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SB5800 Summary:

BILL NO    S05800 

SAME AS    SAME AS A07156

SPONSOR    VENDITTO

COSPNSR    

MLTSPNSR   

Add S1805-b, RPT L

Relates to an assessment of real property damaged by the severe storm that
occurred on the twenty-ninth and thirtieth of October, two thousand twelve in a
special assessing unit that is not a city.
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SB5800 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5800

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                     June 3, 2015
                                      ___________

       Introduced  by Sen. VENDITTO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government

       AN ACT to amend the real property tax law, in relation to an  assessment
         of  real  property  damaged  by  the severe storm that occurred on the
         twenty-ninth and thirtieth  of  October,  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. The real property tax  law  is  amended  by  adding  a  new
    2  section 1805-b to read as follows:
    3    S 1805-B. ASSESSMENT OF REAL PROPERTY DAMAGED BY THE SEVERE STORM THAT
    4  OCCURRED  ON  THE  TWENTY-NINTH  AND  THIRTIETH OF OCTOBER, TWO THOUSAND
    5  TWELVE IN A SPECIAL ASSESSING UNIT THAT IS NOT  A  CITY.  1.  GENERALLY.
    6  NOTWITHSTANDING  ANY  PROVISION  OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
    7  THE CONTRARY, ANY SPECIAL ASSESSING UNIT THAT IS NOT A  CITY  IS  HEREBY
    8  AUTHORIZED  AND  EMPOWERED  TO  ADOPT AND AMEND LOCAL LAWS IN ACCORDANCE
    9  WITH THIS SECTION TO PROVIDE THAT THE ASSESSED VALUE  OF  AFFECTED  REAL
   10  PROPERTY,  AS  DEFINED  IN  SUBDIVISION  THREE OF THIS SECTION, SHALL BE
   11  SUBJECT TO THE LIMITATIONS PROVIDED IN  THIS  SECTION.    FOLLOWING  THE
   12  ADOPTION OF THIS ACT BY A SPECIAL ASSESSING UNIT THAT IS NOT A CITY, ANY
   13  TOWN,  SCHOOL DISTRICT OR VILLAGE WHICH USES THE ASSESSMENT ROLL OF SUCH
   14  SPECIAL ASSESSING UNIT THAT IS NOT A CITY FOR THE  LEVY  OF  TAXES,  MAY
   15  ALSO  ADOPT  A LOCAL LAW OR RESOLUTION TO GRANT THE EXEMPTION AUTHORIZED
   16  PURSUANT TO THIS SECTION.
   17    2. DEFINITIONS. AS USED IN THIS SECTION:
   18    (A) "ACTUAL ASSESSED VALUE" MEANS THE ASSESSED VALUE OF REAL  PROPERTY
   19  PRIOR  TO  THE CALCULATION OF ANY TRANSITIONAL ASSESSED VALUE, AND WHICH
   20  IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROPERTY TAXES.
   21    (B) "AGGREGATE PHYSICAL INCREASE" MEANS THE SUM OF PHYSICAL  INCREASES
   22  FOR  ASSESSMENT  ROLLS  COMPLETED FROM TWO THOUSAND FOURTEEN THROUGH TWO
   23  THOUSAND TWENTY.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10376-02-5
       S. 5800                             2

