[HISTORY: Adopted by the Town Board of the
Town of Neversink as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-23-2008 by L.L. No. 2-2008]
The purpose of this article is to allow for
a tax exemption for Town of Neversink Cold War veterans, allowable
pursuant to § 458-b of the Real Property Tax Law of the
State of New York, which was created by Chapter 655 of the Laws of
the State of New York for the year 2007.
Definitions as used in this article follow:
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 for a
period of more than 365 days 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 has
been awarded the Cold War Recognition certificate as authorized under
Public Law 1005-85, the 1998 National Defense Authorization Act.
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 for up
to five years.
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.
Pursuant to the provisions of Chapter 655 of
the 2007 Laws of the State of New York amending the Real Property
Tax Law of the State of New York, the maximum veteran's exemption
from real property taxes allowable pursuant to § 458-b of
the Real Property Tax Law is established as follows:
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 the lesser
of $12,000 multiplied by the latest state equalization rate for the
Town of Neversink.
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 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 Town of Neversink, whichever is less.
C.Â
The real property tax exemption granted by this section shall apply
to qualifying owners of qualifying real property for as long as they
remain qualifying owners, without regard to the ten-year limitation
contained in Real Property Tax Law Section 458-b(2)(c)(iii).
[Added 1-10-2018 by L.L. No. 1-2018]
A.Â
If the Cold War veteran receives any 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 this
article.
B.Â
The exemption provided under this article shall be
granted for a period of 10 years.
C.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.
[Adopted 1-13-2016 by L.L. No. 1-2016[1]]
[1]
Editor's Note: This article was originally adopted as Ch.
44 but was redesignated for organizational purposes.
Real property owned by one or more persons, each of whom is
65 years of age or over, or real property owned by a husband and wife,
or by siblings, one of whom is 65 years of age or over, shall be exempt
from taxation by the Town of Neversink to the extent of 50% of the
assessed value thereof or such lesser percent of assessed value thereof
for persons whose maximum income eligibility is increased in accordance
with the provisions of Real Property Tax Law § 467 (1) (b),
Subdivisions (1), (2), and (3).
The maximum income eligibility determined in accordance with
Subdivision 3 of § 467 of the Real Property Tax Law shall
be $20,500, and shall entitle qualified owners to a fifty-percent
exemption.
No exemption shall be allowed except in accordance with the
provisions of § 467 of the Real Property Tax Law for real
property which qualifies by use and ownership upon an application
submitted in the manner provided by such section.
