Bill Text: NY A02016 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the abatement of real property taxes in certain cases of catastrophic loss; establishes procedures therefor; limits eligibility to one, two, or three family houses; applies to all municipal and school taxes.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced) 2024-01-03 - referred to real property taxation [A02016 Detail]
Download: New_York-2023-A02016-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2016 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. HAWLEY, J. M. GIGLIO, McDONOUGH, ANGELINO, GALLA- HAN, LEMONDES, DeSTEFANO, MANKTELOW -- Multi-Sponsored by -- M. of A. BARCLAY -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to the abatement of taxes in certain cases of catastrophic loss The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 5 of the real property tax law is amended by adding 2 a new title 2-A to read as follows: 3 TITLE 2-A 4 ABATEMENT OF TAXES IN THE CASE OF CATASTROPHIC LOSS 5 Section 548. Applicability of other provisions. 6 548-a. Definitions. 7 548-b. Catastrophic loss tax abatement procedure. 8 548-c. Coordination with school and village tax levies. 9 § 548. Applicability of other provisions. The provisions of titles 10 one-A and three of this article shall apply to this title insofar as 11 they are not inconsistent with the provisions and purposes of this 12 title, which shall supersede any inconsistent provision of such titles 13 one-A and three. The provisions of this title shall apply to taxes 14 levied by all municipal corporations only upon a one, two or three fami- 15 ly residence. 16 § 548-a. Definitions. For the purposes of this title: 17 1. A one, two or three family residence has undergone "catastrophic 18 loss" when it is totally destroyed or is so extensively damaged that all 19 dwelling units in such residence are unfit for habitation and cannot 20 reasonably be made fit for habitation within a period of one hundred 21 eighty days after the damage occurred. 22 2. "Family residence" means an owner-occupied residential dwelling. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02911-01-3A. 2016 2 1 § 548-b. Catastrophic loss tax abatement procedure. 1. A property 2 owner is eligible to file a claim for a catastrophic loss tax abatement 3 if the catastrophic loss occurred within six months after the completion 4 of the final assessment roll. 5 2. Such a claim must be filed with the assessor or board of assessors 6 within six months after the completion of the final assessment roll. A 7 statement of the facts constituting the basis of the claim shall be 8 filed on a form prescribed by the commissioner. Such statement shall be 9 made by the owner of the real property, or by a person authorized in 10 writing by the claimant or his or her attorney or agent to make such 11 statement who has knowledge of the facts stated therein. Such written 12 authorization shall be made a part of such statement and bear a date 13 within the same calendar year during which the complaint is filed. Such 14 statement shall also contain the following sentence: "I certify that all 15 statements made on this application are true and correct to the best of 16 my knowledge and belief and I understand that the making of any willful- 17 ly false statement of material fact herein will subject me to the 18 provisions of the penal law relevant to the making and filing of false 19 instruments." Upon the filing of such statement, all collection of tax 20 efforts shall be suspended and the accrual of interest or penalties or 21 both shall also be suspended. If the claim is sustained, no interest or 22 penalty shall be due, and any interest or penalty paid prior to the 23 filing of the statement shall be refunded. If the claim is denied, all 24 collection of tax efforts shall resume, and interest or penalties or 25 both shall resume their accrual retroactively to the date of suspen- 26 sion. 27 3. The claim shall be heard and determined by the board of assessment 28 review or assessment review commission, as the case may be. The 29 proceedings in hearing and determining the claim shall be modified as 30 necessary to serve the purposes of this title and shall be in accordance 31 with the regulations of the commissioner. All claims shall be heard and 32 decided not later than two months after the last day for filing a claim. 33 4. Upon the determination of a claim, the board of assessment review 34 or assessment review commission, as the case may be, shall give notice 35 of the determination to the assessor or board of assessors and the 36 claimant within five days of such determination. Notwithstanding any 37 inconsistent provision of law, if the claim is determined to be in favor 38 of the claimant, the assessor or board of assessors shall correct the 39 tentative assessment roll, final assessment roll or tax roll, as the 40 case may be, within five days of receiving such notice. 41 § 548-c. Coordination with school and village tax levies. The commis- 42 sioner shall promulgate regulations to coordinate assessment rolls and 43 tax levies of counties, cities and towns with those of school districts 44 and villages. 45 § 2. This act shall take effect on the one hundred eightieth day after 46 it shall have become a law. Effective immediately the addition, amend- 47 ment and/or repeal of any rule or regulation necessary for the implemen- 48 tation of this act on its effective date are authorized to be made and 49 completed on or before such date.
