[Adopted 12-17-2007 by L.L. No. 9-2007]
It is the intention of the Village Board of
the Village of West Haverstraw, by this article, to recognize the
sacrifices made and services rendered by those persons who served
in the active military, naval or air service, or who otherwise qualify
as veterans as hereinafter defined, by providing to them the full
benefits of the Cold War veterans real property tax exemptions established
at § 458-b of the New York State Real Property Tax Law.
The following terms, whenever used or referred
to in this article, shall have the following meanings unless a different
meaning clearly appears in the context.
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.
The latest final equalization rate established by the State
Board pursuant to Title 1 of Article 12 of the Real Property Tax Law.
A Cold War veteran, the spouse of a Cold War veteran or the
unremarried surviving spouse of a 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 Cold War veteran is also
the unremarried surviving spouse of a Cold War 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 so used exclusively for residential
purposes but is used for other purposes, such portion shall be subject
to taxation and the remaining portion only shall be entitled to the
exemption provided by this section. Such property must be the primary
residence of the Cold War veteran or unremarried surviving spouse
of the 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.
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 in the active military,
naval or air service.
The Town of Haverstraw.
The Village of West Haverstraw.
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 $12,000 or
the product of $12,000 multiplied by the latest state equalization
rate for the assessing unit.
B.
In addition to the exemptions provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Veterans' Administration 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 $40,000 or the product of $40,000 multiplied by the latest state equalization rate for the assessing unit. If a Cold War veteran receives the exemption under § 458 or 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption under this section.
C.
The exemption provided by Subsections A and B of this section shall be granted for a period of 10 years. The commencement of such ten-year period shall be governed pursuant to this subsection. Where a qualified owner owns qualifying residential real property on the effective date of this article, such ten-year 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. Where a qualified owner does not own qualifying residential real property on the effective date of this article, such ten-year 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, that should the Cold War veteran apply for and be granted an 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 ten-year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten-year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subsection for the unexpired portion of the ten-year exemption period.
Application for exemption must 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 appropriate taxable status
date. The owner or owners of the property shall be required to refile
each year. Applicants shall refile on or before the appropriate taxable
status date. 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.
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 section, were such person or persons the owner or
owners of such real property.
