[Adopted 9-28-1994 by L.L. No. 8-1994]
[1]
Editor's Note: Former Art. III, Homestead
Base Proportions, adopted 3-27-1992 by L.L. No. 2-1992, was repealed
9-22-1993 by L.L. No. 7-1993.
The purpose of this article is to require a
change in the amount of the eligible funds exemption granted to veterans
in the event of a material change in the level of assessment as authorized
by Subdivision 5 of § 458 of the Real Property Tax Law as
amended by Chapter 410 of the Laws of 1994.
In the event that the total assessed value of
any real property for which an exemption prescribed in Subdivision
1 or 2 of § 458 of the Real Property Tax Law has been granted
increases or decreases as the result of a revaluation or update of
assessments and a material change in level of assessment, as provided
in Title 2 of Article 12 of the Real Property Tax Law, is certified
for the assessment roll pursuant to the rules of the State Board of
Equalization and Assessment, the Bethlehem Town Assessor shall increase
or decrease the amount of such exemption by multiplying the amount
of such exemption by such change in level of assessment. If the Assessor
receives the certification after the completion, verification and
filing of the final assessment roll, the Assessor shall certify the
amount of exemption as recomputed pursuant to this section to the
local officers having custody and control of the roll, and such local
officers are hereby directed and authorized to enter the recomputed
exemption certified by the Assessor on the roll.
Owners of property who previously received an
exemption pursuant to § 458 of the Real Property Tax Law
but who opted instead to received exemption pursuant to § 458-a
of the Real Property Tax Law may again receive an exemption pursuant
to § 458 of the Real Property Tax Law upon application by
the owner within one-year of the adoption of this article. The Assessor
shall recompute all exemptions granted pursuant to § 458
of the Real Property Tax Law by multiplying the amount of each such
exemption by the cumulative change in level of assessment certified
by the State Board of Equalization and Assessment measured from the
assessment roll immediately preceding the assessment roll on which
exemptions were first granted pursuant to § 458-a of the
Real Property Tax Law; provided, however, that if an exemption pursuant
to § 458 of the Real Property Tax Law was initially granted
to a parcel on a later assessment roll, the cumulative change in level
factor to be used in recomputing that exemption shall be measured
from the assessment roll immediately preceding the assessment roll
on which that exemption was initially granted. No refunds or retroactive
entitlements shall be granted.
The provisions of this article shall be applied
retroactively to an assessment roll prepared on the basis of a taxable
status date occurring on or March 1, 1994.
[Added 12-11-1996 by L.L. No. 17-1996; amended 3-10-1999 by L.L. No. 3-1999; 2-22-2006 by L.L. No. 1-2006]
Chapter 256 of the New York State Laws of 2005
provides an amendment to § 458-a of the Real Property Tax
Law (alternative veterans exemption). This new law provides that each
county, city, town or village has the authority to adopt a local law
to increase the home value cap of $180,000 currently in effect to
one of three new levels: $200,000, $220,000 or $240,000. Adoption
of one of these three new levels would result in the following changes
in the maximum exemption amounts permitted to recipients of the alternative
veterans exemption:
|
Current Amount
|
Amount Permitted Based on Change
| |
|---|---|---|
|
Home value cap
|
$180,000
|
$240,000
|
|
Maximum exemption
| ||
|
Wartime (15%)
|
$27,000
|
$36,000
|
|
Combat (10%)
|
$18,000
|
$24,000
|
|
Disabled
|
$90,000
|
$130,000
|
|
Current total maximum exemption
|
$135,000
|
$190,000
|
[Added 1-10-2001 by L.L. No. 3-2001]
An amendment to § 458-a of the Real
Property Tax Law (alternative veterans exemption) includes Gold Star
parents as eligible recipients. This new law provides that each county,
city, town or village has the authority to adopt a local law to include
Gold Star parents as eligible recipients.
[Added 2-11-2009 by L.L. No. 2-2009]
A.
Purpose. The purpose of this section is to provide
a tax exemption for Cold War veterans, as authorized by Chapter 655
of the Laws of New York for 2007, as amended by Chapter 6 of the Laws
of New York for 2008, and as amended by Chapter 235 of the Laws of
New York for 2009,[1] and by Local Law No. 6-2008 of Albany County, New York,
as amended by Local Law No. 2-2009 of Albany County, New York.
[Amended 5-26-2010 by L.L. No. 1-2010]
[1]
Editor's Note: See New York State Real Property
Tax Law § 458-b.
B.
ACTIVE DUTY
ARMED FORCES
COLD WAR VETERAN
LATEST CLASS RATIO
LATEST STATE EQUALIZATION RATE
QUALIFIED OWNER
QUALIFIED RESIDENTIAL REAL PROPERTY
SERVICE CONNECTED
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Full-time duty in the United States Armed Forces, other than
active duty for training.
The United States Army, Navy, Marine Corps, Air Force and
Coast Guard.
