Hancock, New York

A Local Law Creating a Cold War Veteran’s Exemption

For the Town of Hancock

Delaware County, NY

Local Law #1 of 2019

SECTION ONE: Purpose.

The purpose of this Article is to grant cold war veterans who meet the requirements set

forth in Section 458-b of the New York State Real Property Tax Law with a real property

tax exemption.

SECTION TWO: Definitions.

As used in this Article:

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-six, nineteen hundred ninety-one, was

discharged or released therefrom under honorable conditions and satisfies any other

requirements set forth in Section 458-b(1)(a) of the New York Real Property Tax Law.

ARMED FORCES – means the United States Army, Navy, Marine Corps, Air Force, and

Coast Guard.

ACTIVE DUTY – means full-time duty in the United States armed forces, other than

active duty training.

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

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 veterans 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 – 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 portions 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 veterans; unless the Cold War veteran or

unremarried surviving spouse is absent from the property due to medical reasons or

institutionalization subject to such time limitations, if any, as are set forth in Section 458-

b(1)(f) of the New York State Real Property Tax Law.

LATEST STATE EQUALIZATION RATE – means the latest final equalization rate

established by the New York State Board of Real Property Tax Services pursuant to

Article Twelve of the New York State Real Property Tax Law.

LATEST CLASS RATIO – means the latest final class ratio established by the New York

State Board of Real Property Tax Services pursuant to Article Twelve of the New York

State Real Property Tax Law for use in a special assessing unit as defined in Section

1801 of the New York State Real Property Tax Law.

SECTION THREE: Amount of Exemption; Limitations.

A. Qualifying residential real property shall be exempt from taxation to the extent of ten

percent (10%) of the assessed value of such property; provided however, that such

exemption shall not exceed Six Thousand ($6,000) Dollars or the product of Six

Thousand ($6,000) Dollars multiplied by the latest state equalization rate of the

assessing unit, or, in the case of a special assessing unit, the latest class ration,

whichever is less.

B. In addition to the exemption provided by subdivision “A” of this Section, 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 related

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 Thirty Thousand ($30,000) Dollars or the product of Thirty Thousand ($30,000)

Dollars multiplied by the latest state equalization rate of the assessing unit, or, in the

case of a special assessing unit, the latest class ration, whichever is less.

C. If a Cold War veterans receives either a veterans’ exemption under Section 458 of

the Real Property Tax Law, or an alternative veterans’ exemption under Article IV of this

Chapter, authorized by Section 458-a of the Real Property Tax Law, the Cold War

veteran shall not be eligible to receive an exemption under this Article.

SECTION FOUR Duration of Exemption.

A. The exception provided by subdivision A of Section 288-30 of this Article shall

be granted for so long as they remain a qualifying owner. The Town of Hancock

has chosen not to impose a ten-year limitation on the exemption. The

commencement of such exempt period shall be governed pursuant to this

Section.

(1) Where a qualified owner owns qualifying residential real property on the effective

date of this Article, or such other date as may be set forth in Section 458-b(2)(c) of the

New York State Real Property Tax Law, such exemption shall be effective from the

assessment roll prepared pursuant to the first taxable status date occurring on or after

the effective date of this Article, or such other date as may be set forth in Section 458-

b(2)(c)of the New York State Real Property Tax Law.

(2) Where a qualified owner does not own qualifying residential real property on the

effective date of this Article, or such other date as may be set forth in Section 458-b(2)

assessment roll prepared pursuant to the first taxable status date occurring at least sixty

(60) 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 (60)

days after the date of purchase of residential real property, such exemption shall be

begin from the first assessment roll in which the exemption occur.

SECTION FIVE: Application for Exemption.

Application for the exemption set forth in this Article shall be made by the qualified

owner, or all of the qualified owners, of the property on a form prescribed by the New

York State Board of Real Property Tax Services. The owner or owners shall file the

completed form in their local assessor’s office on or before the first appropriate taxable

status date. The owner or owners of the property shall be required to refile at such

times and under such circumstances as maybe be set forth in Section 458-b(4) of the

New York State Real Property Tax Law. Any applicant convicted of willfully making any

false statement in the application for such exemption shall be subject to the penalties

prescribed in the New York State Penal Law.

SECTION SIX: This Local Law shall take effect upon its filing in the office of the

Secretary of State and shall apply to assessment rolls based on taxable status dates

occurring on or after such date.

STATE OF NEW YORK

COUNTY OF DELAWARE

TOWN OF HANCOCK

I have compared the preceding copy with the original Local Law on file in this office adopted by the Town board of Hancock at a regular meeting held January 2, 2019, and I DO HEREBY CERTIFY the same to be correct transcript therefrom and of the whole of the original. I further certify the vote thereon was as follows:

MEMBERS PRESENT

MEMBERS ABSENT

VOTE

Jerry Vernold Supervisor

James Gardner, Councilman

Patrick O’Brien, Councilman

Timothy Newman, Councilman

Paul Vetrone, Councilman

aye

Witness my hand and the seal of the Town of Hancock, this 3rd_ day of _January, 2019.

_____________________________

Ann L. Green, Town Clerk