[Adopted 2-5-2008 by L.L. No. 3-2008[1]]
[1]
Editor's Note: This local law adopted the
provisions of Real Property Tax Law 458-b.
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 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 class ratio established by the State Board
pursuant to Title 1 of Article 12 of the Real Property Tax Law for
use in a special assessing unit as defined in § 1801 of
the Real Property Tax Law.
The latest final equalization rate established by the State
Board pursuant to 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 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 article.
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.
With respect to disability or death, such disability was
incurred or aggravated, or the death resulted from a disability incurred
or aggravated, in the line of duty on active military, naval or air
service.
A.
Each county, city, town or village may adopt a local
law 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
$8,000 or the product of $8,000 multiplied by the latest state equalization
rate of the assessing unit 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 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 $40,000 or the product of $40,000 multiplied by the latest state equalization rate for the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less.
The exemption from taxation provided by § 142-27 shall be applicable to county, city, town and village taxation but shall not be applicable to taxes levied for school purposes.
A.
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 § 142-27.
C.
The exemption provided by § 142-27A of this article shall be granted for a period of 10 years. The commencement of such ten-year period shall be governed pursuant to this Subsection C.
(1)
Where a qualified owner owns qualifying residential
real property on the effective date of the local law providing for
such exemption, 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 the local law providing for such
exemption.
(2)
Where a qualified owner does not own qualifying residential
real property on the effective date of the local law providing for
such exemption, 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 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.
(3)
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 subdivision for the unexpired portion of the ten-year-exemption period, provided, however, that notwithstanding the ten-year limitation imposed by the foregoing provisions of this subsection, a county, city, town, village or school district that has adopted a local law or resolution pursuant to Chapter 142, Article IX, may adopt a local law or resolution providing that the exemption authorized by this section shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to such ten-year limitation.
[Amended 10-18-2017 by L.L. No. 6-2017]
Notwithstanding the foregoing provisions of
this article, no later than 90 days before the taxable status date
next occurring on or after December 31, 2007, after a public hearing,
the governing body of any county, city, town or village may adopt
a local law to provide that the exemption shall be granted pursuant
to this article for the purposes of taxes levied for such county,
city, town or village. For the purposes of a county which is not an
assessing unit, the taxable status date occurring on or after December
31, 2007, shall mean the first such tax roll for which the county
taxes are levied.
A.
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.
B.
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. Applicants
shall be required to refile on or before the appropriate taxable status
date if the percentage of disability percentage increases or decreases
or may refile if other changes have occurred which affect qualification
for an increased or decreased amount of exemption.
C.
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.
D.
Notwithstanding the provisions of this article or
any other provision of law, in a city having a population of one million
or more, applications for the exemption authorized pursuant to this
article shall be considered timely filed if they are filed on or before
March 15 of the appropriate year.
A local law adopted pursuant to this article
may be repealed by the governing body of the applicable county, city,
town, or village. Such repeal shall occur at least 90 days prior to
the taxable status date of such county, city, town or village.
