LBD09625-01-9
A. 10807 2
THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY THE APPLICANT OR APPLI-
CANTS FROM FURTHER DEFERMENT FOR A PERIOD OF FIVE YEARS.
C. APPLICATIONS SHALL BE AVAILABLE FROM THE COUNTY AGENCY OF REAL
PROPERTY TAX SERVICES, ASSESSORS OF EACH ASSESSING UNIT OF THE COUNTY
AND THE CLERKS OF EACH CITY, TOWN AND VILLAGE IN THE COUNTY.
D. ON OR BEFORE OCTOBER FIFTEENTH THE COUNTY AGENCY OF REAL PROPERTY
TAX SERVICES SHALL NOTIFY EACH OWNER OR GROUP OF OWNERS, ON A FORM
PRESCRIBED BY THE STATE BOARD, OF THE APPROVAL OR DENIAL OF THE TAX
DEFERMENT APPLICATION. EACH OWNER OR GROUP OF OWNERS DENIED THE DEFER-
MENT SHALL BE NOTIFIED OF THE REASON OR REASONS FOR SUCH DENIAL AND MAY
CONTEST SUCH DENIAL BY FILING A COMPLAINT WITH THE CLERK OF THE COUNTY
LEGISLATIVE BODY PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION. FAILURE
TO MAIL ANY SUCH NOTICE OR FAILURE OF SUCH OWNER OR GROUP OF OWNERS TO
RECEIVE THE SAME SHALL NOT PREVENT THE LEVY, COLLECTION AND ENFORCEMENT
OF THE PAYMENT OF TAXES ON PROPERTY OWNED BY SUCH OWNER OR GROUP OF
OWNERS.
E. AT THE SAME TIME NOTICE IS GIVEN TO EACH APPROVED APPLICANT, THE
COUNTY DIRECTOR OF REAL PROPERTY TAX SERVICES SHALL TRANSMIT TO THE
COUNTY CLERK A NOTICE OF A TAX DEFERMENT LIEN AND STATE THE PERSON OR
PERSONS FOR WHOM A REAL PROPERTY TAX DEFERMENT WAS APPROVED AND THE
LOCATION OF THE REAL PROPERTY. THE COUNTY CLERK SHALL FILE SUCH NOTICE
IN THE TAX DEFERMENT LIEN INDEX AS PRESCRIBED IN SUBDIVISION SEVEN OF
THIS SECTION.
F. A TAX DEFERMENT CERTIFICATE, PRESCRIBED BY THE STATE BOARD, SHALL
BE GRANTED FOR EACH APPROVED APPLICATION. SUCH CERTIFICATE SHALL NAME
THE OWNER OR OWNERS OF THE PROPERTY, THE LOCATION OF THE PROPERTY FOR
WHICH TAXES ARE DEFERRED, THE MUNICIPAL CORPORATIONS TO WHICH THE DEFER-
MENT IS APPLICABLE AND THE DATE ON WHICH THE FISCAL YEAR COMMENCES OF
EACH MUNICIPAL CORPORATION TO WHICH THE DEFERMENT IS APPLICABLE. SUCH
CERTIFICATE SHALL BE PRESENTED TO THE COLLECTING OFFICER AT THE TIME
PRESCRIBED FOR PAYMENT OF TAXES, SPECIAL AD VALOREM LEVIES OR SPECIAL
ASSESSMENTS.
G. THE REAL PROPERTY TAX DEFERMENT ON REAL PROPERTY OWNED BY HUSBAND
AND WIFE, ONE OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OVER, ONCE GRANTED,
SHALL NOT BE DENIED BY THE COUNTY SOLELY BECAUSE OF THE DEATH OF THE
OLDER SPOUSE PROVIDED THAT THE SURVIVING SPOUSE IS AT LEAST SIXTY-TWO
YEARS OF AGE. IN THE EVENT THE SURVIVING SPOUSE IS LESS THAN SIXTY-TWO
YEARS OF AGE, THE SURVIVING SPOUSE SHALL BE ELIGIBLE FOR THE TAX DEFER-
MENT UPON BECOMING SIXTY-TWO YEARS OF AGE PROVIDED ALL OTHER ELIGIBILITY
REQUIREMENTS ARE MET.
3. NO DEFERMENT SHALL BE APPROVED:
A. IF THE GROSS INCOME OF THE OWNER FOR THE INCOME TAX YEAR IMMEDIATE-
LY PRECEDING THE DATE OF MAKING APPLICATION FOR THE DEFERMENT EXCEEDS A
SUM NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS OR THE EARNED INCOME OF
THE OWNER FOR SUCH TAX YEAR EXCEEDS A SUM NOT LESS THAN FIVE THOUSAND
DOLLARS. INCOME TAX YEAR SHALL MEAN THE TWELVE MONTH PERIOD FOR WHICH
THE OWNER OR OWNERS FILED A FEDERAL PERSONAL INCOME TAX RETURN, OR IF NO
SUCH RETURN IS FILED, THE CALENDAR YEAR. SUCH GROSS INCOME SHALL INCLUDE
SOCIAL SECURITY AND RETIREMENT BENEFITS, INTEREST, DIVIDENDS, TOTAL GAIN
FROM THE SALE OR EXCHANGE OF A CAPITAL ASSET WHICH MAY BE OFFSET BY A
LOSS FROM THE SALE OR EXCHANGE OF A CAPITAL ASSET IN THE SAME INCOME TAX
YEAR, NET RENTAL INCOME, EARNED INCOME FROM SALARY OR EARNINGS AND NET
INCOME FROM SELF-EMPLOYMENT, BUT SHALL NOT INCLUDE A RETURN OF CAPITAL,
GIFTS OR INHERITANCES. IN COMPUTING NET RENTAL INCOME AND NET INCOME
FROM SELF-EMPLOYMENT NO DEPRECIATION DEDUCTION SHALL BE ALLOWED FOR THE
A. 10807 3
EXHAUSTION, WEAR AND TEAR OF REAL OR PERSONAL PROPERTY HELD FOR THE
