[Adopted 11-28-2007 by L.L. No. 8-2007]
The Real Property Tax Law of the State of New York was amended
by adding a new § 458-b authorizing a real property tax
exemption for Cold War veterans. It is the intention of this Town
Board, by passage of this newly adopted article, to provide the exemptions
under § 458-b of the Real Property Tax Law to eligible persons
for purposes of taxes levied by the County of Otsego.
As used in this article, 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 for a period of more than 365 days, during
the time period from September 2, 1945, to December 26, 1991, was
discharged or released therefrom under honorable condition and has
been awarded the Cold War recognition certificated as authorized under
Public Law 105-85, the 1998 National Defense Authorization Act.
The latest final class ratio established by the state board
pursuant to Title 1 of Article 12 of the Real Property Tax Law for
use in a special assessing unit as defined in Real Property Tax Law
§ 1801.
The latest final equalization rate established by the state
board pursuant to Article 12 of the 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 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 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 for up
to five years.
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.
A.
The Town Board of the Town of Oneonta adopts this article to provide
that qualifying residential real property shall be exempt from taxation
to the extent of 10% of the assessed value of such property; provided,
however, that such exemption shall not exceed $8,000 or the product
of $8,000 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.
B.
In addition to the exemption provided by Subsection A 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 $40,000 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.
A.
The exemption from taxation provided by this article shall be applicable
to county real property taxes, commencing with the 2008 assessment
rolls, but shall not be applicable to taxes levied for school purposes.
B.
If a Cold War veteran receives the exemption under § 458
or 458-a of the Real Property Tax Law, the Cold War veteran shall
not be eligible to receive the exemption under this article.
D.
The exemption provided by § 92-14A shall be granted for a period of 10 years. The commencement of such ten-year period shall be governed pursuant to this subsection. Where a qualified owner owns qualifying residential real property on the effective date of this article, such ten-year 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 article. Where a qualified owner does not own qualifying residential real property on the effective date of this article, such ten-year 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 an 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 ten-year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten-year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subsection for the unexpired portion of the ten-year exemption period.
E.
Notwithstanding the foregoing provisions of this section, no later
than 90 days before the taxable status date next occurring on or after
the December 31, 2007, after a public hearing, the Town Board may
adopt a local law to provide that the exemption shall be granted pursuant
to this article for the purposes of taxes levied for such town.
F.
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 Assessor's
office on or before the first appropriate taxable status date. The
owner or owners of the property shall be required to refile each year.
Applicants shall refile on or before the appropriate taxable status
date. 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.
G.
A local law adopted pursuant to this article may be repealed by the
Town Board. Such repeal shall occur at least 90 days prior to the
Town's taxable status date.
