[Adopted 5-18-1995 by L.L. No. 2-1995]
[Amended 3-20-1997 by L.L. No. 3-1997; 3-18-1999 by L.L. No.
3-1999]
A.
Qualifying residential real property as defined in
the Real Property Tax Law of the State of New York 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
rate for the assessing unit or, in the case of a special assessing
unit, the latest ratio, whichever is less.
[Amended 5-25-2006 by L.L. No. 6-2006]
B.
In addition to the exemption provided in Subsection A, where the veteran served in a combat theater or combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, qualifying residential real property also 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 $90,000 or the product of $90,000 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.
[Amended 5-25-2006 by L.L. No. 6-2006]
C.
In addition to the exemptions provided by Subsections A and B, where the 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 veterans disability rating; provided, however, that such exemption shall not exceed $180,000 or the product of $180,000 multiplied by the latest equalization rate for the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less. For purposes of this subsection, where a person who served in the active military, naval or air service during a period of war died in service of a service-connected disability, such person shall be deemed to have been assigned a compensation rating of 100%.
[Amended 5-25-2006 by L.L. No. 6-2006; 9-8-2022 by L.L. No. 4-2022]
D.
For the purposes of this section, the real property
tax exemption provided hereunder shall also be available to a Gold
Star Parent, as that term is defined by Subdivision 7 of § 458-a
of the Real Property Tax Law of the State of New York, with regard
to qualifying residential real property occupied by said Gold Star
Parent as such person's primary residence, all in accordance with
Chapter 326 of the Laws of 2000 of the State of New York.
[Added 2-15-2001 by L.L. No. 3-2001]
E.
Veterans who served on active duty in the United States
Armed Forces between September 2, 1945, and December 26, 1991, and
who are not currently receiving either the eligible funds or alternative
veterans exemption shall be eligible for a basic property tax exemption
of up to $54,000 of the assessed value; and an additional exemption
to disabled veterans, equal to $180,000 of the assessed value. The
basic exemption is limited to 10 years, but there is no time limit
for the disabled portion of this exemption. In both instances, the
exemption is limited to the primary residence of the veteran and is
applicable only to general municipal taxes, not to school taxes or
special district levies.
[Added 2-21-2008 by L.L. No. 1-2008;
amended 4-6-2017 by L.L. No. 2-2017]
F.
Where a veteran, the spouse of the veteran or unremarried surviving
spouse already receiving an exemption pursuant to § 458
or 458-a of the Real Property Tax Law of the State of New York sells
property receiving the exemption and purchases property within the
same county, the assessor shall transfer and prorate, for the remainder
of the fiscal year, the exemption which the veteran, spouse of the
veteran or unremarried surviving spouse received. The prorated exemption
shall be based upon the date the veteran, the spouse of the veteran
or unremarried surviving spouse obtains title to the new property
and shall be calculated by multiplying the tax rate or rates for each
municipal corporation which levied taxes, or for which taxes were
levied, on the appropriate tax roll used for the fiscal year or years
during which the transfer occurred times the previously granted amount
times the fraction of each fiscal year or years remaining subsequent
to the transfer of title.
[Added 2-18-2016 by L.L.
No. 2-2016]
A.
If the total assessed value of the real property for
which a veterans exemption has been granted increases or decreases
as the result of a revaluation or update of assessments, and a material
change in level of assessment, as provided in Title 2 of Article 12
of the Real Property Tax Law, is certified for the assessment roll
pursuant to the rules of the State Board, the Assessor shall increase
or decrease the amount of such exemption by multiplying the amount
of such exemption by such change in level of assessment. If the Assessor
receives the certification after the completion, verification and
filing of the final assessment roll, the Assessor shall certify the
amount of exemption as recomputed pursuant to this subsection to the
local officers having custody and control of the roll, and such local
officers are hereby directed and authorized to enter the recomputed
exemption certified by the Assessor on the roll.
B.
Notwithstanding the provisions of Paragraph (b) of
Subdivision 6 of § 458 of the Real Property Tax Law, the
Town of Southeast authorizes owners of real property who previously
received an exemption pursuant to § 458 of the Real Property
Tax Law, but who opted instead to receive an exemption pursuant to
§ 458, to again receive an exemption pursuant to § 458
of the Real Property Tax Law upon application by the owner within
one year of the adoption of this article of the Town Code; and the
Assessor shall recompute all exemptions granted pursuant to this provision
by multiplying the amount of each such exemption by the cumulative
change in level of assessment certified by the State Board measured
from the assessment roll immediately preceding the assessment roll
on which exemptions were first granted pursuant to § 458-a
of the Real Property Tax Law; provided, however, that if an exemption
pursuant to this section was initially granted to the parcel on a
later assessment roll, the cumulative change in level factor to be
used in recomputing that exemption shall be measured from the assessment
roll immediately preceding the assessment roll on which that exemption
was initially granted. No refunds or retroactive entitlements shall
be granted.
C.
If any of the foregoing is at variance with or different
from any provision contained in Chapter 410 of the Laws of 1994 of
the State of New York, the provisions thereof shall supersede any
or all of the foregoing.
