This article shall be entitled the "Town of Berne Cold War Veterans
Tax Exemption Law."
As used in this article, the following terms 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, December 26, 1991, and was discharged or released therefrom
under honorable conditions.
LATEST CLASS RATIO
The latest final class ratio established by the New York
State Board of Real Property Tax Services 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.
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the New
York State Board of Real Property Tax Services pursuant to Article
12 of the New York State 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
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 line of duty on active military, naval
or air service.
The exemption provided by this article shall be granted for
a period of 10 years. The commencement of such ten-year period shall
be governed pursuant to this article. Where a qualified owner owns
qualifying residential real property on the effective date of this
article, or such other date as may be set forth in § 458-b(2)(c)
of the New York State Real Property Tax Law, 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, or such other date as may be set forth in § 458-b(2)(c)
of the New York State Real Property Tax Law. Where a qualified owner
does not own qualifying residential real property on the effective
date of this article, or such other date as may be set forth in § 458-b(2)(c)
of the New York State Real Property Tax Law, 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 article
for the unexpired portion of the ten-year exemption period.
Application for the exemption set forth in this article shall
be made by the qualified owner, or all of the qualified owners, of
the property on a form prescribed by the New York State Board of Real
Property Tax Services. The owner or owners shall file the completed
form in their local 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 taxable
status date if the disability percentage increases or decreases or
may refile if other changes have occurred which affect qualification
for an increase or decrease 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 New
York State Penal Law.
This article shall take effect immediately and shall apply to
assessment rolls based on taxable status dates occurring on or after
such date.