    1    (C) "ANNUAL TAX" MEANS THE AMOUNT OF REAL PROPERTY TAX THAT IS IMPOSED
    2  ON A PROPERTY FOR A FISCAL YEAR,  DETERMINED  AFTER  REDUCTION  FOR  ANY
    3  AMOUNT  FROM  WHICH THE PROPERTY IS EXEMPT, OR WHICH IS ABATED, PURSUANT
    4  TO APPLICABLE LAW.
    5    (D)  "ANNUAL  TAX  ATTRIBUTABLE TO IMPROVEMENTS" MEANS THE ANNUAL TAX,
    6  MULTIPLIED BY A FRACTION,  THE  NUMERATOR  OF  WHICH  IS  EQUAL  TO  THE
    7  ASSESSED  VALUE  ATTRIBUTABLE  TO  IMPROVEMENTS  ON THE PROPERTY FOR THE
    8  FISCAL YEAR, AND THE DENOMINATOR OF WHICH IS THE TOTAL ASSESSED VALUE OF
    9  THE PROPERTY FOR SUCH FISCAL YEAR.
   10    (E) "ASSESSED VALUE" MEANS THE ASSESSED VALUE OF  REAL  PROPERTY  THAT
   11  WAS  USED  TO  DETERMINE THE ANNUAL TAX, AND WHICH IS NOT REDUCED BY ANY
   12  EXEMPTION FROM REAL PROPERTY TAXES.  FOR  REAL  PROPERTY  CLASSIFIED  AS
   13  CLASS  TWO OR CLASS FOUR REAL PROPERTY, AS DEFINED IN SUBDIVISION ONE OF
   14  SECTION EIGHTEEN HUNDRED TWO OF THIS ARTICLE TO WHICH SUBDIVISION  THREE
   15  OF  SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE APPLIES, UNLESS OTHER-
   16  WISE PROVIDED, THE ASSESSED VALUE IS THE LOWER OF  THE  ACTUAL  ASSESSED
   17  VALUE AND TRANSITIONAL ASSESSED VALUE.
   18    (F)  "ASSESSED  VALUE ATTRIBUTABLE TO IMPROVEMENTS" MEANS THAT PORTION
   19  OF THE ASSESSED VALUE THAT WAS USED TO DETERMINE THE ANNUAL TAX  ATTRIB-
   20  UTABLE  TO  IMPROVEMENTS, AND WHICH IS NOT REDUCED BY ANY EXEMPTION FROM
   21  REAL PROPERTY TAXES.
   22    (G) "IMPROVEMENTS" MEANS BUILDINGS AND OTHER ARTICLES AND  STRUCTURES,
   23  SUBSTRUCTURES AND SUPERSTRUCTURES ERECTED UPON, UNDER OR ABOVE THE LAND,
   24  OR  AFFIXED  THERETO,  INCLUDING  BRIDGES  AND WHARVES AND PIERS AND THE
   25  VALUE OF THE RIGHT TO COLLECT WHARFAGE, CRANAGE OR DOCKAGE THEREON.
   26    (H) "PHYSICAL DECREASE" MEANS THE DECREASE IN ASSESSED VALUE FROM  THE
   27  ASSESSED  VALUE  ON  THE  PRECEDING  ASSESSMENT  ROLL  AS  A  RESULT  OF
   28  DESTRUCTION OF PROPERTY CAUSED BY THE SEVERE STORM THAT OCCURRED ON  THE
   29  TWENTY-NINTH  AND  THIRTIETH  OF  OCTOBER,  TWO  THOUSAND  TWELVE,  SUCH
   30  DECREASE TO WHICH SUBDIVISION FIVE OF SECTION EIGHTEEN HUNDRED  FIVE  OF
   31  THIS ARTICLE APPLIES.
   32    (I)  "PHYSICAL INCREASE" MEANS THE INCREASE IN ASSESSED VALUE FROM THE
   33  ASSESSED VALUE ON THE PRECEDING ASSESSMENT ROLL AS A RESULT OF AN  ADDI-
   34  TION TO OR IMPROVEMENT OF EXISTING REAL PROPERTY AS PROVIDED IN SUBDIVI-
   35  SION  FIVE  OF  SECTION  EIGHTEEN  HUNDRED FIVE OF THIS ARTICLE, FOR THE
   36  PURPOSE OF RECONSTRUCTION OR REPAIR IN CONNECTION WITH THE DAMAGE CAUSED
   37  BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH AND  THIRTIETH  OF
   38  OCTOBER, TWO THOUSAND TWELVE, SUCH INCREASE TO WHICH SUBDIVISION FIVE OF
   39  SECTION  EIGHTEEN  HUNDRED  FIVE  OF THIS ARTICLE APPLIES SUBJECT TO THE
   40  PROVISIONS OF THIS SECTION.
   41    (J) "TOTAL SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE PROPERTY"  MEANS,
   42  WITH  RESPECT  TO  AN  ASSESSMENT  ROLL,  THE SQUARE FOOTAGE USED BY THE
   43  ASSESSOR IN DETERMINING THE ASSESSED VALUE ATTRIBUTABLE TO  IMPROVEMENTS
   44  ON THE REAL PROPERTY FOR SUCH ASSESSMENT ROLL.
   45    (K)  "TRANSITIONAL ASSESSED VALUE" IS THE TRANSITION ASSESSMENT CALCU-
   46  LATED PURSUANT TO SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED FIVE  OF
   47  THIS  ARTICLE, AND WHICH IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROP-
   48  ERTY TAXES.
   49    3. AFFECTED REAL PROPERTY. FOR PURPOSES  OF  THIS  SECTION,  "AFFECTED
   50  REAL PROPERTY" MEANS ANY TAX LOT THAT CONTAINED, ON THE APPLICABLE TAXA-
   51  BLE  STATUS  DATE,  CLASS  ONE, CLASS TWO OR CLASS FOUR REAL PROPERTY AS
   52  SUCH CLASS OF REAL PROPERTY IS DEFINED IN  SUBDIVISION  ONE  OF  SECTION
   53  EIGHTEEN HUNDRED TWO OF THIS ARTICLE, AS TO WHICH:
   54    (A)  THE  ASSESSOR REDUCED THE ASSESSED VALUE ATTRIBUTABLE TO IMPROVE-
   55  MENTS ON THE PROPERTY FOR THE ASSESSMENT ROLL COMPLETED IN TWO  THOUSAND
   56  THIRTEEN  FROM  THE  ASSESSED  VALUE ATTRIBUTABLE TO IMPROVEMENTS ON THE
       S. 5800                             3

