[Adopted 12-18-2007 by L.L. No. 4-2007[1]]
[1]
Editor's Note: This local law provided an
effective date of 1-3-2008, and stated that said law applies to assessment
rolls based on taxable status dates occurring on or after this date.
The purpose of this article is to allow for
a tax exemption for Cold War veterans allowable pursuant to § 458-b
of the Real Property Tax Law of the State of New York, which was created
by Chapter 655 of the Laws of the State of New York for the year 2007.
As used in this section, 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 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 1005-85, the 1998 National Defense Authorization Act.
The latest final equalization rate established by the state
board pursuant to Article 12 of the 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 for up
to five years.
With respect to disability or death, such disability was
incurred or aggravated, or the death resulted from a disability incurred
or aggravated, in the line of duty on active military, naval or air
service.
Pursuant to the provisions of Chapter 655 of
the 2007 Laws of the State of New York amending the Real Property
Tax Law of the State of New York, the maximum veterans exemption from
real property taxes allowable pursuant to § 458-b of the
Real Property Tax Law is established as follows:
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 the lesser
of $12,000 or the product of $12,000 multiplied by the latest state
equalization rate for the Village of Fayetteville.
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 for the Village of Fayetteville, whichever is less.
A.
If the Cold War veteran receives the 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 section.
B.
The exemption provided by this article shall be granted
for a period of 10 years. Where a qualified owner owns qualifying
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
qualifying 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 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 real property,
such exemption may be granted pursuant to this subdivision for the
unexpired portion of the ten-year exemption period.
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 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
statements in the application for such exemption shall be subject
to the penalties prescribed in the Penal Law.
