Bill Text: NY S08156 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to a residential reassessment exemption for the town of Ossining in the county of Westchester.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-16 - SUBSTITUTED BY A10689 [S08156 Detail]
Download: New_York-2015-S08156-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8156 IN SENATE June 16, 2016 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 thirty-seven thousand persons and not more than thirty-eight 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 thirty-seven 5 thousand persons and not more than thirty-eight 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 22 purpose of this section, to be an "eligible residential property" the 23 following criteria must be met: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15861-02-6S. 8156 2 1 (i) The property must be a one-, two-, or three-family residential 2 property, provided that in an approved assessing unit dwelling units 3 held in condominium form of ownership that are classified in the home- 4 stead class shall also be eligible; 5 (ii) The property must be eligible to receive the STAR exemption 6 authorized by section four hundred twenty-five of this title or the 7 owner or owners must be eligible to receive the personal income tax 8 school tax relief (STAR) credit authorized by subsection (eee) of 9 section six hundred six of the tax law, as added by section six of part 10 A of chapter sixty of the laws of two thousand sixteen, for such proper- 11 ty. 12 (iii) In any given year, the owner or owners receiving the exemption 13 pursuant to this section must be the same as the owner or owners that 14 appeared on the assessment roll upon which the revaluation is imple- 15 mented; 16 (iv) The property must have a Certificate of Occupancy or a temporary 17 Certificate of Occupancy; and 18 (v) The property must not have any delinquent taxes as of the taxable 19 status date for the roll on which an exemption is applied. 20 (b) In addition to the criteria provided in paragraph (a) of this 21 subdivision, the town assessing unit may further limit the eligibility 22 to eligible residential property whose full value increase exceeded a 23 set value threshold as specified in their local law adopting the 24 provisions of this section. If provided by local law, the town assess- 25 ing unit may elect to grant exemptions to only those properties that do 26 not have building code violations. 27 3. Exemption calculation. (a)(i) The exemption shall be computed with 28 respect to a percentage of the "exemption base." The exemption base 29 shall be the amount by which the assessed value of a property on the 30 assessment roll upon which the revaluation is implemented exceeds the 31 prior year's equalized assessed value, as determined in the initial 32 year. The prior year's equalized assessed value shall be determined by 33 applying the applicable change in level of assessment factor to the 34 prior year's assessed value. Such exemption base shall not include 35 increases due to a physical improvement or a removal or reduction of an 36 exemption on property. 37 (ii) Any increase in the assessment of a property due to physical 38 changes in the year following the implementation roll shall not be 39 eligible for the exemption. In the event that any portion of a parcel is 40 fully or partially removed from the roll during the year following the 41 implementation roll by reason of fire, demolition, destruction or new 42 exemption, the assessor shall reduce the exemption for any remaining 43 portion in the same proportion assessment is reduced for such fire, 44 demolition, destruction or new exemption. If a property's revaluation 45 assessment is reduced pursuant to title one-A of article five, or title 46 one or one-A of article seven of this chapter, the exemption shall be 47 recomputed accordingly. 48 (b)(i) The exemption shall be to the extent of sixty-six per centum of 49 the exemption base in year one and thirty-three per centum of the 50 exemption base in year two. 51 (ii) The following table shall illustrate the computation of the 52 exemption: 53 Year of exemption Percentage of Exemption 54 1 66% of exemption base 55 2 33% of exemption baseS. 8156 3 1 4. Granting of exemption. (a) Such exemption shall be granted only 2 upon application by the owner or owners of such real property on a form 3 prescribed by the commissioner. Such application shall be filed with the 4 assessor on or before the appropriate taxable status date for the 5 assessment roll upon which the revaluation is implemented. 6 (b) If the assessor is satisfied that the applicant is entitled to an 7 exemption pursuant to this section, he or she shall approve the applica- 8 tion and the taxable assessed value shall be reduced by the exemption, 9 as in this section provided commencing with the assessment roll prepared 10 after the taxable status date. The assessed value of any exemption 11 granted pursuant to this section shall be entered by the assessor on the 12 assessment roll with the amount of the exemption shown in a separate 13 column. 14 (c) In the event that the residential property granted an exemption 15 pursuant to this section transfers ownership or otherwise ceases to meet 16 the eligibility requirements of the exemption in subdivision two of this 17 section, the exemption granted pursuant to this section shall be discon- 18 tinued. Upon determining that an exemption granted pursuant to this 19 section should be discontinued, the assessor shall mail a notice so 20 stating to the owner or owners thereof at the time and in the manner 21 provided by section five hundred ten of this chapter. 22 § 2. The following provisions shall apply in a town with a population 23 of not less than 37,000 persons and not more than 38,000 persons located 24 in a county of not less than 930,000 persons and not more than 1,200,000 25 persons, based upon the latest U.S. census, if such town adopts the 26 provisions of section 485-s of the real property tax law for the assess- 27 ment roll finalized in the year 2016. Notwithstanding paragraph (a) of 28 subdivision 4 of section 485-s of the real property tax law, applica- 29 tions for exemption shall be filed with the assessor on or before a date 30 specified in the local law adopting the provisions of section 485-s of 31 the real property tax law on a form prescribed by such town may be used 32 in its place. Notwithstanding any other section of law to the contrary, 33 to the extent the taxable assessed value of the property originally 34 appearing on such roll exceeds the amount to which it should be reduced 35 pursuant to section 485-s of the real property tax law, the assessor 36 shall amend the assessment roll accordingly. The assessor shall give 37 written notice of such exemption to the property owner. Where the 38 assessor denies an exemption pursuant to section 485-s of the real prop- 39 erty tax law for the 2016 assessment roll, the property owner may file a 40 complaint with the board of assessment review. Such board shall recon- 41 vene on a date or dates established by the assessing unit, provided at 42 least ten days' notice is given in writing, by certified mail, returned 43 receipt requested, to the property owner, to hear the appeal and deter- 44 mine the matter, and shall mail written notice of its determination to 45 the assessor and property owner. Notwithstanding sections 283.161 and 46 283.171 of the Westchester County Administrative Code, for the purpose 47 of implementing the residential revaluation exemption, the assessor 48 shall file the 2016 assessment roll on or before the first day of Decem- 49 ber. The rights contained in this act shall not otherwise diminish any 50 other legally available right of any property owner or party who may 51 otherwise lawfully challenge the valuation or assessment of any real 52 property or improvements thereon. All remaining rights hereby remain and 53 shall be available to the party to whom such rights would otherwise be 54 available notwithstanding this act. 55 § 3. This act shall take effect immediately and shall apply to assess- 56 ment rolls prepared on and after January 1, 2016.