Local Law No. 2, Year 2022 - Public Hearing April 21, 2022

Public Hearing April 21, 2022 at 6pm (Hybrid Meeting Crawford Mansion Community Center and Zoom)

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PROPOSED LOCAL LAW NO. 2, YEAR 2022

A Proposed Local Law to Amend the Real Property Tax Law, Regarding an Increase in Veterans' Exemptions for Real Property Taxation Levels

BE IT ENACTED by the Town Board of the Town of Rye as follows:

Section 1 of this Local Law amends Local Law No. 1 of the Year 2006,entitled “An Act to Amend the Real Property Tax Law, in Relation to Determining the Veterans’ Alternative Exemption.”

Section 2 of this Local Law amends Local Law No. 2 of the Year 2008,entitled “Cold War Veterans Real Property Tax Exemption.”

These Local Laws are amended as follows:

 Section 1.

 This Local Law is implemented in accordance with the provisions of Real Property Tax Law§ 458-a,the Town of Rye adopts the maximum alternative veterans tax exemption permitted under § 458- a(2)(d)(ii) of the Real Property Tax Law, as the same may from time to time be amended. The Board of Councilpersons of the Town of Rye authorizes an increase in the alternative veterans’ exemption for real property taxation pursuant to Real Property Tax Law § 458-a, as follows:

 A. Qualifying residential real property, as defined in Real Property Tax Law § 458-a, shall be exempt from taxation to the extent of fifteen (15%) percent of the assessed value of such property; provided, however, that such exemption shall not exceed seventy-five thousand ($75,000) dollars multiplied by the latest tax rate applicable within the Town of Rye.

B. In addition to the exemption veterans who served in a combat theatre or a combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, qualify in residential real property, as defined in Real Property Tax Law §[VH1] 458-a, shall further be exempt from taxation to the extent of ten (10%)percent of the assessed value of such property; provided, however, that such exemption shall not exceed fifty­ thousand($50,000) dollars multiplied by the latest tax rate within the Town of Rye.

C. In addition to the exemptions, where the veteran received a compensation rating from the United States Department of Veteran's Affairs or from the United States Department of Defense because of a service-connected disability, qualifying real property, as defined in Real Property Tax Law§458-a, shall be exempt from taxation to the extent of the product of the assessed value of such property by fifty (50%) percent of the veteran's disability rating; provided, however, that such exemption shall not exceed two ­hundred fifty thousand ($250,000) dollars multiplied by the latest tax rate applicable within the Town of Rye. For the purposes of this subdivision, where a person who served in the active military, naval or air service during the period of war died in service of the service-connected disability such person shall be deemed to have been assigned a compensation rating of one hundred percent (100%).

Section 2.

A. Qualifying residential real property of a Cold War veteran shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $75,000 multiplied by the latest tax rate applicable within the Town of Rye.

B. In addition to the exemption provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service ­related disability, qualifying residential real property, as defined in Real Property Tax Law § 458-b,shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50%of the Cold War veteran's disability rating; provided, however that such exemption shall not exceed $250,000.

C. If a Cold War veteran receives an exemption from the Town of Rye under § 458 of the Real Property Tax Law, or an alternative veterans’ exemption authorized by §458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive an exemption under §458-b of the Real Property Tax Law.

Section 3.

If any section, subsection, clause, phrase or other portion of this local law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, the portion of the law declared to be invalid will be deemed a separate, distinct and independent portion and the declaration will not affect the validity of the remaining portions hereof, which will continue in full force and effect.

Section 4.

This Local Law shall take effect immediately upon filing with the Secretary of State.