NY Real Prop Tax L § 458-B (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2 - Private Property 458-B - Exemption for Cold War Veterans.

§ 458-b. Exemption for Cold War veterans. 1. As used in this section:  (a)  "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, and  (i)  was  discharged  or released  therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty  of  the  executive law, and has received a discharge other than bad conduct or dishonorable from  such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge other than bad conduct or dishonorable from such service.  (b)  "Armed  forces" means the United States army, navy, marine corps, air force, and coast guard.  (c) "Active duty" means full-time duty  in  the  United  States  armed forces, other than active duty for training.  (d)  "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.  (e) "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.  (f) "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  taxation  and  only  the remaining  portion  used  exclusively  for residential purposes shall be subject to the exemption provided by this section. 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.  (g) "Latest state equalization rate"  means  the  latest  final  state equalization  rate  or  special  equalization  rate  established  by the commissioner  pursuant  to  article  twelve   of   this   chapter.   The commissioner  shall  establish  a  special equalization rate if it finds that there has been a material change in the level of  assessment  since the establishment of the latest state equalization rate, but in no event shall  such  special  equalization rate exceed one hundred. In the event that the state equalization rate exceeds one  hundred,  then  the  state equalization rate shall be one hundred for the purposes of this section. Where  a  special  equalization rate is established for purposes of this section, the assessor is directed and authorized to recompute  the  Cold War  veterans  exemption on the assessment roll by applying such special equalization rate instead of the latest state equalization rate  applied in  the  previous  year  and  to make the appropriate corrections on the assessment roll, notwithstanding the fact that such assessor may receive the special equalization rate after  the  completion,  verification  and filing  of  such  final  assessment roll. In the event that the assessor does  not  have  custody  of  the  roll  when  such   recomputation   is accomplished, the assessor shall certify such recomputation to the local officers  having  custody  and  control  of  such  roll,  and such local officers are hereby directed and authorized to enter the recomputed Cold War veterans exemption certified by the assessor on such roll.  (h)  "Latest  class  ratio"  means  the  latest  final   class   ratio established  by the commissioner pursuant to title one of article twelve of this chapter for use in  a  special  assessing  unit  as  defined  in section eighteen hundred one of this chapter.   2.  (a)  Each county, city, town or village may adopt a local law, and each school district may adopt a resolution, to provide that  qualifying residential real property shall be exempt from taxation to the extent of either: (i) ten percent of the assessed value of such property; provided however,  that such exemption shall not exceed eight thousand dollars or the product of eight thousand dollars 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  or;  (ii) fifteen  percent  of  the  assessed  value  of  such  property; provided however, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by  the  latest  state equalization  rate  for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.  (b) In addition to the exemption provided by  paragraph  (a)  of  this subdivision,  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 fifty percent of the Cold War veteran  disability  rating; provided,  however,  that such exemption shall not exceed forty thousand dollars, or the product of forty  thousand  dollars  multiplied  by  the latest  state  equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.  (c) Limitations. (i) The exemption  from  taxation  provided  by  this subdivision  shall  be  applicable  to  county, city, town, village, and school district taxation.  (ii) If a Cold War veteran receives the exemption under  section  four hundred  fifty-eight  or  four  hundred fifty-eight-a of this title, the Cold War veteran shall not be eligible to receive  the  exemption  under this section.  (iii)  The  exemption  provided  by  paragraph (a) of this subdivision shall be granted for a period of ten years. The commencement of such ten year period shall be governed pursuant to  this  subparagraph.  Where  a qualified  owner  owns  qualifying  residential  real  property  on  the effective date of  the  local  law  or  resolution  providing  for  such exemption,  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 the local law or resolution providing for such  exemption.  