S T A T E   O F   N E W   Y O R K
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                                10551--A

                          I N  A S S E M B L Y

                              June 2, 2016
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
  read  once  and referred to the Committee on Real Property Taxation --
  reported  and  referred  to  the  Committee  on  Codes  --   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 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:

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 485-s to read as follows:
  S  485-S.  RESIDENTIAL REASSESSMENT EXEMPTION. 1.  APPLICABILITY.  THE
GOVERNING BODY OF 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  THOUSAND  PERSONS  AND
NOT  MORE  THAN ONE MILLION TWO HUNDRED THOUSAND PERSONS, BASED UPON THE
LATEST U.S. CENSUS MAY, AFTER A PUBLIC HEARING, ADOPT THE PROVISIONS  OF
THIS  SECTION BY LOCAL LAW IN THE FIRST YEAR OF A FULL VALUE REVALUATION
TO PROVIDE A RESIDENTIAL REVALUATION EXEMPTION. IF  THE  GOVERNING  BODY
PASSES  A  LOCAL  LAW PURSUANT TO THIS SUBDIVISION, SUCH EXEMPTION SHALL
ALSO APPLY IN THE SAME MANNER AND TO THE SAME EXTENT  TO  EACH  VILLAGE,
COUNTY,  SPECIAL  DISTRICT  OR  SCHOOL DISTRICT THAT LEVIES TAXES ON THE
ASSESSMENT ROLL PREPARED BY SUCH TOWN. A VILLAGE WITHIN A TOWN THAT  HAS
CONDUCTED  A  REVALUATION  AND  THAT CHOOSES TO ADOPT SUCH TOWN'S LATEST
FINAL ASSESSMENT ROLL IS PERMITTED  TO  ADOPT  THE  PROVISIONS  OF  THIS
SECTION WITHIN TWO YEARS OF ITS IMPLEMENTATION.
  2.  ELIGIBILITY.  (A)  THE  ASSESSOR SHALL, IN THE FIRST YEAR IN WHICH
REVALUATION ASSESSMENTS ARE TO BE ENTERED ON THE ASSESSMENT ROLL AND FOR
THE NEXT SUCCEEDING YEAR, APPLY TO EACH ELIGIBLE RESIDENTIAL PROPERTY AN
EXEMPTION AS PROVIDED IN SUBDIVISION THREE  OF  THIS  SECTION.  FOR  THE

