[Adopted 3-26-2008 by L.L. No. 3-2008 (Ch. 183, Art. VI,
of the 1987 Code)]
The purpose of this article is to grant a real property tax
exemption to Cold War veterans who meet the requirements set forth
in § 458-b of the New York State Real Property Tax Law.
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, was discharged or released therefrom under
honorable conditions and satisfies any other requirements set forth
in § 458-b, Subdivision 1(a), of the New York State Real
Property Tax Law.
The latest final class ratio established by the Commissioner
of Taxation and Finance 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.
[Amended 11-18-2015 by L.L. No. 9-2015]
The latest final equalization rate established by the Commissioner
of Taxation and Finance pursuant to Article 12 of the New York State
Real Property Tax Law.
[Amended 11-18-2015 by L.L. No. 9-2015]
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 subject
to such time limitations, if any, as are set forth in § 458-b,
Subdivision 1(f), of the New York State Real Property Tax Law.
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.
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 $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-related 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 of the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less.
[Amended 2-28-2018 by L.L. No. 1-2018]
The exemption provided by Subsection A of § 288-19 of this article shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to the ten-year limitation, and shall be in accordance with the provisions of § 458-b of the Real Property Tax Law as amended by Chapter 290 of the Laws of 2017.
[Amended 11-18-2015 by L.L. No. 9-2015]
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 Commissioner of Taxation
and Finance. 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 owner or owners of the property shall be required
to refile at such times and under such circumstances as may be set
forth in § 458-b, Subdivision 3, of the New York State Real
Property Tax Law. 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.
