S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4979
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. BARRETT, DenDEKKER, MOSLEY, OTIS, HAWLEY, BLAKE,
   LUPARDO, ABBATE, SIMANOWITZ, CRESPO, GOTTFRIED, COOK, LAWRENCE,  OAKS,
   RAIA  --  Multi-Sponsored  by  -- M. of A. CROUCH, HOOPER, McLAUGHLIN,
   THIELE -- read once and referred to the Committee on Veterans' Affairs
 
 AN ACT to amend the real  property  tax  law,  in  relation  to  certain
   exemptions for veterans
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 2 of section 458-a of the real
 property tax law, as amended by chapter 100 of  the  laws  of  1988,  is
 amended to read as follows:
   (c)  (I)  In addition to the exemptions provided by paragraphs (a) and
 (b) of this subdivision,  where  the  veteran  received  a  compensation
 rating  from  the  United  States  veteran's  administration or from the
 United States department of defense because of a service connected disa-
 bility, qualifying residential real property shall be exempt from  taxa-
 tion to the extent of the product of the assessed value of such property
 multiplied   by  fifty  percent  of  the  veteran's  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. For
 purposes of this paragraph, where a person  who  served  in  the  active
 military, naval or air service during a period of war died in service of
 a service connected disability, such person shall be deemed to have been
 assigned a compensation rating of one hundred percent.
   (II)  A  COUNTY,  CITY,  TOWN, VILLAGE OR SCHOOL DISTRICT MAY, AFTER A
 PUBLIC HEARING, ADOPT A LOCAL LAW OR RESOLUTION TO ALLOW A  VETERAN  WHO
 HAS  FILED FOR DISABILITY COMPENSATION PURSUANT TO 38 U.S.C. 1110 ET SEQ
 AND IS WAITING FOR A FINAL DETERMINATION FROM  THE  U.S.  DEPARTMENT  OF
 VETERANS  AFFAIRS,  TO APPLY FOR THE ADDITIONAL DISABLED EXEMPTION AFTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06565-01-7

 A. 4979                             2
 
 THE LAST DATE FOR FILING SUCH EXEMPTION. THE VETERAN SHALL  PROVIDE  THE
 ASSESSOR  WITH  DOCUMENTATION,  INCLUDING  BUT NOT LIMITED TO, A PENDING
 ACCEPTANCE LETTER. SUCH VETERAN SHALL BE DEEMED TO HAVE  LOWEST  COMPEN-
 SATION  RATING  UNTIL FINAL DETERMINATION. ONCE THE VETERAN HAS RECEIVED
 SUCH DETERMINATION, HE OR SHE  SHALL  FILE  THIS  INFORMATION  WITH  THE
 ASSESSOR.  IF  THE DETERMINATION INDICATES THAT THE VETERAN RECEIVED ONE
 OR MORE EXEMPTIONS IN AN AMOUNT OR AMOUNTS INCONSISTENT WITH HIS OR  HER
 ELIGIBILITY,  THE  ASSESSOR  SHALL RECALCULATE ALL APPLICABLE EXEMPTIONS
 ACCORDINGLY AND THE DIFFERENCE BETWEEN THE APPLIED EXEMPT AMOUNT AND THE
 RECALCULATED EXEMPTION AMOUNT FOR EACH AFFECTED ROLL SHALL BE  DEEMED  A
 "CLERICAL  ERROR," AS DEFINED IN SUBDIVISION TWO OF SECTION FIVE HUNDRED
 FIFTY-FOUR OF THIS CHAPTER, AND SHALL BE CORRECTED ACCORDINGLY  PURSUANT
 TO TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.