As used in this chapter, the following terms 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 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.
LATEST CLASS RATIO
The latest final class ratio established by the State Board
pursuant to Title One of Article 12 of the New York State Real Property
Tax Law, as amended, for use in a special assessing unit as defined
in § 1801 of the New York State Real Property Tax Law, as
amended.
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the State
Board pursuant to Article 12 of the New York State Real Property Tax
Law, as amended.
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 chapter.
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.
SERVICE-CONNECTED
With respect to disability or death, means 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 8-3-2010 by L.L. No. 54-2010, effective 8-16-2010; 4-2-2019 by L.L. No. 24-2019,
effective 4-12-2019]
Qualified residential real property owned by a Cold War veteran
or an otherwise qualified owner, including a Cold War veteran's
interest in real property owned by a cooperative corporation, shall
be exempt from Town taxes 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 for the Town, or in the case of a special
assessing unit, the latest class ratio, as applicable, whichever is
less, to fully implement the terms of Real Property Tax Law 458-b.
[Amended 8-3-2010 by L.L. No. 54-2010, effective 8-16-2010; 4-2-2019 by L.L. No. 24-2019,
effective 4-12-2019]
In addition to the exemption provided by §
10C-2 of this Code, 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, including a Cold War veteran's interest in real property owned by a cooperative corporation, shall be exempt from Town taxes 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 for the Town, or in the case of a special assessing unit, the latest class ratio, as applicable, whichever is less, to fully implement the terms of Real Property Tax Law 458-b.