[Adopted 1-29-2009 by L.L. No. 1-2009]
A.
This City Council finds and determines that the sacrifices and services
provided by veterans in protecting this country should be acknowledged
by providing certain tax exemptions.
B.
By Chapter 655 of the Laws of New York for 2007, as amended by Chapter
6 of the Laws of New York for 2008, the New York State Legislature
amended § 458-b of the Real Property Tax Law authorizing
the adoption of a local law to provide tax exemptions for Cold War
veterans.
C.
The purpose of this article is to adopt tax exemptions for Cold War
veterans as authorized by Chapter 655 of the Laws of New York for
2007, as amended by Chapter 6 of the Laws of New York for 2008.
As used in this article, the following terms 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, was discharged or released therefrom
under honorable conditions.
The latest final class ratio established by the New York
State Board of Real Property Tax Services 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 of the New York State
Real Property Tax Law.
The latest final equalization rate established by the New
York State Board of Real Property Tax Services 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 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.
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 $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.
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 of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
C.
If a Cold War veteran receives either a veteran's exemption
authorized by § 458 of the Real Property Tax Law, or an
alternative veteran's exemption authorized by § 458-a
of the Real Property Tax Law, the Cold War veteran shall not be eligible
to receive an exemption under this article.
The exemption provided by this article shall be granted for
a period of 10 years. The commencement of such ten-year period shall
be governed pursuant to this section. Where a qualified owner owns
qualifying residential real property on the effective date of this
article, or such other date as may be set forth in § 458-b(2)(c)
of the New York State Real Property Tax Law, 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, or such other date as may be set forth in § 458-b(2)(c)
of the New York State Real Property Tax Law. Where a qualified owner
does not own qualifying residential real property on the effective
date of this article. or such other date as may be set forth in § 458-b(2)(c)
of the New York State Real Property Tax Law, 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 sold and replaced with other residential
teal property, such exemption may be granted pursuant to this section
for the unexpired portion of the ten-year exemption period.
Application for the exemption set forth in this article shall
be made by the qualified owner, or all of the qualified owners, of
the property on a form prescribed by the New York State Board of Real
Property Tax Services. The owner or owners shall file the completed
form in their local 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 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 increase or decrease 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 New York State Penal Law.
