STATE OF NEW YORK
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8143
IN SENATE
June 14, 2016
___________
Introduced by Sen. STEWART-COUSINS -- 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
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
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.
LBD15668-05-6
S. 8143 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 exemptionPercentage of Exemption
54 166% of exemption base
55 233% of exemption base
S. 8143 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 eighty-five thousand persons and not more than ninety-
24 five thousand persons located in a county of not less than nine hundred
25 thirty thousand persons and not more than one million two hundred thou-
26 sand persons, based upon the latest U.S. census, if such town adopts the
27 provisions of section 485-s of the real property tax law for the assess-
28 ment roll finalized in the year 2016. Notwithstanding paragraph (a) of
29 subdivision 4 of section 485-s of the real property tax law, applica-
30 tions for exemption shall be filed with the assessor on or before a date
31 specified in the local law adopting the provisions of section 485-s of
32 the real property tax law on a form prescribed by such town may be used
33 in its place. Notwithstanding any other section of law to the contrary,
34 to the extent the taxable assessed value of the property originally
35 appearing on such roll exceeds the amount to which it should be reduced
36 pursuant to section 485-s of the real property tax law, the assessor
37 shall amend the assessment roll accordingly. The assessor shall give
38 written notice of such exemption to the property owner. Where the
39 assessor denies an exemption pursuant to section 485-s of the real prop-
40 erty tax law for the 2016 assessment roll, the property owner may file a
41 complaint with the board of assessment review. Such board shall recon-
42 vene on a date or dates established by the assessing unit, provided at
43 least ten days' notice is given in writing, by certified mail, returned
44 receipt requested, to the property owner, to hear the appeal and deter-
45 mine the matter, and shall mail written notice of its determination to
46 the assessor and property owner. Notwithstanding sections 283.161 and
47 283.171 of the Westchester County Administrative Code, for the purpose
48 of implementing the residential revaluation exemption, the assessor
49 shall file the 2016 assessment roll on or before the first day of Decem-
50 ber. The rights contained in this act shall not otherwise diminish any
51 other legally available right of any property owner or party who may
52 otherwise lawfully challenge the valuation or assessment of any real
53 property or improvements thereon. All remaining rights hereby remain and
54 shall be available to the party to whom such rights would otherwise be
55 available notwithstanding this act.
S. 8143 4
1 § 3. This act shall take effect immediately and shall apply to assess-
2 ment rolls prepared on and after January 1, 2016.
