§ 458-B — Exemption for Cold War veterans

New York § 458-B

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2: Private Property
• Art. 4: Exemptions

Text

§ 458-b. Exemption for Cold War veterans. 1. As used in this section:\n (a) "Cold War veteran" means a person, male or female, who served on\nactive duty in the United States armed forces, during the time period\nfrom September second, nineteen hundred forty-five to December\ntwenty-sixth, nineteen hundred ninety-one, and (i) was discharged or\nreleased therefrom under honorable conditions, or (ii) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (iii) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service.\n (b) "Armed forces" means the United States army, navy, marine corps,\nair force, and coast guard.\n (c) "Active duty" means full-time duty in the United States armed\nforces, other than active duty for training.\n (d) "Service connected" means, with respect to disability or death,\nthat such disability was incurred or aggravated, or that the death\nresulted from a disability incurred or aggravated, in line of duty on\nactive military, naval or air service.\n (e) "Qualified owner" means a Cold War veteran, the spouse of a Cold\nWar veteran, or the unremarried surviving spouse of a deceased Cold War\nveteran. Where property is owned by more than one qualified owner, the\nexemption to which each is entitled may be combined. Where a veteran is\nalso the unremarried surviving spouse of a veteran, such person may also\nreceive any exemption to which the deceased spouse was entitled.\n (f) "Qualified residential real property" means property owned by a\nqualified owner which is used exclusively for residential purposes;\nprovided, however, that in the event that any portion of such property\nis not used exclusively for residential purposes, but is used for other\npurposes, such portion shall be subject to taxation and only the\nremaining portion used exclusively for residential purposes shall be\nsubject to the exemption provided by this section. Such property shall\nbe the primary residence of the Cold War veteran or the unremarried\nsurviving spouse of a Cold War veteran, unless the Cold War veteran or\nunremarried surviving spouse is absent from the property due to medical\nreasons or institutionalization.\n (g) "Latest state equalization rate" means the latest final state\nequalization rate or special equalization rate established by the\ncommissioner pursuant to article twelve of this chapter. The\ncommissioner shall establish a special equalization rate if it finds\nthat there has been a material change in the level of assessment since\nthe establishment of the latest state equalization rate, but in no event\nshall such special equalization rate exceed one hundred. In the event\nthat the state equalization rate exceeds one hundred, then the state\nequalization rate shall be one hundred for the purposes of this section.\nWhere a special equalization rate is established for purposes of this\nsection, the assessor is directed and authorized to recompute the Cold\nWar veterans exemption on the assessment roll by applying such special\nequalization rate instead of the latest state equalization rate applied\nin the previous year and to make the appropriate corrections on the\nassessment roll, notwithstanding the fact that such assessor may receive\nthe special equalization rate after the completion, verification and\nfiling of such final assessment roll. In the event that the assessor\ndoes not have custody of the roll when such recomputation is\naccomplished, the assessor shall certify such recomputation to the local\nofficers having custody and control of such roll, and such local\nofficers are hereby directed and authorized to enter the recomputed Cold\nWar veterans exemption certified by the assessor on such roll.\n (h) "Latest class ratio" means the latest final class ratio\nestablished by the commissioner pursuant to title one of article twelve\nof this chapter for use in a special assessing unit as defined in\nsection eighteen hundred one of this chapter.\n 2. (a) Each county, city, town or village may adopt a local law, and\neach school district may adopt a resolution, to provide that qualifying\nresidential real property shall be exempt from taxation to the extent of\neither: (i) ten percent of the assessed value of such property; provided\nhowever, that such exemption shall not exceed eight thousand dollars or\nthe product of eight thousand dollars multiplied by the latest state\nequalization rate of the assessing unit, or, in the case of a special\nassessing unit, the latest class ratio, whichever is less or; (ii)\nfifteen percent of the assessed value of such property; provided\nhowever, that such exemption shall not exceed twelve thousand dollars or\nthe product of twelve thousand dollars multiplied by the latest state\nequalization rate for the assessing unit, or, in the case of a special\nassessing unit, the latest class ratio, whichever is less.\n (b) In addition to the exemption provided by paragraph (a) of this\nsubdivision, where the Cold War veteran received a compensation rating\nfrom the United States veterans affairs or from the United States\ndepartment of defense because of a service connected disability,\nqualifying residential real property shall be exempt from taxation to\nthe extent of the product of the assessed value of such property,\nmultiplied by fifty percent of the Cold War veteran disability rating;\nprovided, however, that such exemption shall not exceed forty thousand\ndollars, or the product of forty thousand dollars multiplied by the\nlatest state equalization rate for the assessing unit, or, in the case\nof a special assessing unit, the latest class ratio, whichever is less.