2023 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 one of the veterans' services 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  one of the veterans' services 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
commissioner of the New York state department 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 Casualty 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
department of veterans' services and the office  of  real  property  tax
services.