This Town Board hereby finds and determines that § 458-b
of the New York State Real Property Tax Law allows localities such
as the Town of Riverhead to grant exemptions of real property taxes
on real property owned by a qualified owner who served on active duty
during the Cold War.
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, to December 26, 1991, and was discharged or released therefrom
under honorable conditions.
[Amended 7-15-2008 by L.L. No. 25-2008]
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the Commissioner
of Taxation and Finance pursuant to Article 12 of the 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.
[Amended 7-15-2008 by L.L. No. 25-2008]
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.
[Amended 2-17-2010 by L.L. No. 4-2010]
A. The Town shall adopt a local law to provide that 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 $54,000 or the product of $54,000 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 Department of 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 $180,000 or the product of $180,000 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.
This article shall take effect January 3, 2008, and shall apply
to assessment rolls prepared on the basis of taxable status dates
occurring on or after such date.