[Adopted 12-22-2021 by L.L. No. 6-2021]
The Real Property Tax Law of the State of New York was amended by adding a new § 458-b authorizing a real property tax exemption for Cold War veterans. It is the intention of this Town Board of the Town of Chenango, by passage of this newly adopted local law, to provide the exemptions under § 458-b of the Real Property Tax Law to eligible persons for purposes of taxes levied by the Town of Chenango.
A. 
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 state equalization rate or special equalization rate established by the commissioner pursuant to Article 12 of Real Property Tax Law of the State of New York. The commissioner shall establish a special equalization rate if it 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 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 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.
LATEST CLASS RATIO
The latest final class ratio established by the commissioner pursuant to Title 1 of Article 12 of Real Property Tax Law of the State of New York for use in a special assessing unit as defined in § 1801 thereof.
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 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.
SERVICE CONNECTED
Means, 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.
B. 
These definitions are the same as those found in Real Property Tax Law (RPTL) of the State of New York, § 458-b. If there is an inconsistency between this article and the RPTL § 458-b, then the definitions found in § 458-b shall govern.
A. 
The Town Board of the Town of Chenango adopts this article to provide that qualifying residential real property shall be exempt from taxation to the extent of 10% of the assessed value of such property; provided, however, that such exemption shall not exceed $10,000 or the product of $10,000 multiplied by the latest state equalization rate of the Town of Chenango 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 Department of 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 $50,000, or the product of $50,000 multiplied by the latest state equalization rate for the Town of Chenango or, in the case of a special assessing unit, the latest class ratio, whichever is less.
A. 
The exemption from taxation provided by this article shall be applicable to Town real property taxes, commencing with the March 1, 2022, taxable status date, but shall not be applicable to taxes levied for school purposes or for county purposes unless and until the county adopts a similar local law, and/or the school adopts a similar resolution.
B. 
If a Cold War veteran receives the exemption under § 458 or § 458-a of Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption under this article.
C. 
The exemption provided by § 65-11A shall be granted for as long as they remain qualifying owners.
D. 
Application for this exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the State Board. 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. 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.
E. 
This article may be repealed by the Town Board of the Town of Chenango. Such repeal shall occur at least 90 days prior to the Town's taxable status date.