[Adopted 3-24-2010 by L.L. No. 2-2010]
A.
This Legislature 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 Real Property
Tax Law § 458-b, 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, 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 or has a qualifying condition, as defined
in Executive Law § 350, and has received a discharge other
than bad conduct or dishonorable from such service, or is a discharged
LGBT veteran, as defined in Executive Law § 350, and has
received a discharge other than bad conduct or dishonorable from such
service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The latest final class ratio established by the New York Commissioner of Taxation and Finance 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 New York State Real Property Tax Law § 1801.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The latest final state equalization rate or special equalization
rate established by the Commissioner of Taxation and Finance. The
Commissioner of Taxation and Finance will establish a special equalization
rate if he/she finds that there has been a material change in the
level of assessment since the establishment of the latest state equalization
rate, but in no event will 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 article.
Where a special equalization rate is established for purposes of this
article, 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 latest 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 final 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 recomputed Cold War veterans
exemption certified by the Assessor on such roll.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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, 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 $36,000 or the product
of $36,000 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's disability rating; provided, however, that such exemption shall not exceed $120,000 or the product of $120,000 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 Real Property Tax Law § 458, or an alternative veterans'
exemption authorized by Real Property Tax Law § 458-a, the
Cold War veteran shall not be eligible to receive an exemption under
this article.
[Amended 11-13-2017 by L.L. No. 12-2017]
The exemption granted by this article shall be granted to qualifying
owners of qualifying real property as long as they remain qualifying
owners. The commencement of such exemption period shall be governed
by this section. Where a qualifying owner owns qualifying residential
real property on the effective date of this article, or such other
date as may be set forth in New York State Real Property Tax Law § 458-b(2)(c),
such exemption period shall be measured from the assessment roll prepared
pursuant to the first taxable status date occurring on or after the
effective date of this article, or such other date as may be set forth
in New York State Real Property Tax Law § 458-b(2)(c). Where
a qualifying owner does not own qualifying residential real property
on the effective date of this article, or such other date as may be
set forth in New York State Real Property Tax Law § 458-b(2)(c),
such exemption period shall be measured from the assessment roll prepared
pursuant to the first taxable status date occurring at least 60 days
after the date of purchase of qualifying residential real property;
provided, however, should the veteran apply for and be granted exemption
on the assessment roll prepared pursuant to a taxable status date
occurring within 60 days after the date of purchase of residential
real property, such exemption period shall apply on the first assessment
roll on which the exemption is effective. If the exempt property is
sold and replaced with other residential real property, the exemption
may be granted on the replacement residential real property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Commissioner of Taxation
and Finance. 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 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 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 article,
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 resides and which is represented by his/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.
This article shall take effect immediately and shall apply to
assessment rolls based on taxable status dates occurring on or after
such date.
