§ 11-245.11 Exemption for Cold War veterans.
AC § 11-245.11
a. Definitions. As used in this section, the following terms have the following meanings: Active duty. The term “active duty” means full-time duty in the United States armed forces, other than active duty for training. Armed forces. The term “armed forces” means the United States army, navy, marine corps, air force, and coast guard. Cold War veteran. The term “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 2, 1945 to December 26, 1991, and (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section 1 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 1 of the veterans’ services law, and has received a discharge other than bad conduct or dishonorable from such service. Latest class ratio. The term “latest class ratio” means the latest final class ratio established by the commissioner of taxation and finance pursuant to title 1 of article 12 of the real property tax law for use in a special assessing unit as defined in section 1801 of the real property tax law. Qualified owner. The term “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. Qualified residential real property. The term “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. Service connected. The term “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. b. Amount of exemption; limitations.
1.Qualified residential real property shall be exempt from taxation to the extent of 15 percent of the assessed value of such property; provided however, that such exemption shall not exceed $48,000 or the product of $48,000 multiplied by the latest class ratio, whichever is less.
2.In addition to the exemption provided by paragraph 1 of this subdivision, where a Cold War veteran received a compensation rating from the United States department of veterans affairs or from the United States department of defense because of a service connected disability, qualified residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50 percent of the disability rating for such Cold War veteran; provided, however, that such exemption shall not exceed $160,000, or the product of $160,000 multiplied by the latest class ratio, whichever is less.
3.If a Cold War veteran receives an exemption under section 11-245.45 or 11-245.5, such Cold War veteran shall not be eligible to receive the exemption under this section.
4.The exemption from taxation provided by this subdivision shall be applicable to city and school district taxes.
5.The exemption provided by paragraph 1 of this subdivision shall apply to a qualified owner of qualified residential real property for as long as they remain a qualified owner. c. Application. Application for the exemption provided by this section shall be made by the owner, or all of the owners, of the property on a form prescribed by the commissioner of taxation and finance. Such form shall be furnished by the department of finance and shall be filed with the department of finance on or before March 15 of the appropriate year. 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. Notwithstanding the preceding sentence, an applicant shall be required to refile on or before March 15 of the appropriate year 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. d. Real property held in trust. 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. e. Cooperative corporations.
