Cold War Veterans Blog

New York Signs Tax Exemption for Cold War Veterans into law on August 28th.

http://assembly.state.ny.us/leg/?bn=S4697



AN ACT to amend the real property tax law, in relation to authorizing a
real property tax exemption for Cold War veterans

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

1 Section 1. The real property tax law is amended by adding a new
2 section 458-b to read as follows:
3 § 458-b. Exemption for Cold War veterans. 1. As used in this section:
4 (a) "Cold War veteran" means a person, male or female, who served on
5 active duty for a period of more than three hundred sixty-five days in
6 the United States armed forces, during the time period from September
7 second, nineteen hundred forty-five to December twenty-sixth, nineteen
8 hundred ninety-one, was discharged or released therefrom under honorable
9 conditions and has been awarded the Cold War recognition certificate as
10 authorized under Public Law 105-85, the 1998 National Defense Authori-
11 zation Act.
12 (b) "Armed forces" means the United States army, navy, marine corps,
13 air force, and coast guard.
14 (c) "Active duty" means full-time duty in the United States armed
15 forces, other than active duty for training.
16 (d) "Service connected" means, with respect to disability or death,
17 that such disability was incurred or aggravated, or that the death
18 resulted from a disability incurred or aggravated, in line of duty on
19 active military, naval or air service.
20 (e) "Qualified owner" means a Cold War veteran, the spouse of a Cold
21 War veteran, or the unremarried surviving spouse of a deceased Cold War
22 veteran. Where property is owned by more than one qualified owner, the
23 exemption to which each is entitled may be combined. Where a veteran is

EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02934-03-7



S. 4697 2

1 also the unremarried surviving spouse of a veteran, such person may also
2 receive any exemption to which the deceased spouse was entitled.
3 (f) "Qualified residential real property" means property owned by a
4 qualified owner which is used exclusively for residential purposes;
5 provided, however, that in the event that any portion of such property
6 is not used exclusively for residential purposes, but is used for other
7 purposes, such portion shall be subject to taxation and only the remain-
8 ing portion used exclusively for residential purposes shall be subject
9 to the exemption provided by this section. Such property shall be the
10 primary residence of the Cold War veteran or the unremarried surviving
11 spouse of a Cold War veteran; unless the Cold War veteran or unremarried
12 surviving spouse is absent from the property due to medical reasons or
13 institutionalization for up to five years.
14 (g) "Latest state equalization rate" means the latest final equaliza-
15 tion rate established by the state board pursuant to article twelve of
16 this chapter.
17 (h) "Latest class ratio" means the latest final class ratio estab-
18 lished by the state board pursuant to title one of article twelve of
19 this chapter for use in a special assessing unit as defined in section
20 eighteen hundred one of this chapter.
21 2. (a) Each county, city, town or village may adopt a local law to
22 provide that qualifying residential real property shall be exempt from
23 taxation to the extent of either: (i) ten percent of the assessed value
24 of such property; provided however, that such exemption shall not exceed
25 eight thousand dollars or the product of eight thousand dollars multi-
26 plied by the latest state equalization rate of the assessing unit, or,
27 in the case of a special assessing unit, the latest class ratio, which-
28 ever is less or; (ii) fifteen percent of the assessed value of such
29 property; provided however, that such exemption shall not exceed twelve
30 thousand dollars or the product of twelve thousand dollars multiplied by
31 the latest state equalization rate of the assessing unit, or, in the
32 case of a special assessing unit, the latest class ratio, whichever is
33 less.
34 (b) In addition to the exemption provided by paragraph (a) of this
35 subdivision, where the Cold War veteran received a compensation rating
36 from the United States veterans affairs or from the United States
37 department of defense because of a service connected disability, quali-
38 fying residential real property shall be exempt from taxation to the
39 extent of the product of the assessed value of such property, multiplied
40 by fifty percent of the Cold War veteran disability rating; provided,
41 however, that such exemption shall not exceed forty thousand dollars, or
42 the product of forty thousand dollars multiplied by the latest state
43 equalization rate for the assessing unit, or, in the case of a special
44 assessing unit, the latest class ratio, whichever is less.
45 (c) Limitations. (i) The exemption from taxation provided by this
46 subdivision shall be applicable to county, city, town, and village taxa-
47 tion, but shall not be applicable to taxes levied for school purposes.
48 (ii) If a Cold War veteran receives the exemption under section four
49 hundred fifty-eight or four hundred fifty-eight-a of this title, the
50 Cold War veteran shall not be eligible to receive the exemption under
51 this section.
52 (iii) Each county, city, town, or village may adopt a local law to
53 reduce the maximum exemption allowable in subparagraphs (i) and (ii) of
54 paragraph (a) of this subdivision and the exemption allowable in para-
55 graph (b) of this subdivision to six thousand dollars, nine thousand


S. 4697 3

1 dollars and thirty thousand dollars, respectively or four thousand
2 dollars, six thousand dollars and twenty thousand dollars, respectively.
3 (iv) The exemption provided by paragraph (a) of this subdivision shall
4 be granted for a period of ten years. The commencement of such ten year
5 period shall be governed pursuant to this subparagraph. Where a quali-
6 fied owner owns qualifying residential real property on the effective
7 date of this section such ten year period shall be measured from the
8 assessment roll prepared pursuant to the first taxable status date
9 occurring on or after the effective date of this section. Where a quali-
10 fied owner does not own qualifying residential real property on the
11 effective date of this section, such ten year period shall be measured
12 from the assessment roll prepared pursuant to the first taxable status
13 date occurring at least sixty days after the date of purchase of quali-
14 fying residential real property; provided, however, that should the
15 veteran apply for and be granted an exemption on the assessment roll
16 prepared pursuant to a taxable status date occurring within sixty days
17 after the date of purchase of residential real property, such ten year
18 period shall be measured from the first assessment roll in which the
19 exemption occurs. If, before the expiration of such ten year period,
20 such exempt property is sold and replaced with other residential real
21 property, such exemption may be granted pursuant to this subdivision for
22 the unexpired portion of the ten year exemption period.
23 3. Notwithstanding the foregoing provisions of this section, no later
24 than ninety days before the taxable status date next occurring on or
25 after the thirty-first of December, two thousand seven, after a public
26 hearing, the governing body of any county, city, town, or village may
27 adopt a local law to provide that the exemption shall be granted pursu-
28 ant to this section for the purposes of taxes levied for such county,
29 city, town, or village. For the purposes of a county which is not an
30 assessing unit, the taxable status date occurring on or after December
31 thirty-first, two thousand seven shall mean the first such tax roll for
32 which the county taxes are levied.
33 4. Application for exemption shall be made by the owner, or all of the
34 owners, of the property on a form prescribed by the state board. The
35 owner or owners shall file the completed form in the assessor's office
36 on or before the first appropriate taxable status date. The owner or
37 owners of the property shall be required to refile each year. Applicants
38 shall refile on or before the appropriate taxable status date. Any
39 applicant convicted of willfully making any false statement in the
40 application for such exemption shall be subject to the penalties
41 prescribed in the penal law.
42 5. A local law adopted pursuant to this section may be repealed by the
43 governing body of the applicable county, city, town, or village. Such
44 repeal shall occur at least ninety days prior to the taxable status date
45 of such county, city, town, or village.
46 § 2. This act shall take effect January 3, 2008 and shall apply to
47 assessment rolls prepared on the basis of taxable status dates occurring
48 on or after such date.




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Sean P. Eagan
ACWV Public Affairs Director


Cold War Vets Blog