[Adopted 2-11-2009 by L.L. No. 1-2009]
As used in this article, the following definitions shall apply:
ACTIVE DUTY
Full-time duty in the United States Armed Forces.
ARMED FORCES
The United States Army, Navy, Marine Corps, Air Force and Coast Guard.
COLD WAR VETERAN
A person who served on active duty in the United States Armed Forces, at any time during the time period from September 2, 1945, to December 26, 1991, and who discharged or released therefrom under honorable conditions.
LATEST CLASS RATIO
The latest final class ratio established by the state board.[1]
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the state board.[2]
QUALIFIED OWNER
A Cold War veteran, the spouse of a Cold War veteran, or the unmarried 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 the only 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 being institutionalized for up to five years.
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 service.
[1]
Editor's Note: By L. 2010, c. 56, pt. W, § 1, subd. (b), most references in the Real Property Tax Law to the “Board of Real Property Tax Services” (“state board,” etc.) were revised to refer to the Commissioner of Taxation and Finance (Commissioner).
[2]
Editor's Note: By L. 2010, c. 56, pt. W, § 1, subd. (b), most references in the Real Property Tax Law to the “Board of Real Property Tax Services” (“state board,” etc.) were revised to refer to the Commissioner of Taxation and Finance (Commissioner).
A. 
Qualifying residential real property shall be exempt from taxation to the extent of the lower of either:
(1) 
Ten percent of the assessed value of such property; provided, however, that such exemption shall not exceed $8,000 or the product of $8,000 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; or
(2) 
Fifteen percent 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 above, 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. 
Limitations.
(1) 
The exemption from taxation provided by this section shall be applicable to county, city, Town and village taxation, but shall not be applicable to taxes levied for school purposes.
(2) 
If a Cold War veteran receives the exemption under § 458 or § 458-a of the New York Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption under this section.
(3) 
The exemption provided by § 230-9 of this article shall continue indefinitely and shall not expire so long as the real property to which it applies continues to meet the definition of "qualified residential real property" as that term is defined in § 230-8 of this article. Property ceasing to meet the definition of "qualified residential real property" will lose the exemption provided by § 230-9 of this article beginning with the next assessment roll that is prepared after the property no longer meets the definition of "qualified residential real property."
[Amended 9-12-2018 by L.L. No. 1-2018]
Notwithstanding anything to the contrary in the foregoing provisions of this article, any exemption granted pursuant to this section shall be effective and apply to properties affected by the taxable status date next occurring at least 90 days following the adoption of this article.
Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the state board.[1] The owner or owners shall file the completed form in the Assessor's office on or before the first appropriate taxable status date. Applicants shall refile on or before the appropriate taxable status date. Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties provided in the New York Penal Law.
[1]
Editor's Note: By L. 2010, c. 56, pt. W, § 1, subd. (b), most references in the Real Property Tax Law to the “Board of Real Property Tax Services” (“state board,” etc.) were revised to refer to the Commissioner of Taxation and Finance (Commissioner).