
C.
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 statements in the application for such
exemption shall be subject to the penalties prescribed in the New
York State Penal Law.
D.
Notwithstanding
any other provision of law to the contrary, the provisions of this
article shall apply to any real property held in trust solely for
the benefit of a person or persons who would otherwise be eligible
for a real property tax exemption, pursuant to this article, were
such person or persons the owner or owners of such real property.
[Added 2-10-2010 by L.L. No. 1-2010]
E.
Cooperative
apartments.
[Added 2-10-2010 by L.L. No. 1-2010]
(1)
For
the purposes of this article, title to the portion of real property
owned by a cooperative apartment corporation in which a tenant-stockholder
of such corporation resides and which is represented by his or her
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.
(2)
Provided
that all other eligibility criteria of this section are met, that
proportion of the assessment of such real property owned by a cooperative
apartment corporation determined by the relationship of such real
property vested in such tenant-stockholder to such real property owned
by such cooperative apartment corporation in which such tenant-stockholder
resides shall be subject to exemption from taxation pursuant to this
article and any exemption so granted shall be credited against the
assessed valuation of such real property; the reduction in real property
taxes realized thereby shall be credited by the cooperative apartment
corporation against the amount of such taxes otherwise payable by
or chargeable to such tenant-stockholder.
This article shall take effect upon filing with the Secretary
of State and shall apply to assessment rolls prepared on the basis
of taxable status dates occurring after filing with the Secretary
of State.
