[Adopted 12-18-2007 by L.L. No. 25-2007]
Editor's Note: This local law stated that it shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2008.
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 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.[Amended 10-24-2017 by L.L. No. 15-2017]
- LATEST CLASS RATIO
- The latest final class ratio established by the state board for use in a special assessing unit.
- LATEST STATE EQUALIZATION RATE
- The latest final equalization rate established by the state board.
- 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, 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.
[Amended 2-12-2013 by L.L. No. 3-2013; 2-28-2017 by L.L. No. 3-2017; 10-24-2017 by L.L. No. 15-2017]
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 $54,000 or the product of $54,000 multiplied by the latest state equalization or the latest class ratio, whichever is less.
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 $180,000 or the product of $180,000 by the latest state equalization rate or the latest class ratio, whichever is less.
If a Cold War veteran receives the exemption under Article VI of this Chapter, the Cold War veteran shall not be eligible to receive the exemption under this section.
Application for 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 owner or owners of the property shall not be required to refile each year. Applicants that have previously filed and received a Cold War veterans exemption with a pending expiration date shall not be required to file, and the exemption shall renew automatically without an expiration 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.
The exemption allowable under this article may be extended to taxation of school districts if the governing body of the school district in which the property is located adopts a resolution providing such exemption as provided in § 458-b(2)(d)(i). Any such resolution shall be provided to the Town of Southold Assessors' office on or before March 1 for the assessment roll issued within the year.
Editor's Note: Thislocal law states that it shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after 1-1-2017.