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 the Village
Board of the Village of Endicott by passage of this article to provide
the exemptions under § 458-b of the Real Property Tax Law
to eligible persons for purposes of taxes levied by the Village of
Endicott.
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
This term shall be defined as set forth in § 458-b
of the Real Property Tax Law.
LATEST CLASS RATIO
The latest final class ratio established by the state board pursuant to Title 1 of Article
12 of the Real Property Tax Law of the State of New York for use in a special assessing unit as defined in § 1801 thereof.
LATEST STATE EQUALIZATION RATE
The latest final equalization rate or special equalization rate established by the state board pursuant to Article
12 of the Real Property Tax Law. The state board shall establish a special equalization if it finds 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 the state equalization rate exceeds 100, then the state equalization rate shall be 100 for the purpose of this article. When 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 the special equalization rate instead of the latest state equalization rate applied to 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 recommended Cold War veterans exemption certified by the assessor on such roll.
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 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.