[Adopted 2-11-2009 by L.L. No. 1-2009]
As used in this article, the following definitions shall apply:
Full-time duty in the United States Armed Forces.
The United States Army, Navy, Marine Corps, Air Force and
Coast Guard.
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.
The latest final class ratio established by the state board.[1]
The latest final equalization rate established by the state
board.[2]
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.
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.
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).