Where  a  qualified  owner  does  not  own  qualifying residential  real  property  on  the  effective date of the local law or resolution providing for such exemption, such ten year period  shall  be measured from the assessment roll prepared pursuant to the first taxable status  date occurring at least sixty 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 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, such exemption may be granted pursuant to this subdivision for the unexpired  portion  of  the  ten  year  exemption  period,  provided however,  that  notwithstanding  the  ten year limitation imposed by the  foregoing provisions of this subparagraph, a county, city, town, village or school district that has adopted a local law or  resolution  pursuant to paragraph (a) of this subdivision may adopt a local law or resolution providing  that  the exemption authorized by this section shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to  such  ten  year  limitation.  Each county,  city,  town  or  village may adopt a local law, and each school district may  adopt  a  resolution,  to  reduce  the  maximum  exemption allowable  in paragraphs (a) and (b) of this subdivision to six thousand dollars,  nine   thousand   dollars   and   thirty   thousand   dollars, respectively,  or four thousand dollars, six thousand dollars and twenty thousand dollars, respectively. Each county, city, town, or  village  is also authorized to adopt a local law, and each school district may adopt a  resolution, to increase the maximum exemption allowable in paragraphs (a) and (b)  of  this  subdivision  to  ten  thousand  dollars,  fifteen thousand  dollars  and  fifty  thousand  dollars,  respectively;  twelve thousand dollars, eighteen thousand dollars and sixty thousand  dollars, respectively; fourteen thousand dollars, twenty-one thousand dollars and seventy   thousand  dollars,  respectively;  sixteen  thousand  dollars, twenty-four thousand dollars and eighty thousand dollars,  respectively; eighteen  thousand  dollars,  twenty-seven  thousand  dollars and ninety thousand dollars, respectively; twenty thousand dollars, thirty thousand dollars and  one  hundred  thousand  dollars,  respectively;  twenty-two thousand  dollars,  thirty-three  thousand  dollars  and one hundred ten thousand dollars, respectively; twenty-four thousand dollars, thirty-six thousand dollars and one hundred twenty thousand dollars,  respectively; twenty-six  thousand  dollars,  thirty-nine  thousand  dollars,  and one hundred thirty thousand  dollars,  respectively;  twenty-eight  thousand dollars,  forty-two  thousand  dollars,  and  one hundred forty thousand dollars, respectively; and thirty thousand dollars, forty-five  thousand dollars  and  one  hundred  fifty  thousand  dollars,  respectively.  In addition, a county, city, town or village which is a  "high-appreciation municipality"  as  defined in this subparagraph is authorized to adopt a local law, and each school district which is within a  high-appreciation municipality  is  authorized  to  adopt  a  resolution,  to increase the maximum  exemption  allowable  in  paragraphs  (a)  and  (b)   of   this subdivision to twenty-six thousand dollars, thirty-nine thousand dollars and  one  hundred  thirty  thousand  dollars, respectively; twenty-eight thousand dollars, forty-two  thousand  dollars  and  one  hundred  forty thousand  dollars,  respectively;  thirty  thousand  dollars, forty-five thousand dollars and one hundred fifty thousand  dollars,  respectively; thirty-two  thousand  dollars,  forty-eight  thousand  dollars  and  one hundred  sixty  thousand  dollars,  respectively;  thirty-four  thousand dollars,  fifty-one  thousand  dollars  and one hundred seventy thousand dollars, respectively; thirty-six thousand dollars, fifty-four  thousand dollars   and   one   hundred  eighty  thousand  dollars,  respectively; thirty-eight thousand dollars,  fifty-seven  thousand  dollars  and  one hundred  ninety  thousand dollars, respectively; forty thousand dollars, sixty thousand dollars and two hundred thousand  dollars,  respectively; forty-two thousand dollars, sixty-three thousand dollars and two hundred ten   thousand   dollars,  respectively;  forty-four  thousand  dollars, sixty-six thousand dollars and  two  hundred  twenty  thousand  dollars, respectively;  forty-six  thousand  dollars, sixty-nine thousand dollars and two  hundred  thirty  thousand  dollars,  respectively;  forty-eight thousand  dollars,  seventy-two  thousand  dollars and two hundred forty thousand dollars, respectively;  fifty  thousand  dollars,  seventy-five thousand  dollars  and two hundred fifty thousand dollars, respectively. For purposes of this subparagraph,  a  "high-appreciation  municipality"  means:  (A)  a  special  assessing unit that is a city, (B) a county for which the commissioner has established a sales price differential factor for purposes of the STAR exemption authorized by  section  four  hundred twenty-five  of  this  title in three consecutive years, and (C) a city, town or village which is wholly or partly located within such a county.   3. Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by  the  commissioner.  The owner  or  owners shall file the completed form in the assessor's office on or before the first appropriate taxable status  date.  The  exemption shall  continue  in full force and effect for all appropriate subsequent tax years and the owner or owners of the property shall not be  required to refile each year. Applicants shall be required to refile on or before the  appropriate  taxable  status  date  if the percentage of disability percentage increases or decreases or may refile if  other  changes  have occurred which affect qualification for an increased or decreased amount of  exemption.  Any  applicant  convicted  of willfully making any false statement in the application for such exemption shall be subject to  the penalties prescribed in the penal law.    4.  Notwithstanding  the  provisions  of  this  section  or any other provision of law, in a city having a population of one million or  more, applications for the exemption authorized pursuant to this section shall be  considered timely filed if they are filed on or before the fifteenth day of March of the appropriate year.   5. A local law or resolution adopted pursuant to this section  may  be repealed  by  the  governing  body of the applicable county, city, town, village, school district or, in the case of a city with a population  of one million or more, the local legislative body. Such repeal shall occur at  least  ninety  days prior to the taxable status date of such county, city, town, village, school district or legislative body.   6. Notwithstanding any other provision of law  to  the  contrary,  the provisions  of  this  section  shall  apply to any real property held in trust solely for the benefit of a person or persons who would  otherwise be eligible for a real property tax exemption, pursuant to this section, were such person or persons the owner or owners of such real property.   7.  (a) For the purposes of this section, title to the portion of real property owned  by  a  cooperative  apartment  corporation  in  which  a tenant-stockholder  of such corporation resides and which is represented by his or her share or shares of stock in such corporation as determined by its or their proportional relationship to the total outstanding stock of the corporation, including that owned by the  corporation,  shall  be deemed to be vested in such tenant-stockholder.  (b)  Provided  that all other eligibility criteria of this section are met, that proportion of the assessment of such real property owned by  a cooperative apartment corporation determined by the relationship of such real  property  vested  in such tenant-stockholder to such real property owned  by  such  cooperative  apartment  corporation   in   which   such tenant-stockholder  resides  shall be subject to exemption from taxation pursuant to this section and any exemption so granted shall be  credited by  the  appropriate  taxing authority against the assessed valuation of such real property;  the  reduction  in  real  property  taxes  realized thereby  shall  be  credited  by  the  cooperative apartment corporation against the amount of such taxes otherwise payable by or  chargeable  to such tenant-stockholder.  (c)   Notwithstanding   paragraph   (b)   of   this   subdivision,   a tenant-stock-holder who resides in a dwelling that  is  subject  to  the provisions  of  either  article two, four, five or eleven of the private housing finance law shall not be eligible for an exemption  pursuant  to this section.  (d)  Notwithstanding  paragraph (b) of this subdivision, real property owned by a cooperative corporation may be exempt from taxation  pursuant to this section by a municipality in which such property is located only if the governing body of such municipality, after public hearing, adopts a local law, ordinance or resolution providing therefor.   8. The commissioner shall develop in consultation with the director of the New York state division of veterans' services a listing of documents to  be  used  to establish eligibility under this section, including but not limited to a certificate of release or discharge  from  active  duty also  known  as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information  shall  be made  available to each county, city, town or village assessor's office, or congressional chartered veterans service officers  who  request  such information.  The  listing  of acceptable military records shall be made available on the internet websites of the division of veterans' services and the office of real property tax services.