\n (c) Limitations. (i) The exemption from taxation provided by this\nsubdivision shall be applicable to county, city, town, village, and\nschool district taxation.\n (ii) If a Cold War veteran receives the exemption under section four\nhundred fifty-eight or four hundred fifty-eight-a of this title, the\nCold War veteran shall not be eligible to receive the exemption under\nthis section.\n (iii) The exemption provided by paragraph (a) of this subdivision\nshall be granted for a period of ten years. The commencement of such ten\nyear period shall be governed pursuant to this subparagraph. Where a\nqualified owner owns qualifying residential real property on the\neffective date of the local law or resolution providing for such\nexemption, such ten year period shall be measured from the assessment\nroll prepared pursuant to the first taxable status date occurring on or\nafter the effective date of the local law or resolution providing for\nsuch exemption. Where a qualified owner does not own qualifying\nresidential real property on the effective date of the local law or\nresolution providing for such exemption, such ten year period shall be\nmeasured from the assessment roll prepared pursuant to the first taxable\nstatus date occurring at least sixty days after the date of purchase of\nqualifying residential real property; provided, however, that should the\nveteran apply for and be granted an exemption on the assessment roll\nprepared pursuant to a taxable status date occurring within sixty days\nafter the date of purchase of residential real property, such ten year\nperiod shall be measured from the first assessment roll in which the\nexemption occurs. If, before the expiration of such ten year period,\nsuch exempt property is sold and replaced with other residential real\nproperty, such exemption may be granted pursuant to this subdivision for\nthe unexpired portion of the ten year exemption period, provided\nhowever, that notwithstanding the ten year limitation imposed by the\nforegoing provisions of this subparagraph, a county, city, town, village\nor school district that has adopted a local law or resolution pursuant\nto paragraph (a) of this subdivision may adopt a local law or resolution\nproviding that the exemption authorized by this section shall apply to\nqualifying owners of qualifying real property for as long as they remain\nqualifying owners, without regard to such ten year limitation. Each\ncounty, city, town or village may adopt a local law, and each school\ndistrict may adopt a resolution, to reduce the maximum exemption\nallowable in paragraphs (a) and (b) of this subdivision to six thousand\ndollars, nine thousand dollars and thirty thousand dollars,\nrespectively, or four thousand dollars, six thousand dollars and twenty\nthousand dollars, respectively. Each county, city, town, or village is\nalso authorized to adopt a local law, and each school district may adopt\na resolution, to increase the maximum exemption allowable in paragraphs\n(a) and (b) of this subdivision to ten thousand dollars, fifteen\nthousand dollars and fifty thousand dollars, respectively; twelve\nthousand dollars, eighteen thousand dollars and sixty thousand dollars,\nrespectively; fourteen thousand dollars, twenty-one thousand dollars and\nseventy thousand dollars, respectively; sixteen thousand dollars,\ntwenty-four thousand dollars and eighty thousand dollars, respectively;\neighteen thousand dollars, twenty-seven thousand dollars and ninety\nthousand dollars, respectively; twenty thousand dollars, thirty thousand\ndollars and one hundred thousand dollars, respectively; twenty-two\nthousand dollars, thirty-three thousand dollars and one hundred ten\nthousand dollars, respectively; twenty-four thousand dollars, thirty-six\nthousand dollars and one hundred twenty thousand dollars, respectively;\ntwenty-six thousand dollars, thirty-nine thousand dollars, and one\nhundred thirty thousand dollars, respectively; twenty-eight thousand\ndollars, forty-two thousand dollars, and one hundred forty thousand\ndollars, respectively; and thirty thousand dollars, forty-five thousand\ndollars and one hundred fifty thousand dollars, respectively. In\naddition, a county, city, town or village which is a "high-appreciation\nmunicipality" as defined in this subparagraph is authorized to adopt a\nlocal law, and each school district which is within a high-appreciation\nmunicipality is authorized to adopt a resolution, to increase the\nmaximum exemption allowable in paragraphs (a) and (b) of this\nsubdivision to twenty-six thousand dollars, thirty-nine thousand dollars\nand one hundred thirty thousand dollars, respectively; twenty-eight\nthousand dollars, forty-two thousand dollars and one hundred forty\nthousand dollars, respectively; thirty thousand dollars, forty-five\nthousand dollars and one hundred fifty thousand dollars, respectively;\nthirty-two thousand dollars, forty-eight thousand dollars and one\nhundred sixty thousand dollars, respectively; thirty-four thousand\ndollars, fifty-one thousand dollars and one hundred seventy thousand\ndollars, respectively; thirty-six thousand dollars, fifty-four thousand\ndollars and one hundred eighty thousand dollars, respectively;\nthirty-eight thousand dollars, fifty-seven thousand dollars and one\nhundred ninety thousand dollars, respectively; forty thousand dollars,\nsixty thousand dollars and two hundred thousand dollars, respectively;\nforty-two thousand dollars, sixty-three thousand dollars and two hundred\nten thousand dollars, respectively; forty-four thousand dollars,\nsixty-six thousand dollars and two hundred twenty thousand dollars,\nrespectively; forty-six thousand dollars, sixty-nine thousand dollars\nand two hundred thirty thousand dollars, respectively; forty-eight\nthousand dollars, seventy-two thousand dollars and two hundred forty\nthousand dollars, respectively; fifty thousand dollars, seventy-five\nthousand dollars and two hundred fifty thousand dollars, respectively.