PRODUCTION OF INCOME;
B. UNLESS THE PROPERTY IS USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES;
C. UNLESS THE REAL PROPERTY IS THE LEGAL RESIDENCE OF AND IS OCCUPIED
IN WHOLE OR IN PART BY THE OWNER OR BY ALL OF THE OWNERS OF THE PROPER-
TY;
D. IF THE TAX DEFERMENT LIEN, AS DEFINED IN PARAGRAPH A OF SUBDIVISION
FOUR OF THIS SECTION, EXCEEDS EIGHTY PERCENT OF THE EQUITY OF THE PROP-
ERTY, A LOWER PERCENTAGE, OF NOT LESS THAN FIFTY PERCENT, MAY BE ESTAB-
LISHED BY THE LOCAL LAW ADOPTED PURSUANT TO THIS SECTION. FOR THE
PURPOSES OF THIS SECTION, EQUITY SHALL BE DETERMINED BY DIVIDING THE
ASSESSED VALUE OF THE PROPERTY AS LISTED ON THE LATEST COMPLETED ASSESS-
MENT ROLL BY THE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE FOR SUCH
ROLL LESS THE AMOUNT OF PRIOR MORTGAGES AND JUDGMENTS AND THE AMOUNT OF
ANY LIENS LEVIED BY THE COUNTY PURSUANT TO ARTICLE FIVE OF THE SOCIAL
SERVICES LAW PRIOR OR SUBSEQUENT TO THE APPROVAL OF THE DEFERMENT;
PROVIDED, HOWEVER, THAT, SHOULD THE TAX DEFERMENT LIEN EXCEED SUCH
LIMIT, REPAYMENT OF THE DEFERRED AMOUNTS SHALL BE GOVERNED BY PARAGRAPH
B OF SUBDIVISION FOUR OF THIS SECTION;
E. UNLESS ALL REAL PROPERTY TAXES, SPECIAL AD VALOREM LEVIES AND
SPECIAL ASSESSMENTS ARE PAID OR DEFERRED;
F. UNLESS AN ADEQUATE FIRE INSURANCE POLICY OR CONTRACT AND AN
EXTENDED COVERAGE POLICY OR CONTRACT IS IN FORCE COVERING THE PROPERTY;
AND UNLESS AN ADEQUATE FLOOD INSURANCE POLICY OR CONTRACT IS IN FORCE
COVERING PROPERTY LOCATED WITHIN AREAS OF SPECIAL FLOOD HAZARD IDENTI-
FIED BY THE FEDERAL INSURANCE ADMINISTRATION, IF SUCH A POLICY OR
CONTRACT IS REQUIRED BY THE LOCAL LAW ADOPTED PURSUANT TO THIS SECTION;
AND AN ADEQUATE INSURANCE POLICY OR CONTRACT SHALL MEAN A POLICY OR
CONTRACT THAT NAMES THE COUNTY AS AN ADDITIONAL NAMED INSURED AS
PROVIDED IN SUBSECTION (B-1) OF SECTION THREE THOUSAND FOUR HUNDRED FOUR
OF THE INSURANCE LAW. SUCH POLICY OR CONTRACT SHALL BE IN AN AMOUNT NOT
LESS THAN THE PERCENTAGE OF EQUITY AS PROVIDED BY THE LOCAL LAW ADOPTED
PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION;
G. IF THERE ARE ANY UNPAID MECHANIC'S LIENS OR JUDGMENTS FILED AGAINST
SUCH PROPERTY PRIOR TO THE DATE THE INITIAL DEFERMENT IS APPROVED PURSU-
ANT TO THIS SECTION; OR
H. FOR SCHOOL PURPOSES IN THE CASE WHERE A CHILD RESIDES IF SUCH CHILD
ATTENDS A PUBLIC SCHOOL OF ELEMENTARY OR SECONDARY EDUCATION.
4. A. THE AMOUNT OF TAXES, SPECIAL AD VALOREM LEVIES, SPECIAL ASSESS-
MENTS, INTEREST AND OTHER CHARGES AS DEFERRED SHALL CONSTITUTE AND
REMAIN A LIEN AGAINST THE REAL PROPERTY IN FAVOR OF THE COUNTY AND SHALL
BE KNOWN AS A TAX DEFERMENT LIEN. SUCH TAX DEFERMENT LIEN SHALL BE IN AN
AMOUNT EQUAL TO THE CUMULATIVE AMOUNT OF TAXES, SPECIAL AD VALOREM
LEVIES AND SPECIAL ASSESSMENTS SO DEFERRED PLUS AN ANNUAL TEN DOLLAR
ADMINISTRATIVE FEE PLUS AN AMOUNT EQUAL TO THE ANNUAL PRO-RATA INTEREST
EXPENSE CALCULATED ANNUALLY, AT MOODY'S AVERAGE FOR COMMERCIAL PRIME
RATE LOANS, PLUS A PRO-RATA INSURANCE FEE IF THE COUNTY MAINTAINS A
SUPPLEMENTARY INSURANCE POLICY.
B. (1) THE TAX DEFERMENT LIEN SHALL BECOME DUE AND PAYABLE: (I) UPON A
CONVEYANCE OF THE REAL PROPERTY BY THE PERSON OR PERSONS OR THE SURVIVOR
OF THEM, TO WHOM THE DEFERMENT IS GRANTED; OR (II) ONE YEAR AFTER THE
DEATH OF THE PERSON TO WHOM THE DEFERMENT IS GRANTED; OR, IF MORE THAN
ONE PERSON, ONE YEAR AFTER THE DEATH OF THE SURVIVOR OF THEM; OR (III)
WHEN ADEQUATE INSURANCE AS REQUIRED BY PARAGRAPH F OF SUBDIVISION THREE
OF THIS SECTION IS NOT MAINTAINED; OR (IV) WHEN A FORECLOSURE PROCEEDING
IS COMMENCED BY THE HOLDER OF A SECURED INTEREST IN THE PROPERTY WHICH
A. 10807 4
IS SUPERIOR TO THE TAX DEFERMENT LIEN, WHICHEVER OCCURS FIRST.