    1  PROPERTY FOR THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND TWELVE  AS  A
    2  RESULT  OF  DAMAGE CAUSED BY THE SEVERE STORM THAT OCCURRED ON THE TWEN-
    3  TY-NINTH AND THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE; AND
    4    (B) THE ASSESSOR INCREASED THE ASSESSED VALUE ATTRIBUTABLE TO IMPROVE-
    5  MENTS  ON THE PROPERTY BY MEANS OF A PHYSICAL INCREASE FOR AN ASSESSMENT
    6  ROLL COMPLETED FROM TWO THOUSAND FOURTEEN THROUGH TWO THOUSAND TWENTY.
    7    4. LIMITATION ON INCREASES OF ASSESSED VALUE. NOTWITHSTANDING SUBDIVI-
    8  SION FIVE OF SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE AND ANY OTHER
    9  PROVISION TO THE CONTRARY, INCREASES IN THE ASSESSED VALUE  OF  AFFECTED
   10  REAL  PROPERTY SHALL BE LIMITED IN THE MANNER SPECIFIED IN THIS SUBDIVI-
   11  SION.
   12    (A) EXCEPT AS PROVIDED IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  FOR
   13  AFFECTED  REAL  PROPERTY FOR WHICH THE ASSESSED VALUES ON THE ASSESSMENT
   14  ROLLS COMPLETED IN TWO THOUSAND FOURTEEN AND TWO THOUSAND FIFTEEN DO NOT
   15  REFLECT A PHYSICAL  INCREASE,  THE  AMOUNT  OF  THE  AGGREGATE  PHYSICAL
   16  INCREASE  SHALL NOT EXCEED THE AMOUNT OF THE PHYSICAL DECREASE REFLECTED
   17  IN THE ASSESSED VALUE ON THE ASSESSMENT ROLL COMPLETED IN  TWO  THOUSAND
   18  THIRTEEN.  ANY  INCREASE  IN  ASSESSED  VALUE FROM THE PRECEDING YEAR IN
   19  EXCESS OF THE PHYSICAL INCREASE REFLECTED IN THE CURRENT ASSESSED VALUE,
   20  SUCH PHYSICAL INCREASE LIMITED AS PROVIDED IN  THE  PRECEDING  SENTENCE,
   21  SHALL  BE  SUBJECT  TO THE LIMITATIONS ON INCREASES PROVIDED IN SUBDIVI-
   22  SIONS ONE, TWO AND THREE OF SECTION EIGHTEEN HUNDRED FIVE OF THIS  ARTI-
   23  CLE.  IN NO EVENT SHALL THE ASSESSED VALUE OF THE AFFECTED REAL PROPERTY
   24  APPEARING  ON  AN  ASSESSMENT ROLL COMPLETED FOR ANY GIVEN YEAR FROM TWO
   25  THOUSAND FIFTEEN TO TWO THOUSAND TWENTY EXCEED WHAT THE  ASSESSED  VALUE
   26  WOULD  HAVE  BEEN  THAT  YEAR BUT FOR ANY PHYSICAL DECREASES OR PHYSICAL
   27  INCREASES REFLECTED IN THE  ASSESSED  VALUES  ON  THE  ASSESSMENT  ROLLS
   28  COMPLETED FROM TWO THOUSAND THIRTEEN TO TWO THOUSAND TWENTY.
   29    (B)  FOR  AFFECTED  REAL  PROPERTY FOR WHICH THE ASSESSED VALUE ON THE
   30  ASSESSMENT ROLL COMPLETED IN  TWO  THOUSAND  FOURTEEN  OR  TWO  THOUSAND
   31  FIFTEEN  REFLECTS A PHYSICAL INCREASE, THE ASSESSED VALUE AS IT APPEARED
   32  ON THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND FIFTEEN SHALL BE RECAL-
   33  CULATED AS IF THE LIMITATION IN PARAGRAPH (A) OF  THIS  SUBDIVISION  HAD
   34  BEEN  IN EFFECT FOR THE ASSESSMENT ROLLS COMPLETED IN TWO THOUSAND FOUR-
   35  TEEN AND TWO THOUSAND FIFTEEN. THE RECALCULATION OF THE  ASSESSED  VALUE
   36  THAT  APPEARED  ON THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND FIFTEEN
   37  SHALL NOT AFFECT THE AMOUNT OF TAXES THAT WERE DUE AND PAYABLE  FOR  THE
   38  FISCAL  YEAR  BEGINNING ON THE FIRST OF JULY, TWO THOUSAND FOURTEEN. THE
   39  ASSESSED VALUE ON THE ASSESSMENT ROLLS COMPLETED FOR EACH OF  THE  YEARS
   40  FROM TWO THOUSAND SIXTEEN TO TWO THOUSAND TWENTY SHALL BE SUBJECT TO THE
   41  LIMITATION  ON  INCREASES PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   42  NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE ASSESSOR  IS  AUTHOR-
   43  IZED  TO  CORRECT  AS  PROVIDED  IN THIS PARAGRAPH THE ASSESSED VALUE OF
   44  AFFECTED REAL PROPERTY APPEARING ON THE ASSESSMENT ROLL COMPLETED IN TWO
   45  THOUSAND FIFTEEN.  SUCH CORRECTION SHALL BE MADE NO  LATER  THAN  NINETY
   46  DAYS  AFTER THE EFFECTIVE DATE OF A LOCAL LAW ADOPTED IN ACCORDANCE WITH
   47  THIS SECTION.
   48    (C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, IN THE
   49  EVENT THAT THE TOTAL SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE  AFFECTED
   50  REAL  PROPERTY APPEARING ON ANY ASSESSMENT ROLL COMPLETED FROM TWO THOU-
   51  SAND FOURTEEN TO TWO THOUSAND TWENTY EXCEEDS THE TOTAL SQUARE FOOTAGE OF
   52  THE IMPROVEMENTS ON  THE  PROPERTY  APPEARING  ON  THE  ASSESSMENT  ROLL
   53  COMPLETED  IN  TWO THOUSAND TWELVE, THE AMOUNT OF THE AGGREGATE PHYSICAL
   54  INCREASE SHALL NOT EXCEED THE AMOUNT COMPUTED BY MULTIPLYING THE SUM  OF
   55  THE  PHYSICAL  INCREASES  AS CALCULATED SUBJECT TO THIS SUBDIVISION BY A
   56  FRACTION, THE NUMERATOR OF WHICH IS EQUAL TO THE  AMOUNT  OF  THE  TOTAL
       S. 5800                             4

