[Adopted 3-12-2008 by L.L. No. 2-2008]
The purpose of this article is to grant Cold
War veterans, who meet the requirements set forth in § 458-b
of the New York State Real Property Tax Law, with a real property
tax exemption.
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, was discharged or released therefrom
under honorable conditions and satisfies any other requirements set
forth in § 458-b(1)(a) of the New York State Real Property
Tax Law.
The latest final class ratio established by the New York
State Board of Real Property Tax Services pursuant to Title 1 of Article
12 of the New York State Real Property Tax Law for use in a special
assessing unit as defined in § 1801 of the New York State
Real Property Tax Law.
The latest final equalization rate established by the New
York State Board of Real Property Tax Services pursuant to Article
12 of the New York State 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 subject
to such time limitations, if any, as are set forth in § 458-b(1)(f)
of the New York State Real Property Tax Law.
With respect to disability or death, that 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.
A.
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 $75,000 or
the product of $75,000 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.
[Amended 5-25-2022 by L.L. No. 4-2022]
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 Department of Veterans' Affairs or from the United States Department of Defense because of a service-related 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 $250,000 or the product of $250,000 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.
[Amended 5-25-2022 by L.L. No. 4-2022]
C.
If a Cold War veteran receives either a veterans exemption
authorized by § 458 of the New York Real Property Tax Law,
or an alternative veterans exemption authorized by § 458-a
of the New York Real Property Tax Law, the Cold War veteran shall
not be eligible to receive an exemption under this article.
[Amended 12-13-2017 by L.L. No. 7-2017]
The exemption provided by Subsection A of § 440-56 of this article shall be granted for so long as a qualified owner of qualified residential real property remains a qualified owner of such residential real property. The commencement of such period shall be governed pursuant to this section. Where a qualified owner owns qualifying residential real property on the effective date of this article, or such other date as may be set forth in § 458-b(2)(c) of the New York State Real Property Tax Law, such period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this article, or such other date as may be set forth in § 458-b(2)(c) of the New York State Real Property Tax Law. Where a qualified owner does not own qualifying residential real property on the effective date of this article, or such other date as may be set forth in § 458-b(2)(c) of the New York State Real Property Tax Law, such 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 period shall be measured from the first assessment roll in which the exemption occurs. If, during such period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this section for the duration that the owners and property remain qualified.
Application for the exemption set forth in this
article shall be made by the qualified owner, or all of the qualified
owners, of the property on a form prescribed by the New York State
Board of Real Property Tax Services. The owner or owners shall file
the completed form in the Town Assessor's office on or before the
first appropriate taxable status date. The owner or owners of the
property shall be required to refile at such times and under such
circumstances as may be set forth in § 458-b(4) of the New
York State Real Property Tax Law. Any applicant convicted of willfully
making any false statement in the application for such exemption shall
be subject to the penalties prescribed in the New York State Penal
Law.
