[Adopted 5-14-2008 by L.L. No. 2-2008]
[Amended 8-15-2012 by L.L. No. 9-2012; 5-17-2017 by L.L. No. 3-2017]
The Town of Lloyd adopts the exemption for Cold
War veterans pursuant to Real Property Tax Law (RPTL) § 458-b.
The maximum exemptions allowable from Town real property taxation,
pursuant to § 458-b of the Real Property Tax Law, shall
be 15% of the property's assessment, not to exceed $45,000 multiplied
by the latest final state equalization rate for service during the
Cold War and the percentage of the property's assessment equal to
1/2 of any service-connected disability rating, not to exceed $150,000
multiplied by the latest final state equalization rate.
Any Veteran who has applied for an exemption
pursuant to §§ 458-a or 458-b of the Real Property
Tax Law, and is granted such exemption pursuant to § 458-a,
may not thereafter receive an exemption pursuant to this article,
unless the owner sells the property receiving the exemption and uses
the proceeds to purchase property in a municipality that has adopted
and has in effect a local law as provided in § 458-a, Subdivision
4. In such an event the owner may again receive the exemption pursuant
to Subdivision 1 of § 458 of the Real Property Tax Law.
As used in this article, the following terms
shall have the meanings indicated:
A person, male or female, as defined in said amendment to
the Real Property Tax Law.
Property owned by a qualified owner which is used exclusively
for residential purposes as set forth in said Real Property Tax Law.
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 unmarried
surviving spouse of the Cold War veteran, unless the Cold War veteran
or unmarried surviving spouse is absent from the property due to medical
reasons or institutionalization.
[Amended 8-15-2012 by L.L. No. 9-2012; 2-7-2018 by L.L. No. 4-2018]
Application for exemption shall be made by the owner or all
the owners of the property in the Assessor's office on or before
the first appropriate taxable status date. Pursuant to Chapter 290
of the New York State Laws of 2017 this exemption shall remain in
effect indefinitely or until such time as it is revoked by local law
or authorizing state legislation requires modification. 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 after the percentage of disability increases or
decreases, or may refile if other changes have occurred which affect
qualification for an increased or decreased amount of exemption.
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 the qualification
for an increased or decreased amount of exemption.[1]
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.
