S T A T E   O F   N E W   Y O R K
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                                  8143

                            I N  S E N A T E

                              June 14, 2016
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

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
PURPOSE OF THIS SECTION, TO BE AN "ELIGIBLE  RESIDENTIAL  PROPERTY"  THE
FOLLOWING CRITERIA MUST BE MET:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15668-05-6
              

S. 8143                             2

  (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
     2                        33% OF EXEMPTION BASE

S. 8143                             3

  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.

S. 8143                             4

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