[Adopted 3-11-2008 by L.L. No. 1-2008]
This article is authorized by the Real Property Tax Law § 458-b.
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.
LATEST STATE EQUALIZATION RATE
The latest final equalization rate established by the Commissioner
of Taxation and Finance pursuant to Article 12 of the Real Property
Tax Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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 line of duty on active military, naval
or air service.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
In accordance with the provisions of Real Property Tax Law § 458-b
and pursuant to Chapter 290 of the New York State Laws of 2017, it
is intended that the Cold War exemption remain in effect indefinitely
or until such time as it is revoked by local law or authorizing State
Legislation-required modification.
This article shall take effect immediately upon filing with
the Secretary of State.