[Adopted 6-3-2008 by L.L. No. 1-2008]
The general purpose of this article is to establish a real properly
tax exemption for Cold War veterans, to provide exemption from taxation
and to provide additional exemptions for service-connected disability
or death. This article has been authorized by enabling legislation
contained in § 458-b of the Real Property Tax Law of the
State of New York.
This article addresses perceived inequity by granting a partial
real property tax exemption to Cold War veterans who served on active
duty in the United States armed forces between September 2, 1945,
and December 26, 1991, and who were discharged or released under honorable
conditions.
A.
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 $12,000 or the product of twelve
$12,000 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 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 state equalization rate for the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less.
C.
The exemption authorized by this article shall apply to qualifying
owners of qualifying real property for as long as they remain qualifying
owners, without regard to a ten-year limitation.
[Amended 9-4-2018 by L.L.
No. 3-2018]
A.
If a Cold War veteran received the exemption under § 458
or 458-a of the New York State Real Property Tax Law, the Cold War
veteran shall not be eligible to receive this exemption.
B.
The exemption from taxation provided by this section shall be applicable
to City tax but shall not be applicable to taxes levied for school
purposes.
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 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 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 equalization rate established by the state
board pursuant to Article 12 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 is 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 in 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 death resulted from a disability
incurred or aggravated, in the line of duty on active military, naval
or air service.
The owner, or all owners, of the property, on a form prescribed
by the state board, shall make application for exemption. The owner
or owners shall file the completed form in the 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
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.
This article shall take effect September 1, 2008, and shall
apply to assessment rolls prepared on the basis of taxable status
dates occurring on or after such date.