PROVIDED, HOWEVER, IN THE EVENT OF THE DEATH OF EITHER A HUSBAND OR WIFE
IN WHOSE NAME TITLE OF THE PROPERTY SHALL HAVE BEEN VESTED AT THE TIME
OF DEATH AND THEN BECOMES VESTED SOLELY IN THE SURVIVOR BY VIRTUE OF
DEVISE BY OR DESCENT FROM THE DECEASED SPOUSE, THAT THE TAX DEFERMENT
LIEN SHALL NOT BECOME DUE AND PAYABLE UNTIL A CONVEYANCE OF THE REAL
PROPERTY BY THE SURVIVING SPOUSE OR UNTIL ONE YEAR AFTER THE DEATH OF
THE SURVIVING SPOUSE, WHICHEVER OCCURS FIRST.
(2) IN THE EVENT THE TAX DEFERMENT LIEN BECOMES DUE AND PAYABLE PURSU-
ANT TO ANY OF THE ABOVE PROVISIONS, AND PAYMENT IS NOT RECEIVED BY THE
COUNTY WITHIN TEN DAYS OF THE DATE PAYMENT BECOMES DUE, THE COUNTY SHALL
HAVE THE RIGHT AND POWER TO COMMENCE A FORECLOSURE PROCEEDING PURSUANT
TO THE PROVISIONS OF ARTICLE THIRTEEN OF THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, AS IF THE TAX DEFERMENT LIEN WERE A MORTGAGE, AND THE
COUNTY SHALL HAVE THE SAME RIGHTS AS A HOLDER OF A MORTGAGE ON SUCH
PROPERTY.
C. THE OWNER OR OWNERS OF SUCH REAL PROPERTY, HAVING RECEIVED SUCH A
TAX DEFERMENT PURSUANT TO THIS SECTION, MAY TERMINATE THE DEFERMENT AND
REMOVE THE RESULTANT TAX DEFERMENT LIEN ON SAID PROPERTY AT ANY TIME BY
PAYING IN FULL THE CUMULATIVE AMOUNT OF THE TAX DEFERMENT LIEN.
D. THE OWNER OR OWNERS OF SUCH REAL PROPERTY, HAVING RECEIVED A TAX
DEFERMENT PURSUANT TO THIS SECTION, MAY REDUCE THE TAX DEFERMENT LIEN BY
THE AMOUNT OF A PAYMENT MADE TO THE COUNTY TREASURER FOR SUCH PURPOSE.
5. A. THE COUNTY DIRECTOR OF REAL PROPERTY TAX SERVICES SHALL, ON OR
BEFORE MAY FIRST, MAIL TO EACH PERSON WHO WAS GRANTED AN EXEMPTION
PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN OF THIS TITLE ON THE LATEST
COMPLETED ASSESSMENT ROLL OR A DEFERMENT PURSUANT TO THIS SECTION FOR
THE CURRENT COUNTY FISCAL YEAR, AN APPLICATION FORM FOR A TAX DEFERMENT
AND A NOTICE THAT SUCH APPLICATION MUST BE FILED NO LATER THAN JULY
FIRST IN ORDER FOR THE DEFERMENT TO BE GRANTED OR CONTINUED. FAILURE TO
MAIL ANY SUCH APPLICATION FORM OR NOTICE OR THE FAILURE OF SUCH PERSON
OR GROUP OF PERSONS TO RECEIVE THE SAME SHALL NOT PREVENT THE LEVY,
COLLECTION AND ENFORCEMENT OF THE PAYMENT OF THE TAXES ON PROPERTY OWNED
BY SUCH PERSON OR GROUP OF PERSONS.
B. UPON ADOPTION OF THE LOCAL LAW AUTHORIZING THE TAX DEFERMENT, THE
LEGISLATIVE BODY OF THE COUNTY SHALL NOTIFY THE DESIGNATED AREA AGENCY
ON AGING, CREATED PURSUANT TO THE FEDERAL OLDER AMERICANS ACT OF NINE-
TEEN HUNDRED SIXTY-FIVE AS AMENDED, OF ITS ACTION AND THE SPECIFICS OF
THE LOCAL LAW. EACH SUCH AREA AGENCY ON AGING SHALL CAUSE SUCH NOTICE OF
ADOPTION TO BE DISSEMINATED TO SENIOR CITIZENS IN THE APPROPRIATE COUN-
TY.
6. A. UPON THE EXPIRATION OF THE TAX WARRANT, EACH COLLECTING OFFICER
SHALL MAKE AND DELIVER TO THE APPROPRIATE AUTHORITIES AN ACCOUNT PURSU-
ANT TO THE PROVISIONS OF THIS CHAPTER OF ALL TAXES LISTED ON THE TAX
ROLL FOR WHICH A TAX DEFERMENT CERTIFICATE HAS BEEN PRESENTED.
B. IN THE CASE OF A CITY, EXCEPT A CITY WITH A POPULATION OF ONE
MILLION OR MORE, NOTWITHSTANDING ANY LAW OR CITY CHARTER TO THE CONTRA-
RY, THE FOLLOWING PROVISIONS SHALL GOVERN THE REPORT OF THE DEFERRED
TAXES AND PAYMENT OF SUCH DEFERRED TAXES: AT THE SAME TIME THAT THE
TREASURER RETURNS THE TAX ROLL AND WARRANT, HE SHALL DELIVER TO THE CITY
COUNCIL AN ACCOUNT OF TAXES DEFERRED PURSUANT TO THIS SECTION. SUCH
ACCOUNT SHALL DESCRIBE EACH PARCEL OF REAL PROPERTY UPON WHICH TAXES ARE
DEFERRED, SHALL SHOW THE PERSON OR PERSONS IN WHOSE NAME ASSESSED AND
THE AMOUNT OF THE DEFERRED TAX. UPON FILING WITH THE CITY COUNCIL A
VERIFIED STATEMENT THAT TAX DEFERMENT CERTIFICATES HAVE BEEN PRESENTED
FOR DEFERRED TAXES PURSUANT TO THIS SECTION, THE TREASURER SHALL BE
A. 10807 5
CREDITED WITH THE AMOUNT THEREOF. UPON RECEIVING SUCH STATEMENT OF
DEFERRED TAXES THE CITY COUNCIL SHALL COMPARE IT TO THE ORIGINAL TAX
ROLL, AND IF THEY FIND IT CORRECT, THEY SHALL ADD TO SUCH STATEMENT
THEIR CERTIFICATE TO THE EFFECT THEY HAVE COMPARED IT WITH THE ORIGINAL
AND FOUND IT TO BE CORRECT, AND SHALL IMMEDIATELY TRANSMIT THE STATEMENT
AND CERTIFICATE TO THE TREASURER OF THE COUNTY. THE COUNTY TREASURER, ON
OR BEFORE THE FIRST DAY OF APRIL FOLLOWING THE RECEIPT OF SUCH STATEMENT
AND CERTIFICATE AS PROVIDED IN THIS SUBDIVISION, SHALL PAY TO THE CITY
TREASURER THE AMOUNT OF SUCH DEFERRED TAXES.
