STATE OF NEW YORK
        ________________________________________________________________________
                                         2382--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 19, 2017
                                       ___________
        Introduced  by M. of A. HOOPER, LAVINE -- Multi-Sponsored by -- M. of A.
          D'URSO, M. L. MILLER, RA, SOLAGES -- read once  and  referred  to  the
          Committee  on  Real  Property  Taxation  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the real property tax law, in relation to  abatement  of
          county taxes in special assessing units
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 425-a of the real property tax  law,  as  added  by
     2  chapter 383 of the laws of 2002, is amended to read as follows:
     3    §  425-a.  Abatement  of  county  taxes in special assessing units. 1.
     4  Local option. The local legislative body of a county that is  a  special
     5  assessing  unit  may  provide  by local law for the partial abatement of
     6  county taxes pursuant to this section. Such  abatement  shall  apply  to
     7  assessment  rolls  beginning with the roll finally completed in the year
     8  two thousand two, and continuing through and including the roll  finally
     9  completed  in  the  year two thousand [fifteen] twenty-eight unless such
    10  local law is sooner repealed.
    11    2. Eligible property. The property of a senior citizen that  qualifies
    12  for  and receives the enhanced exemption pursuant to subdivision four of
    13  section four hundred twenty-five of this title shall be [eligible] qual-
    14  ified to receive the abatement provided by this section.
    15    3. Procedure. [No] A separate application shall not  be  required  for
    16  the abatement. The assessor of such special assessing unit shall compute
    17  and  apply  the  abatement  when extending the tax on eligible property.
    18  Eligibility for such abatement shall be determined annually; a  property
    19  that becomes eligible for a year subsequent to the initial year in which
    20  such  abatement  is  authorized by local law shall receive the abatement
    21  for such subsequent year and for each year thereafter while  it  remains
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08210-05-7

        A. 2382--B                          2
     1  eligible  and  until the authorization for the abatement expires. If the
     2  enhanced exemption granted pursuant to subdivision four of section  four
     3  hundred  twenty-five of this title is later discontinued or revoked, the
     4  abatement  [granted]  given  pursuant  to this section shall likewise be
     5  discontinued or revoked. If eligibility for the abatement or the  amount
     6  of  the  abatement  changes  after  the extension of taxes, the assessor
     7  shall notify the official responsible for the collection  or  refund  of
     8  taxes,  who shall calculate and impose or refund the difference in taxes
     9  accordingly.
    10    4. Computation of abatement by local legislative body. (a) The  abate-
    11  ment  [granted]  given  pursuant  to this section shall eliminate all or
    12  part of the tax that results from any increase in the general county tax
    13  rate applicable to the assessment roll  finally  completed  in  calendar
    14  year  two  thousand  two  as  compared to the tax rate applicable to the
    15  assessment roll finally completed in calendar year two thousand one.  It
    16  shall  not  limit  increases in tax that result from changes in the full
    17  value or taxable value of property or from subsequent tax rate increases
    18  or increases in taxes other than the general county tax.
    19    (b) The general county tax extended on an  eligible  parcel  shall  be
    20  abated by the abatement amount, which shall be calculated by multiplying
    21  the  taxable assessed valuation, after application of all exemptions for
    22  which such parcel is eligible for general county tax  purposes,  by  the
    23  abatement  tax  rate  determined  pursuant to this subdivision, provided
    24  that the abatement shall not exceed the  general  county  tax  otherwise
    25  chargeable to such eligible parcel.
    26    (c)  The local legislative body shall determine separate abatement tax
    27  rates for each class of property, each roll year and each portion of the
    28  county for which a general county tax rate is determined. The  abatement
    29  rate  shall  be  the base abatement tax rate calculated pursuant to this
    30  subdivision multiplied by the abatement ratio.
    31    (d) The abatement ratio shall be set forth in the local law, as it may
    32  be amended from time to time, which adopts the abatement  authorized  by
    33  this  section.  Such ratio shall be one-half if no other ratio is speci-
    34  fied in the local law. In no event shall the abatement ratio be  greater
    35  than one.
    36    (e)  For  the general county tax levied on the assessment roll finally
    37  completed in calendar year two thousand two, the base abatement tax rate
    38  for a class shall be the general county tax rate for such class applica-
    39  ble to such assessment roll, less the tax rate for such  class  for  the
    40  roll finally completed in calendar year two thousand one.
    41    (f)  In  each  subsequent  year  the  base abatement tax rate shall be
    42  adjusted to account for changes in the level of assessment by  multiply-
    43  ing  the base abatement tax rate calculated pursuant to paragraph (e) of
    44  this subdivision by the ratio between the class  equalization  rate  for
    45  such  class for the roll completed in calendar year two thousand two and
    46  the class equalization rate for such class for the assessment  roll  for
    47  such subsequent year.
    48    (g) If the equalized tax rate for a class in any year is less than the
    49  equalized  tax  rate for the roll finally completed in calendar year two
    50  thousand two but more than the rate for the roll completed  in  calendar
    51  year two thousand one, the base abatement tax rate shall be recalculated
    52  by dividing the difference between such equalized tax rates by the class
    53  equalization ratio for the roll year of the taxes to be abated.
    54    (h) If the equalized tax rate for a class and roll year after calendar
    55  year  two  thousand two is less than the equalized tax rate for the roll

        A. 2382--B                          3
     1  completed in calendar year two  thousand  one,  no  abatement  shall  be
     2  granted for property in such class for such roll year.
     3    (i)  For  purposes  of  this  section,  "class" shall have the meaning
     4  provided by section eighteen hundred two  of  this  chapter  and  "class
     5  equalization  rate"  shall  have  the meaning provided by section twelve
     6  hundred two of this chapter. The term "equalized tax  rate"  shall  mean
     7  the  general county tax rate for a class and roll year multiplied by the
     8  class equalization rate for such class and year.
     9    5. Cooperative apartment corporations, trailers and mobile homes.  The
    10  abatement  authorized by this section shall apply to taxes on real prop-
    11  erty owned by a cooperative corporation and to trailers and mobile homes
    12  to the extent such taxes are attributable to the  property  of  eligible
    13  shareholders  or  owners and shall be credited against the taxes or rent
    14  otherwise payable by or chargeable to such eligible individuals  in  the
    15  same  manner as is provided for the exemption [granted] given by section
    16  four hundred twenty-five of this title.
    17    6. Retroactive implementation. A local law adopted  pursuant  to  this
    18  section may provide that benefits shall be [granted] given retroactively
    19  in  respect to all or specified assessment rolls finally completed in or
    20  after the year two thousand two. Such local law  may  provide  that  the
    21  assessor  of  such  special  assessing  unit shall apply the retroactive
    22  abatement as a credit against current taxes for one or more years or may
    23  authorize the chief financial officer of the county to refund the excess
    24  taxes collected without interest in one  or  more  installments  over  a
    25  period of one or more years.
    26    §  2.  This  act  shall take effect immediately and shall be deemed to
    27  have been in full force and effect on and after December 31, 2015.