[Adopted 11-24-2008 by L.L. No. 1-2008]
The Town of Marlborough adopts the exemption
for Cold War veterans pursuant to Subdivision 2(a) of § 458-b
of the Real Property Tax Law, as amended by Chapter 316 of the Laws
of 1992 and as amended by Chapter A 9426 of the Laws of 2007, that
qualifying residential real property shall be exempt from taxation
to the extent of either:
A.
Ten percent 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, or, in the case of a special assessing
unit, the latest class ratio, whichever is less; or
B.
Fifteen percent of the assessed value of such property;
provided, however, that such exemption shall not exceed $12,000, or
the product of $12,000 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.
In addition to the exemption provided by § 137-8 of this article, 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 veterans' 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 assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. Such exemption shall be available to the properties of veterans who served during the Cold War period and apply for the exemption by the taxable status date.
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 the amendment to
the Real Property Tax Law.
Property owned by a qualified owner, which is used exclusively
for residential purposes as set forth in the 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.
The exemption provide by this article shall
be granted for a period of 10 years. The commencement of such ten-year
period shall be governed pursuant to this article. Where a qualified
owner owns qualifying residential 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 the 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
the 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 article for the unexpired portion
of the ten-year exemption period.
Application for exemption shall be made by the
owner, or all 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
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
re-file if other changes have occurred which affect the qualification
for an increased or decreased amount of exemption.
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.
[Added 1-22-2018 by L.L.
No. 1-2018]
The ten-year limitation imposed within Real Property Tax Law
Section 458-b (2)(c)(iii) shall not apply to qualifying owners of
qualifying real property for as long as they remain qualified owners.
