[Adopted 2-20-1985 by L.L. No. 2-1985]
The purpose of this article is to reduce the
maximum veterans exemption allowable pursuant to § 458-a
of the Real Property Tax Law of the State of New York.
[Amended 4-18-1990 by L.L. No. 1-1990]
Pursuant to the provisions of Subdivision 2(d)
of § 458-a of the Real Property Tax Law of the State of
New York, the maximum veterans exemption from real property taxes
allowable pursuant to § 458-a of the Real Property Tax Law
is established as follows:
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 the lesser
of $12,000 or the product of $12,000 multiplied by the latest state
equalization rate for the Village of Harrison.
B.
In addition to the exemption provided by Subsection A of this section, 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 the lesser of $8,000 or the product of $8,000 multiplied by the latest s equalization rate for the Village of Harrison.
C.
In addition to the exemptions provided by Subsections A and B of this section, where the veteran received a compensation rating from the United States Veterans' Administration 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 veteran's disability rating; provided, however, that such exemption shall not exceed the lesser of $40,000 or the product of $40,000 multiplied by the latest state equalization rate for the Village of Harrison.
[Added 9-4-2008 by L.L. No. 7-2008 (T)]
A.
Purpose. The purpose of this Article is to grant Cold
War veterans who meet the requirements set forth in Section 458-b
of the New York Real Property Tax Law a real property tax exemption.
B.
Definitions. As used in this Article:
1.
"Cold War Veteran" means a person, male or female,
who served on active duty in the United States armed forces during
the time period from September second, nineteen hundred forty-five
to December twenty-sixth, nineteen hundred ninety-one, was discharged
or released therefrom under honorable conditions and satisfies any
other requirements set forth in Section 458-b(1)(a) of the New York
State Real Property Tax Law.
2.
"Armed forces" means the United States Army, Navy,
Marine Corps, Air Force, and Coast Guard.
3.
"Active duty" means full-time duty in the United States
armed forces, other than active duty for training.
4.
"Service connected" means 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 during the period
9/2/45 – 12/26/91.
5.
"Qualified owner" means 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.
6.
"Qualified residential real property" means 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 full
taxation and only the remaining portion used exclusively for residential
purposes shall be subject to exemption provided by this section. Such
property shall be the primary residence of the Cold War veteran, or
of 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 institutionalized subject to
such time limitations, if any, as are set forth in Section 458-b(1)(f)
of the New York State Real Property Tax Law. Qualified residential
real property shall include any real property or co-op ownership held
for the benefit of a veteran, whether held in trust or otherwise.
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When enacted, the attached Local Law would,
with certain exceptions, provide such qualified owners with an exemption
to the extent of fifteen percent (15%) of the assessed value of their
residential real property; provided, however, that such exemption
will not exceed seventy-five thousand dollars ($75,000) or the product
of seventy-five thousand dollars ($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.
The basic Cold War veteran exemption is in the highest amount authorized
by Section 458-b of the Real Property Tax Law.
[Amended 3-18-2010 by L.L. No. 2-2010; 4-7-2022 by L.L. No. 1-2022] |
7.
"Latest state equalization rate" means the latest
final equalization rate established by the New York State Board of
Real Property Tax Services pursuant to Article twelve (12) of the
New York State Real Property Tax Law for use in a special assessing
unit as defined in Section 1801 of the New York State Real Property
Tax Law.
C.
Amount of Exemption;
Limitations.
(1)
Qualifying residential real property shall be exempt
from taxation to the extent of fifteen per cent (15%) of the assessed
value of such property; provided, however, that such exemption shall
not exceed twelve thousand ($12,000) or the product of twelve thousand
dollars ($12,000) 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.
(2)
In addition to the exemption provided by Subdivision
"1" 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-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 fifty percent (50%) of the Cold war veteran disability
rating; provided, however, that such exemption shall not exceed forty
thousand dollars ($40,000) or the product of forty thousand dollars
($40,000) 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.
(3)
If a Cold War veteran receives either a veteran's exemption under Article I of this Chapter, authorized by Section 458 of the Real Property Tax Law, or an alternative veteran's exemption under Article II of this Chapter, authorized by Section 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive an exemption under this Article.
D.
Duration of Exemption. The exemption provided by Subdivision "1" of Section 35-10 b. of this Article shall be granted for a period of ten years. The commencement of such ten-year 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 Section 458-b(2)c of the New York State Real Property Tax Law, 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 this Article, "or effective with 2008 Roll with it showing up in 2009 Taxes on in Taxes after 6/1/08", or such other date as may be set forth in Section 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 Section 458-b(2)c of the New York State Real Property Tax Law, such ten-year period shall be measured from the Assessment Roll prepared pursuant to the first taxable status date occurring at least sixty (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 sixty (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. If, before the expiration of such ten-year period, such exempt property is sold and replaced with other residential real property and is the principal residence of the veteran or spouse, etc. such exemption may be granted on the new property pursuant to this Section for the unexpired portion of the ten year exemption period.
E.
Application for Exemption. Application for the exemption
set forth in this Article shall be prescribed by the New York State
Board of Real Property Tax Services. The owner or owners shall file
the completed form in their local Assessor's office. The property
owner shall be required to refile at such times and under such circumstances
as may be set forth in Section 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.
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This law shall take effect on June 8, 2008 and
shall apply to Assessment Rolls based on taxable status dates occurring
on or after such date and this local law shall take effect immediately
upon filing with the Secretary of the State of New York.
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