The New York State Legislature enacted a new
section of the Real Property Tax Law, § 458-b, which permits
local governing boards to adopt a local law granting Cold War veteran
residential property owners an exemption from taxation. The Village
of Woodbury Board of Trustees has determined that such a local law
would be in the best interest of the Cold War veterans residing in
the Village. The enabling legislation enacted by the State Legislature
requires that localities must adopt a local law in order to afford
those veterans such exemption.
As used in this article, the following terms
shall have the meanings indicated:
ACTIVE DUTY
A 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 as authorized under Public Law
105-85, the 1998 National Defense Authorization Act.
LATEST CLASS RATIO
The latest final class ratio established by the State Board,
pursuant to Title I of Article XII of New York Real Property Tax Law,
for use in a special assessing unit as defined in Real Property Tax
Law § 1801.
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the State
Board pursuant to Article XII of the New York 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
the property is owned by more than one qualified owner, the exemption
to which each is entitled may be combined. Where a veteran is also
the 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 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
With respect to disability or death, that such disability
was incurred or aggravated in the line of duty on active military,
naval or air service.