Assembly Bill A5039

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5039

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M. of A. BRODSKY, ENGLEBRIGHT, JACOBS, DESTITO -- Multi-
  Sponsored by -- M. of A. DIAZ -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to classification
  and class tax rates of real property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The real property tax law is amended by adding a new arti-
cle 17 to read as follows:

                               ARTICLE 17
           ALLOCATION OF TAXES AMONG CLASSES OF REAL PROPERTY
SECTION 1730. CLASSIFICATION OF REAL PROPERTY.
        1731. CLASS TAX RATES.
  S 1730. CLASSIFICATION OF REAL PROPERTY.  1.  A MUNICIPAL CORPORATION,
OTHER THAN A SCHOOL DISTRICT WHOLLY CONTAINED WITHIN A  CITY,  TOWN,  OR
VILLAGE,  MAY  ENACT  A  LOCAL LAW OR ADOPT A RESOLUTION, AFTER A PUBLIC
HEARING, AUTHORIZING THE ASSESSORS OF EACH ASSESSING  UNIT  TO  CLASSIFY
ALL REAL PROPERTY ON EACH ASSESSMENT ROLL AS FOLLOWS:
  CLASS  ONE:  ALL ONE, TWO, AND THREE FAMILY RESIDENTIAL REAL PROPERTY,
INCLUDING THE LAND ASSESSED THEREWITH, AND SUCH DWELLINGS USED  IN  PART
FOR NONRESIDENTIAL PURPOSES BUT WHICH ARE USED PRIMARILY FOR RESIDENTIAL
PURPOSES,  EXCEPT  SUCH  PROPERTY HELD IN COOPERATIVE FORM OF OWNERSHIP,
AND ALL OTHER RESIDENTIAL REAL PROPERTY  HELD  IN  CONDOMINIUM  FORM  OF
OWNERSHIP,  AND  ALL VACANT LAND PARCELS WHICH ARE ZONED RESIDENTIAL AND
ARE NOT SUBJECT TO A VARIANCE WHICH WOULD PERMIT A NON-RESIDENTIAL USE.
  CLASS TWO:  ALL OTHER RESIDENTIAL REAL  PROPERTY,  EXCEPT  HOTELS  AND
MOTELS AND OTHER SIMILAR COMMERCIAL PROPERTY.
  CLASS  THREE:  ALL OTHER PROPERTY WHICH IS NOT DESIGNATED AS CLASS ONE
OR CLASS TWO.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08249-01-9

              

A. 5039                             2

  2. IN ADDITION TO ANY OTHER REQUIREMENTS OF LAW OR RULE OF  THE  STATE
BOARD, THE ASSESSMENT ROLL SHALL CONTAIN A SEPARATE COLUMN FOR THE ENTRY
OF  THE  CLASS  DESIGNATION  REQUIRED BY THIS SECTION, WHERE APPLICABLE.
THE ASSESSOR SHALL ENTER  THE  APPROPRIATE  CLASS  DESIGNATION  IN  THIS
COLUMN FOR EACH PARCEL LISTED ON THE ASSESSMENT ROLL.
  3.  THE  DETERMINATION  OF  INCLUSION  WITHIN A CLASS PURSUANT TO THIS
SECTION SHALL BE  SUBJECT  TO  ADMINISTRATIVE  AND  JUDICIAL  REVIEW  AS
PROVIDED BY LAW FOR THE REVIEW OF ASSESSMENTS.
  S  1731.  CLASS  TAX  RATES.    1. THE GOVERNING BODY OF ANY MUNICIPAL
CORPORATION WHICH HAS ENACTED A LOCAL LAW OR ADOPTED A RESOLUTION PURSU-
ANT TO SUBDIVISION ONE OF SECTION SEVENTEEN HUNDRED THIRTY OF THIS ARTI-
CLE AUTHORIZING THE USE OF DIFFERENT CLASSES OF PROPERTY SHALL  ANNUALLY
ESTABLISH DIFFERENT TAX RATES FOR EACH CLASS OF PROPERTY, SUBJECT TO THE
LIMITATIONS SET FORTH IN THIS SECTION.
  2.  THE CLASS TAX RATES SO ESTABLISHED SHALL BE SUBJECT TO THE FOLLOW-
ING LIMITATIONS:
  (A) CLASS ONE: THE CLASS ONE TAX RATE MAY NOT BE GREATER  THAN  EITHER
THE CLASS TWO TAX RATE OR THE CLASS THREE TAX RATE.
  (B)  CLASS TWO:  THE CLASS TWO TAX RATE MAY NOT BE GREATER THAN EITHER
THE CLASS ONE TAX RATE MULTIPLIED BY A FACTOR  OF  1.25,  OR  THE  CLASS
THREE TAX RATE, WHICHEVER IS LOWER.
  (C) CLASS THREE: THE CLASS THREE TAX RATE MAY NOT EXCEED THE CLASS ONE
TAX RATE MULTIPLIED BY A FACTOR OF 1.25.
  S 2. This act shall take effect immediately.