[Adopted 7-2-2008 by L.L. No. 2-2008]
The purpose of this article is to provide a
real property tax exemption to Cold War veterans residing in the Town
of New Windsor under enabling legislation of the New York State Real
Property Tax Law, § 458-b, as amended.
A.
ACTIVE DUTY
COLD WAR VETERAN
As used in this article, the following terms shall
have the meanings indicated:
Full-time duty in the Army, Navy, Marine Corps, Air Force
or Coast Guard.
A person who served on active duty in the United States Armed
Forces, other than active duty for training.
B.
The period of the Cold War is from September 2, 1945
to December 26, 1991.
A.
The property must be owned by 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.
B.
The property must be the primary residence of the
Cold War veteran or the unremarried surviving spouse of a Cold War
veteran. Only the residential portion of a property is eligible for
this exemption.
C.
The veteran must have been discharged or released
under honorable conditions. The veteran must file an application with
the Assessor's Office and include a copy of his or her DD-214, which
documents his or her service in the armed forces. The veteran needs
to file once; there is no annual renewal application.
A.
Qualifying real property shall be exempt from taxation
to the extent provided for in Real Property Tax Law (RPTL) § 458-b,
subsection 2(a)(ii): fifteen percent of the assessed value of such
property; provided, however, such exemption shall not exceed $9,000
or the product of $9,000 multiplied by the latest state equalization
rate, whichever is less.
B.
In addition to the exemption provided by RPTL § 458-b,
subsection 2(a)(ii), as described above, 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 $30,000, or
the product of $30,000 multiplied by the latest state equalization
rate, whichever is less.
C.
Pursuant to RPTL § 458-b, as amended, the exemption provided by Subsection A above shall be granted to qualifying owners of qualifying real property for as long as they remain qualifying owners.
[Amended 2-7-2018 by L.L.
No. 2-2018]
D.
If a Cold War veteran receives the existing eligible
funds veterans exemption or the alternative veterans exemption (RPTL
§§ 458 and 458-a, respectively) he or she cannot also
receive the Cold War veterans exemption.
