Bill Text: NY S08672 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to the assessment of certain real property damaged by the severe storm that occurred on October 29-30, 2012 in a special assessing unit that is not a city.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-07-02 - REFERRED TO RULES [S08672 Detail]

Download: New_York-2019-S08672-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8672

                    IN SENATE

                                      July 2, 2020
                                       ___________

        Introduced  by Sen. KAMINSKY -- 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 the assessment
          of certain real property damaged by the severe storm that occurred  on
          October  twenty-ninth  and thirtieth, two thousand twelve in a special
          assessing unit that is not a city

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (b)  of subdivision 2 of section 1805-b of the
     2  real property tax law, as added by chapter 411 of the laws of  2015,  is
     3  amended to read as follows:
     4    (b)  "Aggregate physical increase" means the sum of physical increases
     5  for assessment rolls completed from two thousand  fourteen  through  two
     6  thousand [twenty] twenty-two.
     7    §  2.  Paragraph  (b)  of  subdivision 3 of section 1805-b of the real
     8  property tax law, as added by chapter  411  of  the  laws  of  2015,  is
     9  amended to read as follows:
    10    (b) the assessor increased the assessed value attributable to improve-
    11  ments  on the property by means of a physical increase for an assessment
    12  roll completed from two thousand fourteen through two thousand  [twenty]
    13  twenty-two.
    14    §  3. Subdivision 4 of section 1805-b of the real property tax law, as
    15  added by chapter 411 of the laws of 2015, is amended to read as follows:
    16    4. Limitation on increases of assessed value. Notwithstanding subdivi-
    17  sion five of section eighteen hundred five of this article and any other
    18  provision to the contrary, increases in the assessed value  of  affected
    19  real  property shall be limited in the manner specified in this subdivi-
    20  sion.
    21    (a) Except as provided in  paragraph  (c)  of  this  subdivision,  for
    22  affected  real  property for which the assessed values on the assessment
    23  rolls completed in two thousand fourteen and two thousand fifteen do not
    24  reflect a physical  increase,  the  amount  of  the  aggregate  physical
    25  increase  shall not exceed the amount of the physical decrease reflected
    26  in the assessed value on the assessment roll completed in  two  thousand

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16851-01-0
        S. 8672                             2

     1  thirteen.  Any  increase  in  assessed  value from the preceding year in
     2  excess of the physical increase reflected in the current assessed value,
     3  such physical increase limited as provided in  the  preceding  sentence,
     4  shall  be  subject  to the limitations on increases provided in subdivi-
     5  sions one, two and three of section eighteen hundred five of this  arti-
     6  cle.  In no event shall the assessed value of the affected real property
     7  appearing on an assessment roll completed for any given  year  from  two
     8  thousand  fifteen  to  two  thousand [twenty] twenty-two exceed what the
     9  assessed value would have been that year but for any physical  decreases
    10  or physical increases reflected in the assessed values on the assessment
    11  rolls  completed  from  two  thousand  thirteen to two thousand [twenty]
    12  twenty-two.
    13    (b) For affected real property for which the  assessed  value  on  the
    14  assessment  roll  completed  in  two  thousand  fourteen or two thousand
    15  fifteen reflects a physical increase, the assessed value as it  appeared
    16  on the assessment roll completed in two thousand fifteen shall be recal-
    17  culated  as  if  the limitation in paragraph (a) of this subdivision had
    18  been in effect for the assessment rolls completed in two thousand  four-
    19  teen  and  two thousand fifteen. The recalculation of the assessed value
    20  that appeared on the assessment roll completed in two  thousand  fifteen
    21  shall  not  affect the amount of taxes that were due and payable for the
    22  fiscal year beginning on the first of July, two thousand  fourteen.  The
    23  assessed  value  on the assessment rolls completed for each of the years
    24  from two thousand sixteen to two thousand [twenty] twenty-two  shall  be
    25  subject to the limitation on increases provided in paragraph (a) of this
    26  subdivision. Notwithstanding any provision to the contrary, the assessor
    27  is  authorized  to  correct  as  provided in this paragraph the assessed
    28  value of  affected  real  property  appearing  on  the  assessment  roll
    29  completed  in  two  thousand  fifteen.  Such correction shall be made no
    30  later than ninety days after the effective date of a local  law  adopted
    31  in accordance with this section.
    32    (c) Notwithstanding paragraphs (a) and (b) of this subdivision, in the
    33  event  that the total square footage of the improvements on the affected
    34  real property appearing on any assessment roll completed from two  thou-
    35  sand  fourteen  to  two  thousand  [twenty] twenty-two exceeds the total
    36  square footage of the improvements on  the  property  appearing  on  the
    37  assessment  roll  completed  in  two  thousand twelve, the amount of the
    38  aggregate physical increase shall not  exceed  the  amount  computed  by
    39  multiplying  the  sum of the physical increases as calculated subject to
    40  this subdivision by a fraction, the numerator of which is equal  to  the
    41  amount  of  the total square footage of the improvements on the property
    42  for the current assessment roll, and the denominator of which  is  equal
    43  to  the  amount  of  the total square footage of the improvements on the
    44  property for the assessment roll completed in two thousand  twelve.  For
    45  purposes  of  this  paragraph,  if  improvements on the property located
    46  below grade were not  included  in  the  total  square  footage  of  the
    47  improvements  on  the  property for the assessment roll completed in two
    48  thousand twelve, such improvements shall not be included  in  the  total
    49  square  footage for subsequent assessment rolls if the improvements were
    50  moved above grade or other building elevations were constructed  on  the
    51  property  to  prevent  or mitigate flooding as part of reconstruction or
    52  repair in connection with the damage caused by  the  severe  storm  that
    53  occurred  on  the  twenty-ninth  and  thirtieth of October, two thousand
    54  twelve.
    55    § 4. This act shall take effect immediately.