[Adopted 11-24-2008 by L.L. No. 6-2008]
The Town Board finds that the New York State
Legislature has enacted § 458-b of the Real Property Tax
Law. That section authorizes local governments to adopt a local law
granting to qualifying Cold War veterans a real property tax exemption
as authorized therein.
The Town Board hereby enacts this article in
order to ensure the benefits of this property tax exemption to qualifying
veterans who served our Town during the Cold War period as defined
in § 458-b of the Real Property Tax Law. Any Cold War veteran
so qualifying shall be eligible for the exemption upon filing with
the Assessor a form prescribed by the Office of Real Property Services
on or before the first appropriate taxable status date.
[Amended 11-23-2017 by L.L. No. 6-2017]
A.
Qualified residential real property owned by a Cold War veteran,
as defined in New York State Real Property Tax Law § 458-b,
or spouse of a Cold War veteran, or unremarried surviving spouse of
a Cold War veteran shall be exempt from taxation to the extent of
15% of the assessed value of such property; provided, however, that
such exemption shall in no event exceed $12,000 or the product of
$12,000 multiplied by the latest state equalization rate for the Town
of Tonawanda, whichever is less.
B.
Where the Cold War veteran received a compensation rating from the
United States Department of Veterans Affairs or the United States
Department of Defense due to a service-connected disability, the qualifying
residential real property will be exempt from taxation to the extent
of the product of the assessed value multiplied by 50% of the disability
rating; provided, however, that such exemption shall not exceed $40,000
or the product of $40,000 multiplied by the current equalization rate
for the Town of Tonawanda.
C.
Qualified residential real property is property that is used exclusively
for residential purposes and is the primary residence of the Cold
War veteran, or his or her unremarried surviving spouse, 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. In the event any portion of such property is not used
exclusively for the applicant's residence, said portion shall be subject
to taxation but the remaining portion shall be entitled to the exemption
provided herein.
D.
This exemption applies to general Town and part-Town taxes, but does
not extend to special assessments or special district charges.
E.
Pursuant to § 458-b2(c)(iii) of New York State Real Property
Tax Law, this exemption shall apply to qualifying owners of qualifying
real property for so long as they remain qualifying owners.
F.
In the event a Cold War veteran is receiving an exemption under § 458
or 458-a of New York State Real Property Tax Law at the time of application,
he or she is not eligible for this exemption as well.
G.
Application for such exemption shall be filed with the Assessor of
the Town of Tonawanda on or before the taxable status date on a form
as prescribed by the State Board.
