[Amended 2-10-2010 by L.L. No. 1-2010]
The purpose of this article is to allow for a real property
tax exemption for Cold War veterans pursuant to § 458-b of the
New York State Real Property Tax Law, as amended by Chapter 6 of the
Laws of New York, 2008, and Chapter 235 of the Laws of New York, 2009.
As used in this article, the following words 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 STATE EQUALIZATION RATE
The latest final state equalization rate or special equalization
rate established by the State Board pursuant to Article 12 of the
New York State Real Property Tax Law. The State Board shall 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 shall 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 § 458-b of the New York State Real Property Tax Law.
[Amended 2-10-2010 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 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.
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.
[Amended 2-10-2010 by L.L. No. 1-2010]
Pursuant to the provisions of § 458-b of the New York
State Real Property Tax Law, as amended by Chapter 6 of the Laws of
New York, 2008, and Chapter 235 of the Laws of New York, 2009, the
maximum veterans exemption from real property taxes allowable is as
follows:
A. Qualified 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 the lesser of $36,000
or the product of $36,000 multiplied by the latest equalization rate
for the Town of Cicero.
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, qualified 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 equalization rate for the Town of Cicero, whichever is less.
This article shall take effect upon filing with the Secretary
of State and shall apply to assessment rolls prepared on the basis
of taxable status dates occurring after filing with the Secretary
of State.