Legislative intent. Section 458-b of the New York State Real Property
Tax Law authorizes local governments to extend a partial exemption
from real property taxes for real property owed by persons who rendered
military service to the United States during the Cold War. In order
to institute such partial real property tax exemption, the governing
board of a municipality must adopt a local law providing for such
partial exemption. The purpose of this article is to extend such partial
real property tax exemption to the extent authorized by New York State
Law.
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, and
was discharged or released therefrom under honorable conditions.
The latest final class ratio established by the State Board
pursuant to Title one of Article twelve 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.
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 that 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 line of duty on active military, naval
or air service.
Partial exemption from taxation for Cold War veterans. Qualified
real property owned by a Cold War veteran or an otherwise qualified
owner 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 $12,000 or the product of $12,000 multiplied by the latest
class ratio, whichever is less.
Additional exemption. In addition to the exemption provided by Subsection C, 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 veteran disability rating; provided, however, that such exemption shall not exceed $40,000, or the product of $40,000 multiplied by the latest class ratio, whichever is less.
If a Cold War veteran receives the exemption under New York State
Real Property Tax Law § 458 or § 458-a, the Cold
War veteran shall not be eligible to receive the exemption under this
section.
The exemption authorized by Subsection C shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to the ten-year limitation as set forth in § 458-b, Subdivision (2)(c)(iii), of the New York Real Property Tax Law.
Application for exemption shall be made by the owner, or all of the
owners, of the property on a form prescribed by the State Board. The
owner or owners shall file the completed form in the Nassau County
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 appropriate 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 Penal
Law.