NY A05037 | 2009-2010 | General Assembly
Status
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: Introduced on February 10 2009 - 25% progression, died in committee
Action: 2010-01-06 - referred to real property taxation
Pending: Assembly Real Property Taxation Committee
Text: Latest bill text (Introduced) [HTML]
Status: Introduced on February 10 2009 - 25% progression, died in committee
Action: 2010-01-06 - referred to real property taxation
Pending: Assembly Real Property Taxation Committee
Text: Latest bill text (Introduced) [HTML]
Summary
To create a new Article 17 which would authorize Westchester county to adopt a local law to provide that the real property tax within the cities, towns and villages therein be administered in accordance with the provisions of the new Article 17. These provisions include the following: 1) the local law shall include provisions establishing a county revaluation commission to oversee a county-wide revaluation to be completed at the expense of Westchester county; 2) the revaluation commission is to take all necessary steps for implementation of the revaluation, but shall have no authority to review the valuation or exempt status of any individual parcel as established by an assessor or board of assessment review; 3) the revaluation commission is to cease to exist upon completion of the revaluation; 4) the revaluation is to be entered on the first final assessment roll to be completed on or after August 1st of the third calendar year following the adoption, by the county, of the local law; 5) valuation data is to be provided to each assessing unit by the county as part of the revaluation program; 6) each assessing unit within the county is to adopt an assessment roll with full value assessments thereon; 7) each assessing unit is to conduct an update of assessments every five years thereafter; 8) all real property in each assessing unit is to be valued at its full value as of the first day of January of the year preceding the year in which the initial revaluation is implemented, and on the first day of January in every fifth year thereafter; 9) assessments may be challenged on the grounds of inequality only if the county has determined that an assessing unit is not in compliance with the full value standard, and such determination, if timely challenged by the assessing unit, is upheld on appeal, or the complainant demonstrates by clear and convincing evidence that the assessing unit is not in compliance with the full value standard; 10) the State Board is to establish identical equalization rates for all of the assessing units in the county; 11) if an assessing unit files a complaint with respect to a tentative equalization rate, it must also serve a copy of the complaint upon all other assessing units in the county; 12) any assessing unit may support, object to, or express an opinion on a complaint filed by another assessing unit, by filing a written statement with the State Board on or before the date on which the complaint is scheduled to be heard; 13) any change made to the tentative equalization rate is to apply to all of the assessing units in the county; 14) if any assessing unit petitions for judicial review of a final equalization rate, it must also serve a copy of its petition upon all other assessing units in the county; 15) any change made to a final equalization rate as a result of a judicial review is to apply to all of the assessing units in the county; 16) generally, taxes will be levied based upon the assessed value of property, without apportionment or equalization; 17) the county is to review assessment rolls to determine whether the assessing unit is in compliance with the full value standard of assessment; 18) where the county determines that the assessing unit is in compliance with the full value standard of assessment, a percentage of 100% is to be used for the equalization of assessments of special franchise property, assessments of taxable state land, railroad ceilings and any other assessment, ceiling, exemption or value for which any statute requires application of a state equalization rate; 19) where the county determines that an assessing unit is not in compliance with the full value standard of assessment, the county, after consulting with the assessing unit, may request the public official having custody of the assessment roll or any tax levying body to take any actions necessary to provide for an equitable apportionment of taxes; 20) an assessing unit that does not agree with the county's determination may request further review of the matter by the municipal compliance appeals panel; 21) the municipal compliance appeals panel is comprised of five members each being a resident of a different assessing unit in the county; 22) any municipal corporation adversely affected by any action, or lack of action, by the action or any determination by the municipal compliance appeals panel, may seek review by the state board; 23) the standard of review by the state board is whether the action taken resulted in a fair and equitable apportionment of taxes; 24) the assessor of each assessing unit within the county is to classify all real property on each assessment roll into three classes: - class one is all one, two, and three family residential property, all residential condominium property and vacant property zoned residential; - class two is all other residential real property, except hotels and motels and other similar commercial property; - class three is all other real property which is not designated as class one or class two; 25) a municipal corporation may adopt a local law, without referendum, providing that the taxes of such municipal corporation are to be allocated among the real property classes using class tax rates; provided however that a school district which is wholly contained within a town or city shall adopt the class tax rates in accordance with the inter-class relationships prescribed by the city or town; 26) a municipal corporation determines class tax rates by determining the current percentage of taxable assessed value of each class on the assessment roll and adjusting those percentages subject to statutory limitations. Those limitations include the option of applying a Homeowner Protection Factor which would prevent the shift of tax burden from the commercial class to the residential class; 27) the class tax rates allow the municipal corporation to shift a portion of the tax burden from class one and class two to class three and thereby protect against a post revaluation shift of tax burden from commercial property to residential property; 28) condominiums classified within class one are to be given a restricted assessment value (i.e., subject to the assessment restriction limitations of RPTL S 581 and Real Property Law S 339-Y) and unrestricted assessed value (market value); 29) a municipal corporation which levies taxes using the classified tax rate system is to levy taxes against the unrestricted assessed value of the condominium and a municipal corporation which does not use the classified tax rate system is to levy taxes against the restricted assessed value; 30) the local law adopted by the county to implement the provisions of Article 17 may also provide for a transitional exemption from taxation, for any parcel which receives an increase in assessment above the change in level of assessment which occurs due to the revaluation; 31) the transitional exemption is to be phased out over a four year period; 32) state assistance is to be available to Westchester County if it implements the provisions of Article 17 in the form of a one-time payment of up to ten dollars per parcel; 33) a municipal corporation which is wholly or partially in Westchester County, may increase the maximum income eligibility level for purposes of the senior citizens exemption (RPTL S467) if the median per capita income in such county exceeds the median per capita income of the State as a whole; 34) A special partial exemption of 30% up to $35,000 shall be allowed on all property, except condominiums which benefit from a restricted assessment pursuant to RPTL 339-Y; and 35) The assessment on a parcel of property may be reviewed a maximum of two times within the five year cycle.
Title
An act to amend the real property tax law, in relation to a cooperative real property tax administration system
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2010-01-06 | referred to real property taxation | |
| 2009-03-10 | reported referred to ways and means | |
| 2009-02-10 | referred to real property taxation |
Same As/Similar To
S4558 (Same As) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT