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

                                                           LBD15668-04-6

A. 10551--A                         2

PURPOSE  OF  THIS  SECTION, TO BE AN "ELIGIBLE RESIDENTIAL PROPERTY" THE
FOLLOWING CRITERIA MUST BE MET:
  (I)  THE  PROPERTY  MUST  BE A ONE-, TWO-, OR THREE-FAMILY RESIDENTIAL
PROPERTY, PROVIDED THAT IN AN APPROVED  ASSESSING  UNIT  DWELLING  UNITS
HELD  IN  CONDOMINIUM FORM OF OWNERSHIP THAT ARE CLASSIFIED IN THE HOME-
STEAD CLASS SHALL ALSO BE ELIGIBLE;
  (II) THE PROPERTY MUST BE  ELIGIBLE  TO  RECEIVE  THE  STAR  EXEMPTION
AUTHORIZED  BY  SECTION  FOUR  HUNDRED  TWENTY-FIVE OF THIS TITLE OR THE
OWNER OR OWNERS MUST BE ELIGIBLE TO  RECEIVE  THE  PERSONAL  INCOME  TAX
SCHOOL  TAX  RELIEF  (STAR)  CREDIT  AUTHORIZED  BY  SUBSECTION (EEE) OF
SECTION SIX HUNDRED SIX OF THE TAX LAW, AS ADDED BY SECTION SIX OF  PART
A OF CHAPTER SIXTY OF THE LAWS OF TWO THOUSAND SIXTEEN, FOR SUCH PROPER-
TY.
  (III)  IN  ANY GIVEN YEAR, THE OWNER OR OWNERS RECEIVING THE EXEMPTION
PURSUANT TO THIS SECTION MUST BE THE SAME AS THE OWNER  OR  OWNERS  THAT
APPEARED  ON  THE  ASSESSMENT  ROLL UPON WHICH THE REVALUATION IS IMPLE-
MENTED;
  (IV) THE PROPERTY MUST HAVE A CERTIFICATE OF OCCUPANCY OR A  TEMPORARY
CERTIFICATE OF OCCUPANCY; AND
  (V)  THE PROPERTY MUST NOT HAVE ANY DELINQUENT TAXES AS OF THE TAXABLE
STATUS DATE FOR THE ROLL ON WHICH AN EXEMPTION IS APPLIED.
  (B) IN ADDITION TO THE CRITERIA PROVIDED  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  THE  TOWN ASSESSING UNIT MAY FURTHER LIMIT THE ELIGIBILITY
TO ELIGIBLE RESIDENTIAL PROPERTY WHOSE FULL VALUE  INCREASE  EXCEEDED  A
SET  VALUE  THRESHOLD  AS  SPECIFIED  IN  THEIR  LOCAL  LAW ADOPTING THE
PROVISIONS OF THIS SECTION.  IF PROVIDED BY LOCAL LAW, THE TOWN  ASSESS-
ING  UNIT MAY ELECT TO GRANT EXEMPTIONS TO ONLY THOSE PROPERTIES THAT DO
NOT HAVE BUILDING CODE VIOLATIONS.
  3. EXEMPTION CALCULATION. (A)(I) THE EXEMPTION SHALL BE COMPUTED  WITH
RESPECT  TO  A  PERCENTAGE  OF  THE "EXEMPTION BASE." THE EXEMPTION BASE
SHALL BE THE AMOUNT BY WHICH THE ASSESSED VALUE OF  A  PROPERTY  ON  THE
ASSESSMENT  ROLL  UPON  WHICH THE REVALUATION IS IMPLEMENTED EXCEEDS THE
PRIOR YEAR'S EQUALIZED ASSESSED VALUE,  AS  DETERMINED  IN  THE  INITIAL
YEAR.  THE  PRIOR YEAR'S EQUALIZED ASSESSED VALUE SHALL BE DETERMINED BY
APPLYING THE APPLICABLE CHANGE IN LEVEL  OF  ASSESSMENT  FACTOR  TO  THE
PRIOR  YEAR'S  ASSESSED  VALUE.    SUCH EXEMPTION BASE SHALL NOT INCLUDE
INCREASES DUE TO A PHYSICAL IMPROVEMENT OR A REMOVAL OR REDUCTION OF  AN
EXEMPTION ON PROPERTY.
  (II)  ANY  INCREASE  IN  THE  ASSESSMENT OF A PROPERTY DUE TO PHYSICAL
CHANGES IN THE YEAR FOLLOWING  THE  IMPLEMENTATION  ROLL  SHALL  NOT  BE
ELIGIBLE FOR THE EXEMPTION. IN THE EVENT THAT ANY PORTION OF A PARCEL IS
FULLY  OR  PARTIALLY REMOVED FROM THE ROLL DURING THE YEAR FOLLOWING THE
IMPLEMENTATION ROLL BY REASON OF FIRE, DEMOLITION,  DESTRUCTION  OR  NEW
EXEMPTION,  THE  ASSESSOR  SHALL  REDUCE THE EXEMPTION FOR ANY REMAINING
PORTION IN THE SAME PROPORTION ASSESSMENT  IS  REDUCED  FOR  SUCH  FIRE,
DEMOLITION,  DESTRUCTION  OR NEW EXEMPTION.  IF A PROPERTY'S REVALUATION
ASSESSMENT IS REDUCED PURSUANT TO TITLE ONE-A OF ARTICLE FIVE, OR  TITLE
ONE  OR  ONE-A  OF ARTICLE SEVEN OF THIS CHAPTER, THE EXEMPTION SHALL BE
RECOMPUTED ACCORDINGLY.
  (B)(I) THE EXEMPTION SHALL BE TO THE EXTENT OF SIXTY-SIX PER CENTUM OF
THE EXEMPTION BASE IN YEAR  ONE  AND  THIRTY-THREE  PER  CENTUM  OF  THE
EXEMPTION BASE IN YEAR TWO.
  (II)  THE  FOLLOWING  TABLE  SHALL  ILLUSTRATE  THE COMPUTATION OF THE
EXEMPTION:
     YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
     1                        66% OF EXEMPTION BASE

