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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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5800
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      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    § 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    § 2. This act shall take effect immediately.
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