C. (1) IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE
THE CITY COLLECTOR OR THE DEPUTY COLLECTOR IN EACH BOROUGH OFFICE OF THE
CITY COLLECTOR SHALL ENTER UPON ACCOUNTS, TO BE MAINTAINED IN EACH SUCH
OFFICE FOR EACH PARCEL OF PROPERTY, THE RECEIPT OF A TAX DEFERMENT
CERTIFICATE, THE AMOUNT THEREFOR, AND THE DATE WHEN PAID. HE SHALL DAILY
ENTER INTO SUITABLE BOOKS TO BE KEPT FOR THE PURPOSE OF SUCH ACCOUNTS,
SUCH RECEIPT AND THE RESPECTIVE PARCELS ON ACCOUNT OF WHICH THE SAME
WERE RECEIVED.
(2) AT THE CLOSE OF OFFICE HOURS EACH DAY, HE SHALL RENDER TO THE
COMMISSIONER OF FINANCE OR THE DEPUTY COMMISSIONER OF FINANCE IN SUCH
BOROUGH A STATEMENT OF TAXES DEFERRED. HE SHALL THEREUPON RECEIVE FROM
SUCH COMMISSIONER OF FINANCE OR DEPUTY COMMISSIONER OF FINANCE A VOUCHER
FOR THE RECEIPT OF SAID CERTIFICATES WHICH HE SHALL EXHIBIT TO THE COMP-
TROLLER NOT LATER THAN THE NEXT SUCCEEDING BUSINESS DAY.
(3) AT THE CLOSE OF OFFICE HOURS EACH DAY, HE SHALL ALSO FURNISH A
STATEMENT OF TAXES DEFERRED TO THE COMPTROLLER WHO SHALL FILE THE SAME
IN HIS OFFICE. SUCH STATEMENT SHALL INDICATE IN DETAIL SUCH SUMS SO
RECEIVED AND THE RESPECTIVE PARCELS ON ACCOUNT OF WHICH THE SAME WERE
RECEIVED. THE COMPTROLLER SHALL, ON EACH DAY, IMMEDIATELY AFTER RECEIV-
ING SUCH STATEMENT, COMPARE IT WITH A VOUCHER FURNISHED TO HIM BY THE
COMMISSIONER OF FINANCE INDICATING THEY HAVE BEEN DEFERRED ON SUCH DAY
AND IF THE AMOUNTS THEREOF SHALL CORRESPOND, SHALL CREDIT THE CITY
COLLECTOR IN HIS BOOKS WITH SUCH AMOUNT.
7. A. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED
TWENTY-NINE OF THE COUNTY LAW OR ANY OTHER PROVISIONS OF LAW TO THE
CONTRARY, THE COUNTY CLERK SHALL PROCURE, AT THE EXPENSE OF THE COUNTY,
A FILE TO BE STYLED AND LABELED "TAX DEFERMENT LIEN NOTICES", AND AN
INDEX BOOK TO BE STYLED AND LABELED "TAX DEFERMENT LIEN INDEX". WHEN A
NOTICE OF ANY SUCH TAX DEFERMENT LIEN IS PRESENTED TO HIM FOR FILING, HE
SHALL ENDORSE THEREON A SERIAL NUMBER AND THE DATE, HOUR AND MINUTE OF
ITS RECEIPT, FILE IT IN NUMERICAL ORDER AND ENTER IT ALPHABETICALLY IN
THE TAX DEFERMENT LIEN INDEX. THE ENTRY SHALL SHOW THE NAME OF THE OWNER
OR OWNERS AND THE LOCATION OF THE REAL PROPERTY NAMED IN THE NOTICE, THE
AFORESAID ENDORSED SERIAL NUMBER, THE DATE OF FILING AND THE AMOUNT OF
THE TAX DEFERRED, WHICH INFORMATION SHALL BE CONTAINED IN THE NOTICE OF
LIEN.
B. NO FEE IS TO BE PAID THE CLERK FOR FILING AND INDEXING EACH NOTICE
OF TAX DEFERMENT LIEN, INCLUDING AN AMENDMENT THERETO AS PROVIDED IN
SUBDIVISION NINE OF THIS SECTION. A FEE OF TWO DOLLARS PER YEAR FOR EACH
CERTIFICATE OF RELEASE OR DISCHARGE RELATING THERETO SHALL BE CHARGED BY
THE CLERK FOR FILING AND RECORDING OF THE SAME.
8. A. AN OWNER OR OWNERS OF PROPERTY WHO HAVE BEEN DENIED A TAX DEFER-
MENT PURSUANT TO THIS SECTION MAY CONTEST SUCH DENIAL BY FILING A
COMPLAINT WITH THE CLERK OF THE COUNTY LEGISLATIVE BODY ON A FORM
PRESCRIBED BY THE STATE BOARD ON OR BEFORE NOVEMBER FIFTEENTH. SUCH
COMPLAINT SHALL SPECIFY THE REASONS FOR REQUESTING REVIEW OF THE DENIAL
OF THE DEFERMENT. THE COUNTY LEGISLATIVE BODY OR THE DEFERMENT REVIEW
A. 10807 6
BOARD APPOINTED BY THE COUNTY LEGISLATIVE BODY PURSUANT TO PARAGRAPH D
OF THIS SUBDIVISION SHALL MEET FOR THE PURPOSES OF REVIEWING SUCH
COMPLAINTS ON OR BEFORE NOVEMBER THIRTIETH.