A person, male or female, 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 class ratio established by the New York
State Board of Real Property Tax Services pursuant to Title 1 of Article
12 of the New York State Real Property Tax Law for use in a special
assessing unit as defined in § 1801 of the New York State
Real Property Tax Law.
The latest final state equalization rate or special equalization
rate established by the State Board. The State Board will establish
a special equalization rate if it finds that there has been a material
change in the level of assessment since the establishment of the latest
state equalization rate, but in no event will such special equalization
rate exceed 100. In the event that the state equalization rate exceeds
100, then the state equalization rate shall be 100 for the purposes
of this section. Where a special equalization rate is established
for purposes of this section, the Assessor is directed and authorized
to recompute the Cold War veterans exemption on the assessment roll
by applying such special equalization rate instead of the latest state
equalization rate applied in the previous year and to make the appropriate
corrections on the assessment roll, notwithstanding the fact that
such Assessor may receive the special equalization rate after the
completion, verification and filing of such final assessment roll.
In the event that the Assessor does not have custody of the roll when
such recomputation is accomplished, the Assessor shall certify such
recomputation to the local officers having custody and control of
such roll, and such local officers are hereby directed and authorized
to enter the recomputed Cold War veterans exemption certified by the
Assessor on such roll.
[Amended 5-26-2010 by L.L. No. 1-2010]
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
the unremarried, surviving spouse of a 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 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 section.
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.
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 the line of duty on active military, naval
or air service.
C.
Amount of exemption; limitations.
(1)
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
$36,000 or the product of $36,000 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.
[Amended 5-26-2010 by L.L. No. 1-2010]
(2)
In addition to the exemption provided by Subsection C(1) of this section, 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 $120,000 or the product of $120,000 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.
[Amended 5-26-2010 by L.L. No. 1-2010]
(3)
If a Cold War veteran receives either a veterans
exemption authorized by § 458 of the Real Property Tax Law
or an alternative veterans exemption authorized by § 458-a
of the Real Property Tax Law, the Cold War veteran shall not be eligible
to receive an exemption under this section.
D.
The exemption granted by this section shall be granted to qualified
owners of qualifying real property as long as they remain qualified
owners. The commencement of such exemption period shall be governed
pursuant to this subsection. Where a qualified owner owns qualifying
residential real property on the effective date of this section, or
such other date as may be set forth in § 458-(b)(2)(c) of
the New York State Real Property Tax Law, such exemption 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
section, or such other date as may be set forth in § 458-(b)(2)(c)
of the New York State Real Property Tax Law. Where a qualified owner
does not own qualifying residential real property on the effective
date of this section, or such other date as may be set forth in § 458(b)(2)(c)
of the New York State Real Property Tax Law, such exemption 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 veteran apply for and be granted exemption on the
assessment roll prepared pursuant to a taxable status date occurring
within 60 days after the date of purchase of residential real property,
such exemption period shall apply on the first assessment roll in
which the exemption is effective. If the exempt property is sold and
replaced with other residential real property, the exemption may be
granted on the replacement residential real property.
[Amended 2-28-2018 by L.L. No. 1-2018]
E.
Application for exemption. Application for the exemption
set forth in this section shall be made by the qualified owner, or
all of the qualified owners, of the property on a form prescribed
by the New York State Board of Real Property Tax Services. The owner
or owners shall file the completed form in their local 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 of the property shall
not be required to refile each year. Applicants shall be required
to refile on or before the taxable status date if the percentage of
disability percentage increases or decreases or may refile if other
changes have occurred which affect 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 New York State Penal
Law.
F.
Property
held in trust. Notwithstanding any other provision of law to the contrary,
the provisions of this section shall apply to any real property held
in trust solely for the benefit of a person or persons who would otherwise
be eligible for a real property tax exemption pursuant to this section
were such person or persons the owner or owners of such real property.
[Added 5-26-2010 by L.L. No. 1-2010]
G.
Cooperative
apartment corporations.
[Added 5-26-2010 by L.L. No. 1-2010]
(1)
For the purposes of this section, title to the portion of real property
owned by a cooperative apartment corporation in which a tenant-stockholder
of such corporation resides and which is represented by his or her
share or shares of stock in such corporation as determined by its
or their proportional relationship to the total outstanding stock
of the corporation, including that owned by the corporation, shall
be deemed to be vested in such tenant-stockholder.
(2)
Provided that all other eligibility criteria of this section are
met, that proportion of the assessment of such real property owned
by a cooperative apartment corporation determined by the relationship
of such real property vested in such tenant-stockholder to such real
property owned by such cooperative apartment corporation in which
such tenant-stockholder resides shall be subject to exemption from
taxation pursuant to this section, and any exemption so granted shall
be credited by the appropriate taxing authority against the assessed
valuation of such real property; the reduction in real property taxes
realized thereby shall be credited by the cooperative apartment corporation
against the amount of taxes otherwise payable by or chargeable to
such tenant-stockholder.
