[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-18-2009 by L.L. No. 1-2009]
The New York State Legislature enacted a new section of the Real Property Tax Law, § 458-b, which permits local governing boards to adopt a local law granting Cold War veteran residential property owners an exemption from taxation. The Village of Tuxedo Park Board of Trustees has determined that such a local law would be in the best interest of the Cold War veterans residing in the Village. The enabling legislation enacted by the State Legislature requires that localities must adopt a local law in order to afford those veterans such exemption.
As used in this article, the following terms shall have the meanings indicated:
- ACTIVE DUTY
- A 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 State Board pursuant to Title I of Article XII of the New York Real Property Tax Law for use in a special assessing unit as defined in Real Property Tax Law § 1801.
- LATEST STATE EQUALIZATION RATE
- The latest final equalization rate established by the State Board pursuant to Article XII of the New York Real Property Tax Law.
- 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 the 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.
The Board of Trustees of the Village of Tuxedo Park hereby elects, pursuant to § 458-b of the Real Property Tax Law, to grant the following exemption to qualifying residential real property: 15% of the assessed value of the property, to the extent that it does not exceed $12,000 or the product of $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.
In addition to the exemption provided in Subsection A above, where a Cold War veteran has received a compensation rating from the United States Department of Veterans Affairs or 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 the property multiplied by 50% of the Cold War veteran disability rating, to the extent that it does not exceed $40,000, or the product of $40,000 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.
This exemption from taxation is applicable to Village taxes, but not to those taxes levied for school purposes.
If a Cold War veteran receives an exemption under § 458 or 458-a of the New York Real Property Tax Law, such veteran shall not be eligible to receive this exemption.
The exemption provided for in § 89-3A shall be granted for a period of 10 years. Such 10 years 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 owns qualifying residential real property on the effective date of this article. Where a qualified owner does not own qualifying real property on the effective date of this article, the 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 the qualified real property, provided that the veteran applies for and is granted an exemption on such assessment roll. If the property is sold or replaced with other residential real property, the exemption may be granted for the unexpired portion of the remaining ten-year period.