[Adopted 2-17-2016 by L.L. No. 2-2016]
A.
The Town Board finds and determines that the sacrifices and services
provided by veterans in protecting this country should be acknowledged
by providing certain tax exemptions.
B.
By Chapter 655 of the Laws of New York for 2007, as amended by Chapter
6 of the Laws of New York for 2008 and Chapter 235 of the Laws of
New York for 2009, the New York State Legislature amended § 458-b
of the Real Property Tax Law authorizing the adoption of a local law
to provide tax exemptions for Cold War veterans.
C.
The purpose of this article is to adopt tax exemptions for Cold War
veterans as authorized by Chapter 655 of the Laws of New York for
2007, as amended by Chapter 6 of the Laws of New York for 2008 and
as amended by Chapter 235 of the Laws of New York for 2009.
As used in this article of the Code of the Town of Halfmoon:
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, and was discharged or released therefrom
under honorable conditions.
The latest final class ratio established by the New York
State Board of Real Property Tax Service 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.
The latest final equalization rate established by the State
Board of Real Property Services pursuant to Article 12 of New York
State Real Property Tax Law.
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.
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 for 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-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 of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
C.
If a Cold War veteran receives either a veterans' exemption authorized
by § 458 of the Real Property Tax Law, or an alternative
veterans exemption authorized by § 458-a of the Real Property
Tax Law, the Cold War Veteran shall not be eligible to receive an
exemption under this article.
[Amended 10-4-2017 by L.L. No. 5-2017]
A.
The exemption provided by this article shall be granted for the time
period during which the residence is owned by the veteran, the spouse
of the veteran or unremarried surviving spouse.
B.
When any veteran, as defined in New York State Real Property Law
§ 458-a(1)(e), the spouse of the veteran or unremarried
surviving spouse already receiving an exemption pursuant to this section
sells the property receiving the exemption and purchases property
within the same county, the assessor shall transfer and prorate, for
the remainder of the fiscal year, the exemption which the veteran,
the spouse of the veteran or unremarried surviving spouse received.
The prorated exemption shall be based upon the date the veteran, the
spouse of the veteran or unremarried surviving spouse obtains title
to the new property and shall be calculated by multiplying the tax
rate or rates for each municipal corporation which levied taxes, or
for which taxes were levied, on the appropriate tax roll used for
the fiscal year or years during which the transfer occurred times
the previously granted exempt amount times the fraction of each fiscal
year or years remaining subsequent to the transfer of title. Nothing
in this section shall be construed to remove the requirement that
any such veteran, the spouse of the veteran or unremarried surviving
spouse transferring an exemption pursuant to this subdivision shall
reapply for the exemption authorized pursuant to this section on or
before the following taxable status date, in the event such veteran,
the spouse of the veteran or unremarried surviving spouse wishes to
receive the exemption in future fiscal years.
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 New York State Board of Real
Property Tax Service. 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 exemption shall continue in full force and
effect for all appropriate subsequent tax years, and the owner or
owners of the property shall not be required to refile each year.
Applicants shall be required to refile on or before the taxable status
date if the disability percentage increases or decreases or may refile
if other changes occurred which affect qualification for an increase
or decrease of the amount of exemption. 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.
Notwithstanding any other provision of law to the contrary,
the provisions of this article shall apply to any real property held
in trust solely for the benefit of a person or persons who would otherwise
be eligible for a real property tax exemption, pursuant to this section,
were such person or persons the owner or owners of such real property.
A.
For the purposes of this article, title to the portion of real property
owned by a cooperative apartment corporation in which a tenant-stockholder
of such corporation resided and which is represented by his or her
share or shares of stock in such corporation as determined by its
or their proportional relationship to the total outstanding stock
of the corporation, including that owned by the corporation, shall
be deemed to be vested in such tenant-stockholder.
B.
Provided that all other eligibility criteria of this article are
met, that proportion of the assessment of such real property owned
by a cooperative apartment corporation determined by the relationship
of such real property vested in such tenant-stockholder to such real
property owned by such cooperative apartment corporation in which
such tenant-stockholder resides shall be subject to exemption from
taxation pursuant to this article, and any exemption so granted shall
be credited by the appropriate taxing authority against the assessed
valuation of such real property; the reduction in real property taxes
realized thereby shall be credited by the cooperative apartment corporation
against the amount of taxes otherwise payable by or chargeable to
such tenant-stockholder.
