[Adopted 12-18-2007 by L.L. No. 25-2007[1]]
[1]
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.
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 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]
The latest final class ratio established by the state board
for use in a special assessing unit.
The latest final equalization rate established by the state
board.
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 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.
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;[1] 10-24-2017 by L.L.
No. 15-2017]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
[1]
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.
