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 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.
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 for
use in a special assessing unit as defined in § 1801 of
the Real Property Tax Law.
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 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.
SERVICE CONNECTED
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.
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.
B. Each county, city, town or village may adopt a local law to reduce the maximum exemption allowable in §
142-27A of this article and the exemption allowable in §
142-27B of this article to $6,000 and $30,000, respectively, or $4,000 and $20,000, respectively.
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 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.