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
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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.