A. 10551--A                         3

     2                        33% OF EXEMPTION BASE
  4.  GRANTING  OF EXEMPTION.   (A) SUCH EXEMPTION SHALL BE GRANTED ONLY
UPON APPLICATION BY THE OWNER OR OWNERS OF SUCH REAL PROPERTY ON A  FORM
PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE
ASSESSOR  ON  OR  BEFORE  THE  APPROPRIATE  TAXABLE  STATUS DATE FOR THE
ASSESSMENT ROLL UPON WHICH THE REVALUATION IS IMPLEMENTED.
  (B) IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION  AND  THE TAXABLE ASSESSED VALUE SHALL BE REDUCED BY THE EXEMPTION,
AS IN THIS SECTION PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED
AFTER THE TAXABLE STATUS DATE.  THE  ASSESSED  VALUE  OF  ANY  EXEMPTION
GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE
ASSESSMENT  ROLL  WITH  THE  AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE
COLUMN.
  (C) IN THE EVENT THAT THE RESIDENTIAL PROPERTY  GRANTED  AN  EXEMPTION
PURSUANT TO THIS SECTION TRANSFERS OWNERSHIP OR OTHERWISE CEASES TO MEET
THE ELIGIBILITY REQUIREMENTS OF THE EXEMPTION IN SUBDIVISION TWO OF THIS
SECTION, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE DISCON-
TINUED.  UPON  DETERMINING  THAT  AN  EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHOULD BE DISCONTINUED, THE ASSESSOR  SHALL  MAIL  A  NOTICE  SO
STATING  TO  THE  OWNER  OR OWNERS THEREOF AT THE TIME AND IN THE MANNER
PROVIDED BY SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  S 2. The following provisions shall apply 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  thousand persons and not more than one million two hundred thou-
sand persons, based upon the latest U.S. census, if such town adopts the
provisions of section 485-s of the real property tax law for the assess-
ment roll finalized in the year 2016. Notwithstanding paragraph  (a)  of
subdivision  4  of  section 485-s of the real property tax law, applica-
tions for exemption shall be filed with the assessor on or before a date
specified in the local law adopting the provisions of section  485-s  of
the  real property tax law on a form prescribed by such town may be used
in its place. Notwithstanding any other section of law to the  contrary,
to  the  extent  the  taxable  assessed value of the property originally
appearing on such roll exceeds the amount to which it should be  reduced
pursuant  to  section  485-s  of the real property tax law, the assessor
shall amend the assessment roll accordingly.  The  assessor  shall  give
written  notice  of  such  exemption  to the property owner.   Where the
assessor denies an exemption pursuant to section 485-s of the real prop-
erty tax law for the 2016 assessment roll, the property owner may file a
complaint with the board of assessment review. Such board  shall  recon-
vene  on  a date or dates established by the assessing unit, provided at
least ten days' notice is given in writing, by certified mail,  returned
receipt  requested, to the property owner, to hear the appeal and deter-
mine the matter, and shall mail written notice of its  determination  to
the  assessor  and  property owner. Notwithstanding sections 283.161 and
283.171 of the Westchester County Administrative Code, for  the  purpose
of  implementing  the  residential  revaluation  exemption, the assessor
shall file the 2016 assessment roll on or before the first day of Decem-
ber. The rights contained in this act shall not otherwise  diminish  any
other  legally  available  right  of any property owner or party who may
otherwise lawfully challenge the valuation or  assessment  of  any  real
property or improvements thereon. All remaining rights hereby remain and
shall  be  available to the party to whom such rights would otherwise be
available notwithstanding this act.

A. 10551--A                         4

  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on and after January 1, 2016.