N.Y. Real Property Tax Law § 471: Surviving spouses of police officers killed in the line of duty

§ 471. Surviving spouses of police officers killed in the line of

duty. 1. After the local legislative body of a county, city, town, or

village passes a local law, or a school district passes a resolution,

notwithstanding any other provision of law, real property owned by a

surviving spouse of a police officer killed in the line of duty, and

constituting the primary residence of such surviving spouse shall be

exempt from taxation to the extent of fifty per centum of the assessed

valuation thereof. Within such local law or resolution, the local

legislative body or school district may reduce the percentage of

exemption authorized pursuant to this section.

2. As used in this section, the term "police officer" shall have the

same meaning as defined in section 1.20 of the criminal procedure law.

3. 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 subdivision

one of this section, were such person or persons the owner or owners of

such real property.

4. (a) For the purposes of this section, title to that portion of real

property owned by a cooperative apartment corporation in which a

tenant-stockholder of such corporation resides and which is represented

by their 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-stockholder 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 apartment corporation may be exempt from taxation

pursuant to this section by a municipality in which such real property

is located only if the governing body of such municipality, after public

hearing, adopts a local law, ordinance or resolution providing therefor.

5. The commissioner shall develop, in consultation with the

commissioner of the division of criminal justice services, a listing of

documents to be used to establish eligibility under this section. Such

information shall be made available to each city, village, town, part

town, special district and county assessor's office. The listing of

acceptable records shall be made available on the internet websites of

the division of criminal justice services and the office of real

property tax services.

6. Application for such exemption shall be filed with the assessor on

or before the taxable status date on a form prescribed by the

commissioner.