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RPTL 458-b

§ 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 was discharged or
released therefrom under honorable conditions. 
         (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 state
board pursuant to article twelve of this chapter. The state board 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 state board 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 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, and village
taxation, but shall not be applicable to taxes levied for school
purposes. 
             (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 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 providing for such exemption. Where a qualified
owner does not own qualifying residential real property on the effective
date of the local law 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. Each county, city, town or village may adopt a local law 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 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. 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 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.
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 state board 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 state board. 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 adopted pursuant to this section may be repealed by the
governing body of the applicable county, city, town, or village. Such
repeal shall occur at least ninety days prior to the taxable status date
of such county, city, town, or village. 
     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 therefore.

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