The purpose of this article is to increase the
maximum exemption allowable pursuant to § 458-a of the Real
Property Tax Law of the State of New York.
[Amended 1-19-1999 by L.L. No. 2-1999; 11-21-2005 by L.L. No.
6-2005]
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 $36,000 or the product of $36,000 multiplied by the latest state
equalization rate for the Village of Victor.
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 $24,000 or the product of $24,000 multiplied by the latest state equalization rate for the Village of Victor.
C. In addition to the exemptions provided by Subsections
A and
B, where the veteran received a compensation rating from the United States Veteran's 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 $120,000 or the product of $120,000 multiplied by the latest state equalization rate for the Village of Victor.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Notwithstanding the provisions of Paragraph (c) of Subdivision
1 of § 458-a of the NYS Real Property Tax Law and Subdivision
3 of this said section, where a veteran, the spouse of the veteran
or unremarried surviving spouse already receiving an exemption pursuant
to this article sells the 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 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 exempt amount times the fraction of each fiscal year or years
remaining subsequent to the transfer of title. Nothing in this article
shall be construed to remove the requirement that any such veteran,
the spouse of the veteran or unremarried surviving spouse transferring
an exemption pursuant to this subdivision shall reapply for the exemption
authorized pursuant to this article on or before the following taxable
status date, in the event such veteran, the spouse of the veteran
or unremarried surviving spouse wishes to receive the exemption in
future fiscal years.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Include in this exemption granted related to this article are
those military personnel who served in the Reserve component of the
United States Armed Forces that were deemed on active duty under Executive
Order 11519 signed March 23, 1970, 35 Federal Register 5003, dated
March 24, 1970 and later designated by the United States Department
of Defense as Operation Graphic Hand, if such member was discharged
or released therefrom under honorable conditions, provided that such
veteran meets all other qualifications of this article.
Insofar as the provisions of this article are
inconsistent with the provisions of any other local law or act, the
provisions of this article shall be controlling.