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Local Law No. 1 - 2013
This local law shall be known as the “Adjustment of the Section 458 Exemption” Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
Section 458 of the New York Real Property Tax Law (“Section 458”) affords certain veterans of
military service or certain members of their families who own real property, a limited exemption
from real estate taxes based upon what the statute calls “eligible funds”. Under section 458, the
maximum amount of the partial exemption is $5,000. Since properties in the Town currently are
assessed at only a fraction of their actual value, a $5,000 maximum affords a veteran a reasonable
exemption. However since the Town Board anticipates that the assessments of real property in
the Town will be revalued to reflect their full value in time for the promulgation of the 2013
tentative tax assessment roll, the exemption allowed by section 458 will be significantly
diminished if the maximum amount of the exemption remains fixed at $5,000.
Subdivision (5) of Section 458 authorizes the Town Board, by local law, to adjust the maximum
amount of the partial exemption which Section 458 allows to reflect revaluation, thereby
continuing to make the exemption produce a reasonable reduction in real estate taxes for those
persons entitled to it. By enacting this local law, the Town Board does just that.
Section 2 – Addition of a new article to a chapter of the Mamaroneck Code:
Chapter 195 of the Code of the Town of Mamaroneck hereby is amended by adding the following
article to it:
Article X --- Adjustment of the Veterans Exemption in RPTL § 458 to Reflect Revaluation (§195-
43- §195-44).
Section 195-43. Purpose. Section 458 of the New York Real Property Tax Law (“Section 458”)
affords certain veterans of military service or certain members of their families who own real
property, a limited exemption from real estate taxes based upon what the statute calls “eligible
funds”. Under section 458, the maximum amount of the partial exemption is $5,000. Since
properties in the Town currently are assessed at only a fraction of their actual value, a $5,000
maximum affords a veteran a reasonable exemption. However since the Town Board anticipates
that the assessments of real property in the Town will be revalued to reflect their full value in
time for the promulgation of the 2013 tentative tax assessment roll, the exemption allowed by
section 458 will be significantly diminished if the maximum amount of the exemption remains
fixed at $5,000.
Subdivision (5) of Section 458 authorizes the Town Board, by local law, to adjust the maximum
amount of the partial exemption which Section 458 allows to reflect revaluation, thereby
continuing to make the exemption produce a reasonable reduction in real estate taxes for those
persons entitled to it. Through this enactment, the Town Board exercises the right given to it by
Subdivision (5) of Section 458.
Section 195-44. Adjustment in the Section 458 Exemption.
if the total assessed value of the real property for which an exemption pursuant to Section 458
has been granted increases or decreases as the result of a revaluation or update of assessments,
and a material change in level of assessment, as provided in title two of article twelve of chapter
50-A of the Consolidated Laws of the State of New York, is certified for the assessment roll
pursuant to the rules of the Commissioner of Taxation and Finance, the assessor shall increase or
decrease the amount of such exemption by multiplying the amount of such exemption by the
change in level of assessment factor.
Section 3 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.