\nFor purposes of this subparagraph, a "high-appreciation municipality"\nmeans: (A) a special assessing unit that is a city, (B) a county for\nwhich the commissioner has established a sales price differential factor\nfor purposes of the STAR exemption authorized by section four hundred\ntwenty-five of this title in three consecutive years, and (C) a city,\ntown or village which is wholly or partly located within such a county.\n 3. Application for exemption shall be made by the owner, or all of the\nowners, of the property on a form prescribed by the commissioner. The\nowner or owners shall file the completed form in the assessor's office\non or before the first appropriate taxable status date. The exemption\nshall continue in full force and effect for all appropriate subsequent\ntax years and the owner or owners of the property shall not be required\nto refile each year. Applicants shall be required to refile on or before\nthe appropriate taxable status date if the percentage of disability\npercentage increases or decreases or may refile if other changes have\noccurred which affect qualification for an increased or decreased amount\nof exemption. Any applicant convicted of willfully making any false\nstatement in the application for such exemption shall be subject to the\npenalties prescribed in the penal law.\n 4. Notwithstanding the provisions of this section or any other\nprovision of law, in a city having a population of one million or more,\napplications for the exemption authorized pursuant to this section shall\nbe considered timely filed if they are filed on or before the fifteenth\nday of March of the appropriate year.\n 5. A local law or resolution adopted pursuant to this section may be\nrepealed by the governing body of the applicable county, city, town,\nvillage, school district or, in the case of a city with a population of\none million or more, the local legislative body. Such repeal shall occur\nat least ninety days prior to the taxable status date of such county,\ncity, town, village, school district or legislative body.\n 6. Notwithstanding any other provision of law to the contrary, the\nprovisions of this section shall apply to any real property held in\ntrust solely for the benefit of a person or persons who would otherwise\nbe eligible for a real property tax exemption, pursuant to this section,\nwere such person or persons the owner or owners of such real property.\n 7. (a) For the purposes of this section, title to the portion of real\nproperty owned by a cooperative apartment corporation in which a\ntenant-stockholder of such corporation resides and which is represented\nby his or her share or shares of stock in such corporation as determined\nby its or their proportional relationship to the total outstanding stock\nof the corporation, including that owned by the corporation, shall be\ndeemed to be vested in such tenant-stockholder.\n (b) Provided that all other eligibility criteria of this section are\nmet, that proportion of the assessment of such real property owned by a\ncooperative apartment corporation determined by the relationship of such\nreal property vested in such tenant-stockholder to such real property\nowned by such cooperative apartment corporation in which such\ntenant-stockholder resides shall be subject to exemption from taxation\npursuant to this section and any exemption so granted shall be credited\nby the appropriate taxing authority against the assessed valuation of\nsuch real property; the reduction in real property taxes realized\nthereby shall be credited by the cooperative apartment corporation\nagainst the amount of such taxes otherwise payable by or chargeable to\nsuch tenant-stockholder.\n (c) Notwithstanding paragraph (b) of this subdivision, a\ntenant-stock-holder who resides in a dwelling that is subject to the\nprovisions of either article two, four, five or eleven of the private\nhousing finance law shall not be eligible for an exemption pursuant to\nthis section.\n (d) Notwithstanding paragraph (b) of this subdivision, real property\nowned by a cooperative corporation may be exempt from taxation pursuant\nto this section by a municipality in which such property is located only\nif the governing body of such municipality, after public hearing, adopts\na local law, ordinance or resolution providing therefor.\n 8. The commissioner shall develop in consultation with the\ncommissioner of the New York state department of veterans' services a\nlisting of documents to be used to establish eligibility under this\nsection, including but not limited to a certificate of release or\ndischarge from active duty also known as a DD-214 form or an Honorable\nService Certificate/Report of Casualty from the department of defense.\nSuch information shall be made available to each county, city, town or\nvillage assessor's office, or congressional chartered veterans service\nofficers who request such information. The listing of acceptable\nmilitary records shall be made available on the internet websites of the\ndepartment of veterans' services and the office of real property tax\nservices.\n