[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 III, Homestead Base Proportions, adopted 3-27-1992 by L.L. No. 2-1992, was repealed 9-22-1993 by L.L. No. 7-1993.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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACTIVE DUTY
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 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.
LATEST CLASS RATIO
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.
LATEST STATE EQUALIZATION RATE
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]
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 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 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.
SERVICE CONNECTED
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.
(3) 
Notwithstanding Subsection G(2) of this section, a tenant-stockholder who resides in a dwelling that is subject to the provisions of either Article II, IV, V or XI of the Private Housing Finance Law shall not be eligible for an exemption pursuant to this section.