[Adopted 10-6-2008 by L.L. No. 3-2008]
It is the intention of the Village Board of
the Village of Lynbrook by this article to recognize the sacrifices
made and services rendered by those persons who served in the active
military of the United States Armed Forces, or who otherwise qualify
as veterans hereunder defined, by providing to them the full benefits
of the Cold War veterans real property tax exemptions established
under § 458-b of the New York State Real Property Tax Law.
The following terms, whenever used or referred
to in this article, shall have the following meanings:
A person 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.
The latest final equalization rate established by the State
Board pursuant to Title 1 of 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 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 Cold War veteran is also
the unremarried surviving spouse of a Cold War 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 so used exclusively for residential
purposes but is used for other purposes, such portion shall be subject
to taxation and the remaining portion only shall be entitled to the
exemption provided by this article. Such property must be the primary
residence of the Cold War veteran or unremarried surviving spouse
of the Cold War veteran, unless the Cold War veteran or the 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, that such disability
was incurred or aggravated, or that death resulted from a disability
incurred or aggravated, in the line of duty in the active military
as a Cold War veteran.
The Village of Lynbrook.
A.
Qualifying residential real property shall be exempt
from taxation to the extent of 10% of the assessed value of such property;
provided, however, that such exemption shall not exceed $8,000 or
the product of $8,000 multiplied by the latest state equalization
rate of the assessing unit.
B.
In addition to the exemptions provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United Stated Veterans' Administration 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 equalization rate for the assessing unit.
D.
The exemptions provided by Subsections A and B of this section shall be granted for a period of 10 years. The commencement of such ten-year period shall be governed pursuant to this subsection. 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 Cold War veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring 60 days after the date of the 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 subsection for the unexpired portion of the ten-year exemption period.
E.
Pursuant to the New York State Laws of 2017 Chapter 290, the Village of Lynbrook hereby exercises the option to extend this exemption as long as the applicant Cold War veteran remains a qualifying owner under Village Code Chapter 222, Article VII, Exemption for Cold War Veterans, to be effective January 1, 2018.
[Added 12-11-2017 by L.L.
No. 5-2017]
Application for exemption must 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 appropriate taxable status
date. The owner or owners of the property shall not be required to
refile each year. However, should the veteran's percentage of disability
be changed, the application should be amended to reflect this fact
for the remaining years of the exemption. Any applicant convicted
willfully making any false statement in the application for such exemption
shall be subject to the penalties prescribed in the Penal Law.
