[Adopted 11-13-2007 by L.L. No. 3-2007]
This article is authorized by Real Property Tax Law § 458-b.
As used in this article, the following terms shall have the
meanings indicated:
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.
[Amended 5-12-2008 by L.L. No. 3-2008]
The latest final equalization rate established by the Commissioner
of Finance and Taxation.[1]
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.
[Amended 5-12-2008 by L.L. No. 3-2008]
With respect to disability or death, means 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 $45,000 or the product
of $45,000 multiplied by the latest state equalization rate of the
assessing unit.
[Amended 11-9-2022 by L.L. No. 3-2022[1]]
[1]
Editor's Note: This local law provided that such exemptions
shall not exceed $54,000 or the product of $54,000 multiplied by the
latest state equalization rate of the assessing unit, effective March
1, 2025.
B.
In addition to the exemption provided by the above Subsection A, 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 $150,000, or the product of $150,000 multiplied by the latest state equalization rate for the assessing unit.
[Amended 11-9-2022 by L.L. No. 3-2022[2]]
[2]
Editor's Note: This local law provided that such exemptions
shall not exceed $180,000 or the product of $180,000 multiplied by
the latest state equalization rate of the assessing unit, effective
March 1, 2025.
C.
Limitations.
(1)
The exemption from taxation provided by this section shall be applicable
to County taxes.
(2)
If a Cold War veteran receives the exemption under Real Property
Tax Law § 458 or § 458-a, the Cold War veteran
shall not be eligible to receive the exemption under this article.
(3)
Notwithstanding the ten-year limitation imposed by Real Property
Tax Law § 458-b, pursuant to Subsection 2(c)(iii) of § 458-b
of the New York State Real Property Tax Law, the exemption provided
by this article, as amended by Local Law No. 3 of 2008, shall be granted
to qualifying owners of qualifying real property for as long as they
remain qualifying owners, without regard to such ten-year limitation.
[Amended 12-7-2017 by L.L. No. 1-2018[3]]
[3]
Editor's Note: This local law provided that it shall take
effect immediately upon filing with the Secretary of State and shall
apply to assessment rolls prepared on the basis of taxable status
dates occurring on or after such date.
[Amended 5-12-2008 by L.L. No. 3-2008[1]]
Application for exemption shall be made by the owner, or all
of the owners, of the property on a form prescribed by the Commissioner
of Finance and Taxation. The owner or owners shall file the completed
form in the 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 appropriate taxable status
date if the percentage of disability percentage increases or decreases
or may refile if other changes have occurred which affect qualification
for an increased or decreased 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 Penal
Law.
[1]
Editor's Note: Former § 264-51, Effective date,
was repealed 11-9-2022 by L.L. No. 3-2022. This local law provided
that it shall take effect immediately upon filing with the New York
State Secretary of State and shall apply to assessment rolls prepared
on the basis of taxable status dates occurring on or after such date
as set forth herein.
