Bill Text: NY A10551 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to a residential reassessment exemption for the town of Greenburgh in the county of Westchester.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-07-05 - signed chap.90 [A10551 Detail]
Download: New_York-2015-A10551-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10551--A IN ASSEMBLY June 2, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) -- read once and referred to the Committee on Real Property Taxation -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to a residential reassessment exemption in a town with a population of not less than eighty-five thousand persons and not more than ninety-five thousand persons located in a county of not less than nine hundred thirty thou- sand persons and not more than one million two hundred thousand persons, based upon the latest U.S. census The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property tax law is amended by adding a new 2 section 485-s to read as follows: 3 § 485-s. Residential reassessment exemption. 1. Applicability. The 4 governing body of a town with a population of not less than eighty-five 5 thousand persons and not more than ninety-five thousand persons located 6 in a county of not less than nine hundred thirty thousand persons and 7 not more than one million two hundred thousand persons, based upon the 8 latest U.S. census may, after a public hearing, adopt the provisions of 9 this section by local law in the first year of a full value revaluation 10 to provide a residential revaluation exemption. If the governing body 11 passes a local law pursuant to this subdivision, such exemption shall 12 also apply in the same manner and to the same extent to each village, 13 county, special district or school district that levies taxes on the 14 assessment roll prepared by such town. A village within a town that has 15 conducted a revaluation and that chooses to adopt such town's latest 16 final assessment roll is permitted to adopt the provisions of this 17 section within two years of its implementation. 18 2. Eligibility. (a) The assessor shall, in the first year in which 19 revaluation assessments are to be entered on the assessment roll and for 20 the next succeeding year, apply to each eligible residential property an 21 exemption as provided in subdivision three of this section. For the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15668-04-6A. 10551--A 2 1 purpose of this section, to be an "eligible residential property" the 2 following criteria must be met: 3 (i) The property must be a one-, two-, or three-family residential 4 property, provided that in an approved assessing unit dwelling units 5 held in condominium form of ownership that are classified in the home- 6 stead class shall also be eligible; 7 (ii) The property must be eligible to receive the STAR exemption 8 authorized by section four hundred twenty-five of this title or the 9 owner or owners must be eligible to receive the personal income tax 10 school tax relief (STAR) credit authorized by subsection (eee) of 11 section six hundred six of the tax law, as added by section six of part 12 A of chapter sixty of the laws of two thousand sixteen, for such proper- 13 ty. 14 (iii) In any given year, the owner or owners receiving the exemption 15 pursuant to this section must be the same as the owner or owners that 16 appeared on the assessment roll upon which the revaluation is imple- 17 mented; 18 (iv) The property must have a Certificate of Occupancy or a temporary 19 Certificate of Occupancy; and 20 (v) The property must not have any delinquent taxes as of the taxable 21 status date for the roll on which an exemption is applied. 22 (b) In addition to the criteria provided in paragraph (a) of this 23 subdivision, the town assessing unit may further limit the eligibility 24 to eligible residential property whose full value increase exceeded a 25 set value threshold as specified in their local law adopting the 26 provisions of this section. If provided by local law, the town assess- 27 ing unit may elect to grant exemptions to only those properties that do 28 not have building code violations. 29 3. Exemption calculation. (a)(i) The exemption shall be computed with 30 respect to a percentage of the "exemption base." The exemption base 31 shall be the amount by which the assessed value of a property on the 32 assessment roll upon which the revaluation is implemented exceeds the 33 prior year's equalized assessed value, as determined in the initial 34 year. The prior year's equalized assessed value shall be determined by 35 applying the applicable change in level of assessment factor to the 36 prior year's assessed value. Such exemption base shall not include 37 increases due to a physical improvement or a removal or reduction of an 38 exemption on property. 