Section 458-b of the Real Property Tax Law authorizes the Village
to adopt a local law granting a partial tax exemption for Cold War
veterans.
As used in this article, the following words have the following
meanings:
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 for a
period of more than 365 days in the United States Armed Forces during
the time period from September 2, 1945, to December 26, 1991, was
discharged or released therefrom under honorable conditions and has
been awarded the Cold War recognition certificate as authorized under
Public Law 105-85, the 1998 National Defense Authorization Act.
LATEST CLASS RATIO
The latest class ratio established by the Commissioner pursuant
to Title I 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.
LATEST STATE EQUALIZATION RATE
The latest final state equalization rate or special equalization
rate established by the Commissioner pursuant to Article 12 of the
Real Property Tax Law. The Commissioner shall establish a special
equalization rate if he/she finds that there has been a material change
in the level of assessment since 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 section. Where a special equalization rate is established
for purposes of this section, 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 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 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 computed Cold War veterans
exemption certified by the assessor on such roll.
QUALIFIED OWNER
A Cold War veteran, a 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 the 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 any
portion of such property is not used exclusively for residential purposes,
but is used for other purposes, such portion shall be subject to the
exemption provided in this section. 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.