    1  SQUARE  FOOTAGE  OF  THE  IMPROVEMENTS  ON  THE PROPERTY FOR THE CURRENT
    2  ASSESSMENT ROLL, AND THE DENOMINATOR OF WHICH IS EQUAL TO THE AMOUNT  OF
    3  THE  TOTAL  SQUARE  FOOTAGE  OF THE IMPROVEMENTS ON THE PROPERTY FOR THE
    4  ASSESSMENT  ROLL  COMPLETED IN TWO THOUSAND TWELVE. FOR PURPOSES OF THIS
    5  PARAGRAPH, IF IMPROVEMENTS ON THE PROPERTY LOCATED BELOW GRADE WERE  NOT
    6  INCLUDED IN THE TOTAL SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE PROPERTY
    7  FOR  THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND TWELVE, SUCH IMPROVE-
    8  MENTS SHALL NOT BE INCLUDED IN THE TOTAL SQUARE FOOTAGE  FOR  SUBSEQUENT
    9  ASSESSMENT  ROLLS  IF  THE  IMPROVEMENTS WERE MOVED ABOVE GRADE OR OTHER
   10  BUILDING ELEVATIONS WERE CONSTRUCTED ON THE PROPERTY TO PREVENT OR MITI-
   11  GATE FLOODING AS PART OF RECONSTRUCTION OR REPAIR IN CONNECTION WITH THE
   12  DAMAGE CAUSED BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH  AND
   13  THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE.
   14    S 2. This act shall take effect immediately.
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