This article shall be known as the "Village
of Phoenix Veterans Tax Exemption Law."
The Village of Phoenix Board of Trustees finds
that it is appropriate to adopt certain veterans tax exemptions provided
for in § 458 of the New York State Real Property Tax Law
(NYSRPTL).
As used in this article, the following terms
shall have the meanings indicated:
The following provisions of Real Property Tax
Law § 458 relative to veteran tax exemptions shall apply
to the real property taxes of eligible citizens of the Village of
Phoenix:
A. RPTL § 458(1), property purchased with eligible
funds. Real property owned by a veteran (or a qualifying family member)
that was purchased with proceeds from certain forms of government
compensation known as "eligible funds" is exempt from general municipal
taxes to the extent that such funds were actually used in purchasing
the property. The exemption may also be granted to a veteran who served
overseas as a flight crew and aviation ground support employee of
Pan American World Airways or one of its subsidiaries or affiliates
as result of Pan American's contract with Air Transport Command or
Naval Air Transport Service during World War II (December 14, 1941
to August 14, 1945); and was discharged or released therefrom under
honorable conditions.
B. RPTL § 458(3), seriously disabled veteran.
The primary residence (including necessary land) of a seriously disabled
veteran is wholly exempt from taxation, special ad valorem levies,
and special assessments, provided that the veteran is either eligible
for or has received financial assistance from the United States government
to equip the residence with special facilities to accommodate the
veteran's disability. The same exemption is allowed for such a residence
owned by the unremarried surviving spouse of such a veteran. Additionally,
such unremarried surviving spouse is entitled to transfer the exemption
to any new housing unit used as his or her primary residence.
C. RPTL § 458(5), property purchased with eligible
funds; increase/decrease in assessed value of property.
(1) If the total assessed value of the real property for
which a § 458(1) exemption has been granted increases or
decreases as the result of the revaluation or update of assessments,
and a material change in level of assessment is certified for the
assessment roll pursuant to the rules of the State Board, the Assessor
shall increase or decrease the amount of such exemption by multiplying
the amount of such exemption by such change in level of assessment.
If the Assessor receives the certification after the completion, verification
and filing of the final assessment roll, the Assessor shall certify
the amount of exemption as recomputed pursuant to this section to
the local officers having custody and control of the roll, and such
local officers are hereby directed and authorized to enter the recomputed
exemption certified by the Assessor or the roll.
(2) Owners of property who previously received an exemption
pursuant to this section but who opted instead to receive exemptions
pursuant to RPRL § 458-a, are hereby authorized to again
receive an exemption pursuant to this section upon application by
the owner within one year of the adoption of this article. The Assessor
shall recompute all exemptions granted pursuant to this section by
multiplying the amount of each such exemption by the cumulative change
in level of assessment certified by the State Board measured from
the assessment roll immediately preceding the assessment roll on which
exemptions were first granted pursuant to RPTL § 458-a;
provided, however, that if an exemption pursuant to this section was
initially granted to a parcel on a later assessment roll, the cumulative
change-in-level factor to be used in recomputing that exemption shall
be measured from the assessment roll immediately preceding the assessment
roll on which that exemption was initially granted. No refunds or
retroactive entitlements shall be granted.