S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4052                                                  A. 4290
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Real Property Taxation

 AN ACT in relation to enacting the "473  Dune  Road,  Westhampton  Beach
   assessment relief act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Definitions. For the purposes of this  act,  the  following
 terms shall have the following meanings:
   1.  "Eligible  municipality"  shall  mean  a municipal corporation, as
 defined by subdivision 10 of section 102 of the real property  tax  law,
 which is a county, town, village, special district, or school district.
   2.  "Impacted  tax  roll"  shall  mean the final assessment roll which
 satisfies both of the following conditions: (a) the roll is based upon a
 taxable status date occurring prior to April 15,  2015;  and  (b)  taxes
 levied  upon  that  roll by or on behalf of a participating municipality
 are payable without interest on or after April 15, 2015.
   3. "Participating municipality" shall mean  an  eligible  municipality
 that  has  passed  a  local  law,  ordinance,  or resolution pursuant to
 section three of this act  to  provide  assessment  relief  to  property
 owners  within  such eligible municipality pursuant to the provisions of
 this act.
   4. "Total assessed value" shall mean the total assessed value  on  the
 parcel prior to any and all exemption adjustments.
   5.  "Improved  value" shall mean the market value of the real property
 improvements excluding the land.
   6. "Property" shall mean "real  property",  "property"  or  "land"  as
 defined  under  paragraphs  (a) through (g) of subdivision 12 of section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04122-01-7

 S. 4052                             2                            A. 4290
 
 102 of the real property tax law, located at 473 Dune Road,  village  of
 Westhampton  Beach,  town  of Southampton, county of Suffolk, containing
 fifty four (54) residential units, which were  completely  destroyed  by
 fire on April 15, 2015.
   §   2.  Local  option.  An  eligible  municipality  may  exercise  the
 provisions of this act in relation to the  property,  if  its  governing
 body  shall,  by  the forty-fifth day following the date upon which this
 act is approved by the governor, pass a local law or in the  case  of  a
 school district a resolution adopting the provisions of this act.
   §  3.  Assessment  relief.  The  assessed  value  attributable  to the
 improvements shall be reduced by one hundred percent for purposes of the
 participating municipality on the impacted tax  roll.  No  reduction  in
 assessed value shall be granted pursuant to this section for purposes of
 any county, city, town, village or school district which has not adopted
 the  provisions  of  this act. To the extent the total assessed value of
 the property originally appearing on such roll  exceeds  the  amount  to
 which  it  should  be  reduced pursuant to this act, the excess shall be
 considered an error in essential fact as defined  by  subdivision  3  of
 section  550 of the real property tax law. If the error appears on a tax
 roll, the tax roll shall be corrected in the manner provided by  section
 554 of the real property tax law or a refund or credit of taxes shall be
 granted  in  the  manner provided by section 556 or section 556-b of the
 real property tax law. If the error appears on a final  assessment  roll
 but  not on a tax roll, such final assessment roll shall be corrected in
 the manner provided by section 553 of the real  property  tax  law.  The
 errors  in  essential  fact found pursuant to this act on either the tax
 roll or final assessment roll, upon application to the  county  director
 of real property tax services, shall be forwarded by the county director
 of  real  property  tax  services immediately to the levying body for an
 immediate order setting forth the  appropriate  correction.  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.
   § 4. School districts held harmless.  Each  school  district  that  is
 wholly  or  partially  contained within an eligible county shall be held
 harmless by the state for any reduction in state  aid  that  would  have
 been paid as tax savings pursuant to section 1306-a of the real property
 tax law incurred due to the provisions of this act.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 6. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 15, 2015.