New York Laws
Title 2 - Private Property
458-B - Exemption for Cold War Veterans.

(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 (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section one 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 one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable from such service.
(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
commissioner pursuant to article twelve of this chapter. The
commissioner 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 commissioner 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, and
each school district may adopt a resolution, 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, village, and
school district taxation.
(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 or resolution 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 or resolution providing for
such exemption. Where a qualified owner does not own qualifying
residential real property on the effective date of the local law or
resolution 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, provided
however, that notwithstanding the ten year limitation imposed by the

foregoing provisions of this subparagraph, a county, city, town, village
or school district that has adopted a local law or resolution pursuant
to paragraph (a) of this subdivision may adopt a local law or resolution
providing that the exemption authorized by this section shall apply to
qualifying owners of qualifying real property for as long as they remain
qualifying owners, without regard to such ten year limitation. Each
county, city, town or village may adopt a local law, and each school
district may adopt a resolution, 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, and each school district may adopt
a resolution, 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;
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; and thirty thousand dollars, forty-five thousand
dollars and one hundred fifty 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, and each school district which is within a high-appreciation
municipality is authorized to adopt a resolution, 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;
thirty-eight thousand dollars, fifty-seven thousand dollars and one
hundred ninety thousand dollars, respectively; forty thousand dollars,
sixty thousand dollars and two hundred thousand dollars, respectively;
forty-two thousand dollars, sixty-three thousand dollars and two hundred
ten thousand dollars, respectively; forty-four thousand dollars,
sixty-six thousand dollars and two hundred twenty thousand dollars,
respectively; forty-six thousand dollars, sixty-nine thousand dollars
and two hundred thirty thousand dollars, respectively; forty-eight
thousand dollars, seventy-two thousand dollars and two hundred forty
thousand dollars, respectively; fifty thousand dollars, seventy-five
thousand dollars and two hundred fifty 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 commissioner 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 commissioner. 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 or resolution adopted pursuant to this section may be
repealed by the governing body of the applicable county, city, town,
village, school district or, in the case of a city with a population of
one million or more, the local legislative body. Such repeal shall occur
at least ninety days prior to the taxable status date of such county,
city, town, village, school district or legislative body.
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 therefor.
8. The commissioner shall develop in consultation with the
commissioner of the New York state department of veterans' services a
listing of documents to be used to establish eligibility under this
section, including but not limited to a certificate of release or
discharge from active duty also known as a DD-214 form or an Honorable
Service Certificate/Report of Casualty from the department of defense.
Such information shall be made available to each county, city, town or
village assessor's office, or congressional chartered veterans service
officers who request such information. The listing of acceptable
military records shall be made available on the internet websites of the
department of veterans' services and the office of real property tax
services.

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