39 (ii) Any increase in the assessment of a property due to physical 40 changes in the year following the implementation roll shall not be 41 eligible for the exemption. In the event that any portion of a parcel is 42 fully or partially removed from the roll during the year following the 43 implementation roll by reason of fire, demolition, destruction or new 44 exemption, the assessor shall reduce the exemption for any remaining 45 portion in the same proportion assessment is reduced for such fire, 46 demolition, destruction or new exemption. If a property's revaluation 47 assessment is reduced pursuant to title one-A of article five, or title 48 one or one-A of article seven of this chapter, the exemption shall be 49 recomputed accordingly. 50 (b)(i) The exemption shall be to the extent of sixty-six per centum of 51 the exemption base in year one and thirty-three per centum of the 52 exemption base in year two. 53 (ii) The following table shall illustrate the computation of the 54 exemption: 55 Year of exemption Percentage of Exemption 56 1 66% of exemption baseA. 10551--A 3 1 2 33% of exemption base 2 4. Granting of exemption. (a) Such exemption shall be granted only 3 upon application by the owner or owners of such real property on a form 4 prescribed by the commissioner. Such application shall be filed with the 5 assessor on or before the appropriate taxable status date for the 6 assessment roll upon which the revaluation is implemented. 7 (b) If the assessor is satisfied that the applicant is entitled to an 8 exemption pursuant to this section, he or she shall approve the applica- 9 tion and the taxable assessed value shall be reduced by the exemption, 10 as in this section provided commencing with the assessment roll prepared 11 after the taxable status date. The assessed value of any exemption 12 granted pursuant to this section shall be entered by the assessor on the 13 assessment roll with the amount of the exemption shown in a separate 14 column. 15 (c) In the event that the residential property granted an exemption 16 pursuant to this section transfers ownership or otherwise ceases to meet 17 the eligibility requirements of the exemption in subdivision two of this 18 section, the exemption granted pursuant to this section shall be discon- 19 tinued. Upon determining that an exemption granted pursuant to this 20 section should be discontinued, the assessor shall mail a notice so 21 stating to the owner or owners thereof at the time and in the manner 22 provided by section five hundred ten of this chapter. 23 § 2. The following provisions shall apply in a town with a population 24 of not less than eighty-five thousand persons and not more than ninety- 25 five thousand persons located in a county of not less than nine hundred 26 thirty thousand persons and not more than one million two hundred thou- 27 sand persons, based upon the latest U.S. census, if such town adopts the 28 provisions of section 485-s of the real property tax law for the assess- 29 ment roll finalized in the year 2016. Notwithstanding paragraph (a) of 30 subdivision 4 of section 485-s of the real property tax law, applica- 31 tions for exemption shall be filed with the assessor on or before a date 32 specified in the local law adopting the provisions of section 485-s of 33 the real property tax law on a form prescribed by such town may be used 34 in its place. Notwithstanding any other section of law to the contrary, 35 to the extent the taxable assessed value of the property originally 36 appearing on such roll exceeds the amount to which it should be reduced 37 pursuant to section 485-s of the real property tax law, the assessor 38 shall amend the assessment roll accordingly. The assessor shall give 39 written notice of such exemption to the property owner. Where the 40 assessor denies an exemption pursuant to section 485-s of the real prop- 41 erty tax law for the 2016 assessment roll, the property owner may file a 42 complaint with the board of assessment review. Such board shall recon- 43 vene on a date or dates established by the assessing unit, provided at 44 least ten days' notice is given in writing, by certified mail, returned 45 receipt requested, to the property owner, to hear the appeal and deter- 46 mine the matter, and shall mail written notice of its determination to 47 the assessor and property owner. Notwithstanding sections 283.161 and 48 283.171 of the Westchester County Administrative Code, for the purpose 49 of implementing the residential revaluation exemption, the assessor 50 shall file the 2016 assessment roll on or before the first day of Decem- 51 ber. The rights contained in this act shall not otherwise diminish any 52 other legally available right of any property owner or party who may 53 otherwise lawfully challenge the valuation or assessment of any real 54 property or improvements thereon. All remaining rights hereby remain and 55 shall be available to the party to whom such rights would otherwise be 56 available notwithstanding this act.A. 10551--A 4 1 § 3. This act shall take effect immediately and shall apply to assess- 2 ment rolls prepared on and after January 1, 2016.
