Assembly Bill A2054

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2054
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Real Property Taxation
 
 AN  ACT  to  amend  the real property tax law, in relation to creating a
   county commercial assessment ratio
 
   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 1215 to read as follows:
   § 1215. ESTABLISHMENT OF A COUNTY COMMERCIAL ASSESSMENT RATIO.  1. FOR
 PURPOSES OF THIS SECTION:
   (A) "MARKET VALUE RATIO" MEANS THE RATIO OF  ASSESSED  VALUE  TO  FULL
 VALUE OF THE TAXABLE REAL PROPERTY ON A FINAL ASSESSMENT ROLL;
   (B)  "MAJOR  TYPE  B" PROPERTY MEANS A GROUP OF TAXABLE PARCELS DESIG-
 NATED AS COMMERCIAL PROPERTY INCLUDING APARTMENTS, INDUSTRIAL  PROPERTY,
 RECREATION  AND ENTERTAINMENT PROPERTY, TAXABLE COMMUNITY SERVICES PROP-
 ERTY, AND PUBLIC SERVICES PROPERTY NOT CONTAINED WITH MAJOR TYPE D PROP-
 ERTY: EXCEPT IN A HOMESTEAD ASSESSING UNIT, MAJOR TYPE B  PROPERTY  ALSO
 INCLUDES RESIDENTIAL PROPERTY NOT IN MAJOR TYPE A;
   (C) "NON-REASSESSMENT MUNICIPALITY" MEANS ANY MUNICIPALITY THAT IS NOT
 DESIGNATED AS A REASSESSMENT MUNICIPALITY;
   (D) "MAJOR TYPE A" PROPERTY MEANS RESIDENTIAL REAL PROPERTY OTHER THAN
 APARTMENTS,  EXCEPT  THAT  FOR  A HOMESTEAD ASSESSING UNIT, MAJOR TYPE A
 DESIGNATES THE HOMESTEAD CLASS AS DEFINED IN  SECTION  NINETEEN  HUNDRED
 ONE OF THIS CHAPTER; AND
   (E)  "MAJOR  TYPE D" DESIGNATES PUBLIC SERVICES UTILITY REAL PROPERTY,
 NOT INCLUDING CEILING RAILROAD AND SPECIAL FRANCHISE PROPERTY.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR  AN
 ASSESSING  UNIT  CONTAINED  IN ANY COUNTY WITH A POPULATION OF MORE THAN
 NINE HUNDRED FORTY-NINE THOUSAND BUT LESS THAN NINE HUNDRED FIFTY  THOU-
 SAND  AS  DETERMINED  BY  THE  TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS
 THERE SHALL BE ESTABLISHED A COMMERCIAL ASSESSMENT RATIO AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04364-01-9

 A. 2054                             2
 
   (A) SIXTY DAYS PRIOR TO THE DATE FOR FILING THE  TENTATIVE  ASSESSMENT
 ROLL  OF AN ASSESSING UNIT, THE COMMISSIONER SHALL ESTABLISH THE COMMER-
 CIAL ASSESSMENT RATIO FOR SUCH CITY, TOWN OR VILLAGE PROVIDED  THAT  (I)
 THE  COMMISSIONER  IS  REQUIRED BY LAW TO ESTABLISH A STATE EQUALIZATION
 RATE  FOR SUCH CITY, TOWN OR VILLAGE, AND HAS ESTABLISHED SUCH EQUALIZA-
 TION RATE, AND (II) THAT SUCH CITY, TOWN OR VILLAGE  IS  NOT  A  SPECIAL
 ASSESSING  UNIT AS DEFINED IN SECTION EIGHTEEN HUNDRED ONE OF THIS CHAP-
 TER, AND (III) THE CITY, TOWN OR VILLAGE IS NOT COMPLETING A REVALUATION
 OR UPDATE. IN THE CASE OF A CITY IN A COUNTY HAVING A COUNTY  DEPARTMENT
 OF  ASSESSMENT  WITH THE POWER TO ASSESS REAL PROPERTY, THE COMMISSIONER
 ALSO SHALL ESTABLISH A COMMERCIAL ASSESSMENT RATIO FOR THAT  PORTION  OF
 THE  COUNTY  ROLL CONTAINING THE ASSESSMENTS OF TAXABLE REAL PROPERTY IN
 SUCH CITY.
   (B) SUCH COMMERCIAL ASSESSMENT RATIO SHALL BE THE MARKET  VALUE  RATIO
 FOR  MAJOR  TYPE  B  PROPERTY FOR NON-REASSESSMENT MUNICIPALITIES ESTAB-
 LISHED PURSUANT TO THE RULES, REGULATIONS AND PROCEDURES PROMULGATED  BY
 THE COMMISSIONER FOR THE ESTABLISHMENT OF STATE EQUALIZATION RATES.
   (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A  CITY,  TOWN,  OR  VILLAGE MAY BY LOCAL LAW PROVIDE THAT NO COMMERCIAL
 ASSESSMENT RATIO SHALL BE APPLICABLE WITHIN ITS JURISDICTION.
   § 2. Subparagraph 3 of paragraph (b) of subdivision 3 of  section  720
 of  the  real  property tax law is amended by adding a new clause (e) to
 read as follows:
   (E) IN ASSESSING UNITS THAT  HAVE  AN  ESTABLISHED  COUNTY  COMMERCIAL
 ASSESSMENT  RATIO  OTHER  THAN  SPECIAL  ASSESSING  UNITS  AS DEFINED IN
 SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, AND UPON THE REVIEW OF  AN
 ASSESSMENT OF MAJOR TYPE B PROPERTY AS DEFINED IN SECTION TWELVE HUNDRED
 FIFTEEN OF THIS CHAPTER, THE COMMERCIAL ASSESSMENT RATIO ESTABLISHED FOR
 THE ROLL CONTAINING THE ASSESSMENT UNDER REVIEW.
   §  3. This act shall take effect immediately and shall apply beginning
 with the 2020 assessment roll.