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TOWN OF HANCOCK
LOCAL LAW NO. 1 OF 2019
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) (c) of the New York State Real Property Tax Law, such exemption shall begin from the 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:
Witness my hand and the seal of the Town of Hancock, this 3rd_ day of _January, 2019. _____________________________ Ann L. Green, Town Clerk Town of Hancock | ||||||
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