New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A04588 Summary:

A04588 Actions:

A04588 Floor Votes:

A04588 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4588--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2009
                                       ___________
 
        Introduced  by M. of A. BRADLEY, GALEF, PAULIN, LATIMER -- read once and
          referred to the Committee on Real Property Taxation  --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 

        AN  ACT  to  amend  the real property tax law, in relation to creating a
          county commercial assessment ratio
 
          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 1215 to read as follows:
     3    § 1215. Establishment of a county commercial assessment ratio.  1. For
     4  purposes of this section:
     5    (a) "market value ratio" means the ratio of  assessed  value  to  full
     6  value of the taxable real property on a final assessment roll;
     7    (b)  "major  type  B" property means a group of taxable parcels desig-
     8  nated as commercial property including apartments, industrial  property,

     9  recreation  and entertainment property, taxable community services prop-
    10  erty, and public services property not contained with major type D prop-
    11  erty: except in a homestead assessing unit, major type B  property  also
    12  includes residential property not in major type A;
    13    (c) "non-reassessment municipality" means any municipality that is not
    14  designated as a reassessment municipality;
    15    (d) "major type A" property means residential real property other than
    16  apartments,  except  that  for  a homestead assessing unit, major type A
    17  designates the homestead class as defined in  section  nineteen  hundred
    18  one of this chapter; and
    19    (e)  "major  type D" designates public services utility real property,

    20  not including ceiling railroad and special franchise property.
    21    2. Notwithstanding any other provision of law to the contrary, for  an
    22  assessing  unit  contained  in any county with a population of more than
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03364-03-9
        A. 4588--A                          2
 
     1  nine hundred twenty-three thousand but less than  nine  hundred  twenty-
     2  four thousand as determined by the two thousand federal decennial census
     3  there shall be established a commercial assessment ratio as follows:
     4    (a)  Sixty  days prior to the date for filing the tentative assessment

     5  roll of an assessing unit, the state board shall establish  the  commer-
     6  cial  assessment  ratio for such city, town or village provided that (i)
     7  the state board is required by law to  establish  a  state  equalization
     8  rate  for such city, town or village, and has established such equaliza-
     9  tion rate, and (ii) that such city, town or village  is  not  a  special
    10  assessing  unit as defined in section eighteen hundred one of this chap-
    11  ter, and (iii) the city, town or village is not completing a revaluation
    12  or update. In the case of a city in a county having a county  department
    13  of  assessment  with  the power to assess real property, the state board
    14  also shall establish a commercial assessment ratio for that  portion  of

    15  the  county  roll containing the assessments of taxable real property in
    16  such city.
    17    (b) Such commercial assessment ratio shall be the market  value  ratio
    18  for  major  type  B  property for non-reassessment municipalities estab-
    19  lished pursuant to the rules, regulations and procedures promulgated  by
    20  the state board for the establishment of state equalization rates.
    21    (c) Notwithstanding the provisions of subdivision one of this section,
    22  a  city,  town,  or  village may by local law provide that no commercial
    23  assessment ratio shall be applicable within its jurisdiction.
    24    § 2. Subparagraph 3 of paragraph (b) of subdivision 3 of  section  720
    25  of  the  real  property tax law is amended by adding a new clause (e) to
    26  read as follows:

    27    (e) in assessing units that  have  an  established  county  commercial
    28  assessment  ratio  other  than  special  assessing  units  as defined in
    29  section eighteen hundred one of this chapter, and upon the review of  an
    30  assessment of major type B property as defined in section twelve hundred
    31  fifteen of this chapter, the commercial assessment ratio established for
    32  the roll containing the assessment under review.
    33    §  3. This act shall take effect immediately and shall apply beginning
    34  with the 2009 assessment roll.