New York State Real Property Tax Law § 458-b allows
local municipalities to establish a category of tax exemption for
Cold War veterans. The state law sets forth specific parameters for
persons to qualify for such an exemption, as well as directions to
municipalities as to the application of the law. The Town Board of
the Town of LaFayette desires to enact a local law in accordance with
the state law permitting qualified residents to receive this tax exemption.
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 10-22-2012 by L.L. No. 3-2012]
LATEST CLASS RATIO
The latest final class ratio established by the Commissioner
of Taxation and Finance pursuant to Title 1 of Article 12 of the Real
Property Tax Law for use in a special assessing unit as defined in
§ 1801 of the Real Property Tax Law.
[Amended 12-8-2020 by L.L. No. 2-2020]
LATEST STATE EQUALIZATION RATE
The latest final state equalization rate or special equalization
rate established by the Commissioner of Taxation and Finance pursuant
to Article 12 of the Real Property Tax Law. The Commissioner of Taxation
and Finance shall establish a special equalization rate if the Commissioner
finds that there has been a material change in the level of assessment
since the establishment of the latest state equalization rate, but
in no event shall such special equalization rate exceed 100. In the
event that the state equalization rate exceeds 100, then the state
equalization rate shall be 100 for the purposes of this exemption.
Where a special equalization rate is established for purposes of this
exemption, the Assessor is directed and authorized to recompute the
Cold War veterans exemption on the assessment roll by applying such
special equalization rate instead of the latest state equalization
rate applied in the previous year and to make the appropriate corrections
on the assessment roll, notwithstanding the fact that such Assessor
may receive the special equalization rate after the completion, verification
and filing of such final assessment roll. In the event that the Assessor
does not have custody of the roll when such recomputation is accomplished,
the Assessor shall certify such recomputation to the local officers
having custody and control of such roll, and such local officers are
hereby directed and authorized to enter the recomputed Cold War veterans
exemption certified by the Assessor on such roll.
[Amended 12-8-2020 by L.L. No. 2-2020]
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 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 the line of duty on active military, naval
or air service.
[Amended 11-8-2010 by L.L. No. 2-2010]
Pursuant to § 458-b of the New York State Real Property
Tax Law, the maximum Cold War veteran's exemption from real property
taxes is established as follows:
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 $36,000 or the product
of $36,000 multiplied by the latest state equalization rate for the
assessing unit, 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-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 $120,000, or the product of $120,000 multiplied by the latest state equalization rate for the assessing unit, whichever is less.