B. THE COUNTY LEGISLATIVE BODY OR DEFERMENT REVIEW BOARD: (1) SHALL
ESTABLISH A DATE, TIME AND PLACE FOR HEARING COMPLAINTS; (2) SHALL NOTI-
FY THE COMPLAINANT OF THE DATE, TIME AND PLACE OF HEARING; (3) SHALL
REVIEW THE DEFERMENT APPLICATION, REASONS FOR DENIAL AND COMPLAINT FORM;
(4) MAY ADMINISTER OATHS, TAKE TESTIMONY AND HEAR PROOFS IN REGARD TO
ANY COMPLAINT; (5) IS EMPOWERED TO SUSTAIN SUCH DENIAL OR APPROVE A TAX
DEFERMENT IF IT IS SATISFIED THE COMPLAINANT IS ELIGIBLE PURSUANT TO THE
PROVISIONS OF THIS SECTION; AND (6) SHALL NOTIFY THE COUNTY DIRECTOR OF
THE REAL PROPERTY TAX SERVICES OF ITS DETERMINATION.
C. UPON RECEIVING THE DETERMINATION OF THE COUNTY LEGISLATIVE BODY OR
THE DEFERMENT REVIEW BOARD, THE COUNTY DIRECTOR OF REAL PROPERTY TAX
SERVICES SHALL NOTIFY THE APPLICANT OF SUCH DETERMINATION. IF THE TAX
DEFERMENT IS APPROVED, A TAX DEFERMENT CERTIFICATE SHALL BE ISSUED
FORTHWITH. IF THE DENIAL IS SUSTAINED, SUCH NOTICE SHALL CONTAIN THE
STATEMENT: "IF YOU ARE DISSATISFIED WITH THIS DETERMINATION OF YOUR
APPEAL, YOU MAY SEEK JUDICIAL REVIEW OF THE DENIAL OF THE TAX DEFERMENT
AND MAY HAVE SUCH DETERMINATION REVIEWED BY THE STATE SUPREME COURT IN
THE MANNER PROVIDED BY ARTICLE 78 OF THE CPLR." FAILURE TO MAIL ANY SUCH
NOTICE OR FAILURE OF SUCH OWNER OR GROUP OF OWNERS TO RECEIVE ANY OF THE
SAME SHALL NOT PREVENT THE LEVY, COLLECTION OR ENFORCEMENT OF THE
PAYMENT OF THE TAXES ON PROPERTY OWNED BY SUCH OWNER OR GROUP OF OWNERS.
D. THE COUNTY LEGISLATIVE BODY MAY APPOINT A DEFERMENT REVIEW BOARD
WHICH SHALL HAVE ALL THE POWERS AND DUTIES PRESCRIBED IN PARAGRAPH B OF
THIS SUBDIVISION. SUCH BOARD SHALL CONSIST OF NOT LESS THAN THREE NOR
MORE THAN FIVE MEMBERS, A MAJORITY OF WHOM ARE NOT EMPLOYEES OF THE
COUNTY OR OF ANY MUNICIPAL CORPORATION WITHIN THE COUNTY. NEITHER THE
COUNTY DIRECTOR OF REAL PROPERTY TAX SERVICES NOR ANY MEMBERS OF SUCH
STAFF MAY BE APPOINTED TO SUCH BOARD. THE COUNTY LEGISLATIVE BODY MAY
ADOPT A RESOLUTION PROVIDING THAT THE MEMBERS OF SUCH BOARD SHALL BE
PAID FOR THEIR SERVICES. SUCH RESOLUTION SHALL FIX THE AMOUNT OF SUCH
COMPENSATION. NOTWITHSTANDING THE FOREGOING, THE COUNTY LEGISLATIVE
BODY MAY APPOINT A SUBCOMMITTEE OF AT LEAST THREE OF ITS MEMBERS TO
SERVE AS THE DEFERMENT REVIEW BOARD.
9. EACH TAX DEFERMENT LIEN SHALL CONSTITUTE A LIEN AGAINST REAL PROP-
ERTY AS OF THE DATE THE INITIAL TAX DEFERMENT CERTIFICATE IS PRESENTED
TO THE TAX COLLECTING OFFICER; PROVIDED, HOWEVER, THAT EACH SUBSEQUENT
TAX DEFERMENT WITH RESPECT TO THE REAL PROPERTY OF SUCH OWNER OR OWNERS
AFTER THE DATE OF THE FILING OF SUCH INITIAL TAX DEFERMENT LIEN SHALL BE
FILED AS AN AMENDMENT TO SUCH INITIAL LIEN AND ANY AMENDMENTS MADE AND
FILED WITH RESPECT THERETO SHALL HAVE LIEN PRIORITY OVER ANY MORTGAGE,
JUDGMENT OR MECHANIC'S LIEN AGAINST SUCH REAL PROPERTY RECORDED, DOCKET-
ED OR FILED SUBSEQUENT TO THE FILING OF THE INITIAL NOTICE OF TAX DEFER-
MENT LIEN. THE TAX DEFERMENT LIEN AS CREATED BY THIS SECTION SHALL NOT
BE CONSTRUED OR INTERPRETED TO MEAN ANY LIEN OTHER THAN A LIEN AGAINST
REAL PROPERTY, AND SHALL BE SUBORDINATE TO MORTGAGES AND JUDGMENTS OF
RECORD AS OF THE TIME OF THE FILING OF THE INITIAL NOTICE OF A TAX
DEFERMENT LIEN.
10. THE DEFERMENT OF TAXES BY AN OWNER OR OWNERS OF REAL PROPERTY
PURSUANT TO THE PROVISIONS OF THIS SECTION, WHICH OWNER OR OWNERS ARE
ALSO A MORTGAGOR OR MORTGAGORS, OF SUCH PROPERTY, SHALL BE DEEMED NOT TO
BE A DEFAULT IN THE PAYMENT OF TAXES FOR PURPOSES OF ANY COVENANT MADE
BY SUCH MORTGAGOR OR MORTGAGORS TO PAY TAXES.
