This article shall be known as the "Real Property Tax Exemption
for Cold War Veterans Act of 2017."
As used in this article, 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 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 authorized under
Public Law 105-85, the 1998 National Defense Authorization Act.
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the State
Board pursuant to Article 12 of New York State Real Property Tax Law.
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
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 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.
SERVICE CONNECTED
Means, 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.
As authorized by Real Property Tax Law § 458-b, the
Town of Deerpark is hereby opting into the Cold War veterans partial
real property tax exemption to the extent of 15% of the first $80,000
of assessed value, using the reduced maximum exemption.
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 $9,000 or the product
of $9,000 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; and
B. In addition to the exemption provided in this article, 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, 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 $30,000, or the product of $30,000 multiplied by
the latest state equalization rate for the assessing unit, or in the
case of a special assessing unit, the latest class ratio, whichever
is less.