A. 10807 7
11. A COUNTY WHICH HAS ADOPTED A LOCAL LAW PROVIDING FOR THE DEFERMENT
OF REAL PROPERTY TAXES, SPECIAL ASSESSMENTS AND SPECIAL AD VALOREM
LEVIES IS HEREBY AUTHORIZED AND EMPOWERED TO CONTRACT FOR A SUPPLEMENTA-
RY INSURANCE POLICY. SUCH SUPPLEMENTARY INSURANCE POLICY SHALL INCLUDE
BUT NOT BE LIMITED TO INSURANCE COVERAGE FOR LOSS TO THE COUNTY IN THOSE
INSTANCES WHERE THE PROPERTY VALUE HAS BEEN REDUCED AS A RESULT OF FIRE,
FLOOD OR OTHER OCCURRENCES COVERED BY FIRE AND EXTENDED COVERAGE AND THE
INSURANCE REQUIRED BY PARAGRAPH F OF SUBDIVISION THREE OF THIS SECTION
IS NOT IN FORCE, AND THE RESIDUAL PROPERTY VALUE IS LESS THAN THE
OUTSTANDING TAX DEFERMENT LIEN, OR WHERE THE PROPERTY VALUE IS LESS THAN
THE OUTSTANDING TAX DEFERMENT LIEN AFTER ALL SUPERIOR LIENS HAVE BEEN
SATISFIED. SUCH INSURANCE COVERAGE SHALL NOT EXCEED THE AGGREGATE
AMOUNT OF THE DIFFERENCE BETWEEN THE LAND VALUE AND THE TAX DEFERMENT
LIEN FOR EACH PARCEL OF PROPERTY ON WHICH THERE IS SUCH A LIEN.
12. FOR THE PURPOSES OF THIS SECTION, IN A CITY WITH A POPULATION OF
ONE MILLION OR MORE ALL REFERENCES HEREIN TO COUNTY SHALL MEAN SUCH
CITY; COUNTY AGENCY OF REAL PROPERTY TAX SERVICES SHALL MEAN THE TAX
COMMISSION OF SUCH CITY; COUNTY DIRECTOR OF REAL PROPERTY TAX SERVICES
SHALL MEAN THE PRESIDENT OF THE TAX COMMISSION OF SUCH CITY; COUNTY
TREASURER SHALL MEAN THE FINANCE COMMISSIONER OF SUCH CITY; THE COUNTY
LEGISLATIVE BODY SHALL MEAN THE CITY COUNCIL OF SUCH CITY. APPLICATIONS
IN SUCH CITY SHALL BE FILED WITH THE CITY TAX COMMISSION ON OR BEFORE
JANUARY FIRST; NOTICE OF APPROVAL OR DENIAL SHALL BE MAILED ON OR BEFORE
APRIL FIFTEENTH; DENIAL COMPLAINTS SHALL BE FILED ON OR BEFORE MAY
FIRST; THE CITY COUNCIL OR SUCH OTHER BODY SHALL REVIEW SUCH COMPLAINTS
PRIOR TO JUNE FIRST AND THE MAILING OF APPLICATIONS AND NOTICE OF FILING
DATE SHALL OCCUR ON OR BEFORE NOVEMBER FIRST, PURSUANT TO THE PROVISIONS
OF THIS SECTION.
13. FOR THE PURPOSES OF THIS SECTION, IN A COUNTY WHICH ASSESSES REAL
PROPERTY FOR TAX PURPOSES, ALL REFERENCES TO THE COUNTY AGENCY OF REAL
PROPERTY TAX SERVICES SHALL MEAN THE COUNTY ASSESSOR OR BOARD OF ASSES-
SORS, WHICHEVER IS APPROPRIATE.
S 2. Subdivision 1 of section 922 of the real property tax law, as
amended by chapter 440 of the laws of 1989, paragraph (a) as amended by
section 5 of part B of chapter 389 of the laws of 1997 and subparagraph
(iii) of paragraph (a) as amended by chapter 256 of the laws of 2005, is
amended to read as follows:
1. (a) Upon receipt of the tax roll and warrant, the collecting offi-
cer shall mail to each owner of real property at the tax billing address
listed thereon a statement showing the amount of taxes due on the prop-
erty. The statement must contain:
(i) the mailing address of the owner;
(ii) a description sufficient to effectively apprise the recipient of
the identity and location of the parcel for which it is issued;
(iii) the taxes due on such parcel and the data used to calculate the
amount due, including but not limited to: the full value of the parcel
as determined by the assessor; the uniform percentage of value applica-
ble to the assessing unit (or, in a special assessing unit, the uniform
percentage of value applicable to the class) pursuant to section three
hundred five of this chapter; the total assessed value of the parcel;
the assessed value of the exemptions applied to such parcel for each
taxing purpose and the full value which each such exemption represents;
the taxable assessed value of the parcel for each taxing purpose; and
the tax rate for each taxing purpose; A STATEMENT OF THE CUMULATIVE
AMOUNT OF THE TAX DEFERMENT LIEN;
A. 10807 8
(iv) the total amount of taxes levied for each taxing purpose, and the
percentage increase or decrease in such amount relative to the preceding
levy;
(v) the period covered by the taxes;
(vi) the time, manner and places fixed for receiving payments of
taxes;
(vii) the name and address of the collecting officer;
(viii) the interest and penalties which shall accrue if payment is not
timely made;
(ix) a legend stating "if you wish to receive a receipt for payment of
this tax bill, place an 'x' in this box { }";
(x) explanations of any abbreviations or technical terms used in the
statement of taxes;
(xi) if school district taxes are included on the statement, the
school district code established by the department of taxation and
finance;
(xii) an explanation of the assessment review process;
(xiii) such other information as may be prescribed by law; and
(xiv) if, not later than ten days after the filing of the preceding
tentative assessment roll, the assessing unit mailed to each owner of
taxable real property a notice in a form prescribed by the state board
containing the information described by subparagraphs (iii) and (xii) of
this paragraph (excluding the taxes due on the parcel and the tax rate
for each taxing purpose), the statement of taxes need not include the
information prescribed by subparagraph (xii) of this paragraph.
(b) In addition, in the event that at any time prior to the expiration
of his warrant the collecting officer shall receive notice of a transfer
of title to real property occurring subsequent to the taxable status
date, such collecting officer shall mail a statement of taxes to the new
owner of such real property at the tax billing address listed thereon if
the amount of taxes due as listed on the tax roll has not been paid.
(c) Nothing contained in this section shall be construed to preclude
the personal delivery of a bill to an owner or mortgage investing insti-
tution and where a bill is so delivered, a reference in this chapter to
the mailing of such bill shall be deemed a reference to the delivery of
such bill, unless the context clearly indicates otherwise.
(d) Upon resolution duly adopted by the council of a city, or THE town
board of a town, the collecting officer shall cause A SUMMARY OF THE
ADOPTED MUNICIPAL BUDGET AND AN EXPLANATION OF THE COMPUTATION OF THE
TAX RATE to be enclosed with the statement showing the amount of tax
due[, a summary of the adopted municipal budget and an explanation of
the computation of the tax rate].
S 3. Subdivision 1 of section 936 of the real property tax law, as
amended by chapter 355 of the laws of 1997, is amended to read as
follows:
1. Upon the expiration of his warrant, each collecting officer shall
make and deliver to the county treasurer an account, subscribed and
affirmed by him as true under the penalties of perjury, of all taxes
listed on the tax roll which remain unpaid OR DEFERRED PURSUANT TO
SECTION FOUR HUNDRED SIXTY-SEVEN-G OF THIS CHAPTER, except that such
collecting officer shall not include in such account the amount of the
installments of taxes returned unpaid pursuant to [section nine hundred
twenty-eight-b or] subdivision one of section nine hundred seventy-six
of this [chapter] ARTICLE. The county treasurer shall, if satisfied that
such account is correct, credit him with the amount of such unpaid
A. 10807 9
delinquent taxes AND DEFERRED TAXES. Such return shall be endorsed upon
or attached to the tax roll.
S 4. Subdivisions 1 and 4 of section 1330 of the real property tax
law, subdivision 1 as amended by chapter 845 of the laws of 1965 and
subdivision 4 as amended by chapter 350 of the laws of 1978, are amended
to read as follows:
1. In any school district other than a city school district, if any
taxes remain unpaid at the time the collecting officer is required by
law to return his warrant, he shall be credited with the amount thereof,
including the balance of the amount of taxes which an owner of real
property has elected to pay in installments pursuant to section thirteen
hundred forty of this [chapter] ARTICLE AND THE AMOUNT OF TAXES DEFERRED
PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-G OF THIS CHAPTER, upon
delivery to the school authorities of the tax roll and warrant and a
statement, subscribed and affirmed by him as true under the penalties of
perjury, of such unpaid taxes AND A STATEMENT OF TAXES DEFERRED PURSUANT
TO SECTION FOUR HUNDRED SIXTY-SEVEN-G OF THIS CHAPTER, containing a
description of the real property upon which such taxes remain unpaid OR
DEFERRED. A collecting officer who received compensation in lieu of
fees shall include in such statement the amount of interest on such
unpaid taxes, except that no such interest shall be added by the
collecting officer to the balance of taxes which an owner of real prop-
erty has elected to pay in installments pursuant to section thirteen
hundred forty of this [chapter] ARTICLE.
4. The county treasurer shall, on or before the first day of April
following the receipt of the statement and certificate as provided in
subdivision two of this section, pay to the officer charged by law with
the custody of school district moneys, the amount of returned unpaid
school taxes AND THE AMOUNT OF DEFERRED SCHOOL TAXES, not including the
amount of taxes paid pursuant to section thirteen hundred forty-two of
this [chapter] ARTICLE.
S 5. Subdivision 2 of section 1332 of the real property tax law, as
amended by chapter 845 of the laws of 1965, is amended to read as
follows:
2. The collecting officer of each city school district shall make and
deliver to the school authorities thereof [his] A statement of unpaid
taxes AND A STATEMENT OF TAXES DEFERRED PURSUANT TO SECTION FOUR HUNDRED
SIXTY-SEVEN-G OF THIS CHAPTER, subscribed and affirmed by him as true
under the penalties of perjury, in the same manner and with the same
effect as provided in subdivision one of section thirteen hundred thirty
of this [chapter] ARTICLE, except that the city school district and the
collecting officer may agree to have the school tax roll remain in the
temporary custody of such collecting officer until all taxes listed
therein have been collected. If so agreed, the collecting officer shall
furnish an accurate statement, subscribed and affirmed by him as true
under the penalties of perjury, of the total amount received in payment
of such taxes, together with an itemized statement of all uncollected
AND DEFERRED taxes, in lieu of delivery of the items required by subdi-
vision one of [said] SUCH section thirteen hundred thirty.
S 6. Section 1332 of the real property tax law is amended by adding a
new subdivision 3-a to read as follows:
3-A. UPON RECEIVING SUCH STATEMENT OF DEFERRED TAXES FROM THE COLLECT-
ING OFFICER, THE SCHOOL AUTHORITIES SHALL COMPARE IT WITH THE ORIGINAL
SCHOOL TAX ROLL, AND IF THEY FIND IT TO BE CORRECT, THEY SHALL ADD TO
SUCH STATEMENT THEIR CERTIFICATE TO THE EFFECT THAT THEY HAVE COMPARED
IT WITH THE ORIGINAL SCHOOL TAX ROLL AND FOUND IT TO BE CORRECT, AND
A. 10807 10
SHALL IMMEDIATELY TRANSMIT THE STATEMENT AND CERTIFICATE TO THE TREASUR-
ER OF THE COUNTY. THE COUNTY TREASURER SHALL, ON OR BEFORE THE FIRST DAY
OF APRIL FOLLOWING THE RECEIPT OF THE STATEMENT AND CERTIFICATE AS
PROVIDED IN THIS SUBDIVISION, PAY TO THE OFFICER CHARGED WITH THE CUSTO-
DY OF SCHOOL DISTRICT MONEYS, THE AMOUNT OF DEFERRED TAXES.
S 7. Subdivision 2 of section 1436 of the real property tax law is
amended to read as follows:
2. At the same time that the treasurer returns the tax roll and
warrant, he shall deliver to the board of trustees an account of the
unpaid taxes AND AN ACCOUNT OF TAXES DEFERRED PURSUANT TO SECTION FOUR
HUNDRED SIXTY-SEVEN-G OF THIS CHAPTER. Such account shall describe each
parcel of real property upon which taxes are unpaid OR DEFERRED, shall
show the person or persons in whose name assessed and the amount of
unpaid OR DEFERRED tax. Upon filing with the board of trustees a veri-
fied statement that the taxes mentioned in such account remain unpaid
and that he has been unable to collect the same AND A VERIFIED STATEMENT
THAT TAX DEFERMENT CERTIFICATES HAVE BEEN PRESENTED FOR DEFERRED TAXES
PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-G OF THIS CHAPTER, the
treasurer shall be credited with the amount thereof.
S 8. Section 1436 of the real property tax law is amended by adding a
new subdivision 2-a to read as follows:
2-A. UPON RECEIVING SUCH STATEMENT OF DEFERRED TAXES THE BOARD OF
TRUSTEES SHALL COMPARE IT TO THE ORIGINAL TAX ROLL, AND IF THEY FIND IT
CORRECT, THEY SHALL ADD TO SUCH STATEMENT THEIR CERTIFICATE TO THE
EFFECT THEY HAVE COMPARED IT WITH THE ORIGINAL AND FOUND IT TO BE
CORRECT, AND SHALL IMMEDIATELY TRANSMIT THE STATEMENT AND CERTIFICATE TO
THE TREASURER OF THE COUNTY. THE COUNTY TREASURER, ON OR BEFORE THE
FIRST DAY OF APRIL FOLLOWING THE RECEIPT OF SUCH STATEMENT AND CERTIF-
ICATE AS PROVIDED IN THIS SUBDIVISION, SHALL PAY TO THE TREASURER THE
AMOUNT OF SUCH DEFERRED TAXES.
S 9. Paragraph a of section 11.00 of the local finance law is amended
by adding a new subdivision 104 to read as follows:
104. DEFERRAL OF TAXES BY COUNTIES. THE ESTABLISHMENT OF A SENIOR
CITIZENS TAX DEFERMENT FUND FOR THE PURPOSE OF EFFECTING A SENIOR CITI-
ZEN TAX DEFERMENT PROGRAM PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-G
OF THE REAL PROPERTY TAX LAW, FIFTEEN YEARS.
S 10. Paragraph a of section 20.00 of the local finance law is amended
by adding a new subdivision 12 to read as follows:
12. SENIOR CITIZEN TAX DEFERMENT NOTES.
S 11. The local finance law is amended by adding a new section 29.20
to read as follows:
S 29.20 SENIOR CITIZEN TAX DEFERMENT NOTES. ANY COUNTY MAY ISSUE
SENIOR CITIZEN TAX DEFERMENT NOTES, AND RENEW THE SAME, ON AN ANNUAL
BASIS AS NEEDED FOR THE PURPOSE OF FINANCING THE COSTS, INCLUDING THE
AMOUNT OF TAXES DEFERRED, ADMINISTRATIVE EXPENSES AND ACCRUED INTEREST
CHARGES, OF FUNDING A SENIOR CITIZEN TAX DEFERMENT PROGRAM, PURSUANT TO
SECTION FOUR HUNDRED SIXTY-SEVEN-G OF THE REAL PROPERTY TAX LAW. SUCH
NOTES MAY BE RETIRED IN WHOLE, OR IN PART, FROM TIME TO TIME, AS THE
COUNTY RECEIVES REVENUE FROM THE SATISFACTION OF SENIOR CITIZEN TAX
DEFERMENT LIENS.
S 12. Section 3404 of the insurance law is amended by adding a new
subsection (b-1) to read as follows:
(B-1) NO POLICY OR CONTRACT OF FIRE INSURANCE, EXTENDED COVERAGE OR
FLOOD INSURANCE SHALL BE MADE, ISSUED OR DELIVERED ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION BY AN INSURER OR BY ANY AGENT OR
REPRESENTATIVE THEREOF OF ANY PROPERTY IN THIS STATE UPON WHICH A TAX
A. 10807 11
DEFERMENT HAS BEEN GRANTED PURSUANT TO THE PROVISIONS OF SECTION FOUR
HUNDRED SIXTY-SEVEN-G OF THE REAL PROPERTY TAX LAW UNLESS THE POLICY OR
CONTRACT PROVIDES BY ENDORSEMENT THAT THE COUNTY WHERE THE PROPERTY IS
LOCATED IS AN ADDITIONAL NAMED INSURED, AND FURTHER CONTAINS AN AGREE-
MENT THAT SUCH POLICY OR CONTRACT MAY BE CANCELLED UNLESS SUCH COUNTY
NAMED THEREIN IS GIVEN THE SAME WRITTEN NOTICE REQUIRED TO BE PROVIDED
TO THE POLICYHOLDER PURSUANT TO LAW OR CONTRACT BUT IN NO EVENT SHALL
SUCH NOTICE BE LESS THAN TWENTY DAYS.
S 13. The insurance law is amended by adding a new section 3108-a to
read as follows:
S 3108-A. REAL PROPERTY TAX SUPPLEMENTARY INSURANCE. SUPPLEMENTARY
POLICIES OF INSURANCE PROVIDING FOR INSURANCE COVERAGE FOR COUNTIES
WHICH HAVE PROVIDED FOR THE DEFERMENT OF REAL PROPERTY TAXES, SPECIAL
ASSESSMENTS AND SPECIAL AD VALOREM LEVIES PURSUANT TO SECTION FOUR
HUNDRED SIXTY-SEVEN-G OF THE REAL PROPERTY TAX LAW AND THE TAX DEFERMENT
LIEN THAT IS DUE AND PAYABLE MAY BE APPROVED BY THE SUPERINTENDENT AND
ISSUED BY INSURERS NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, AND
NOTWITHSTANDING THOSE PROVISIONS OF ANY OTHER LAW WHICH SPECIFY THE
CONTENT OF INSURANCE POLICIES, PROVIDED THAT SUCH POLICIES SHALL BE
SUBJECT TO REGULATIONS PROMULGATED BY THE SUPERINTENDENT SPECIFYING THE
STANDARDS WHICH MUST BE MET BY INSURERS FOR ISSUING SUCH POLICIES AND
ASSURING TO POLICYHOLDERS AND CLAIMANTS PROTECTIONS NOT LESS FAVORABLE
THAN THEY WOULD BE ENTITLED TO UNDER A SUBSTANTIALLY SIMILAR POLICY
WHICH IS NOT SUBJECT TO THIS SECTION.
S 14. This act shall take effect on the one hundred eightieth day
after it shall have become a law.