S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    227
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to limitations on
   assessed value for any parcel that is held in cooperative or condomin-
   ium forms of ownership

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1805  of the real property tax law is amended by
 adding a new subdivision 7 to read as follows:
   7. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  IF  THE
 ASSESSMENT APPEARING ON AN ASSESSMENT ROLL BEGINNING WITH THE ASSESSMENT
 ROLL  COMPLETED  THE SAME YEAR AS THE EFFECTIVE DATE OF THIS SUBDIVISION
 AND FOR EACH SUBSEQUENT ASSESSMENT ROLL FOR ANY PARCEL THAT IS  HELD  IN
 COOPERATIVE  OR  CONDOMINIUM  FORMS  OF  OWNERSHIP,  IS GREATER THAN THE
 ASSESSMENT APPEARING ON THE PREVIOUS YEAR'S ASSESSMENT ROLL THE ASSESSOR
 SHALL DETERMINE A TRANSITION ASSESSMENT FOR SUCH PARCEL  FOR  THE  FIRST
 ASSESSMENT ROLL ON WHICH SUCH GREATER ASSESSMENT APPEARS AND FOR EACH OF
 THE  SUCCEEDING  ELEVEN  ASSESSMENT  ROLLS  BY  COMPUTING THE DIFFERENCE
 BETWEEN SUCH GREATER ASSESSMENT AND THE  ASSESSMENT  APPEARING  ON  SUCH
 PREVIOUS  YEAR'S ASSESSMENT ROLL AND ADDING THE FOLLOWING PERCENTAGES OF
 SUCH DIFFERENCE TO THE ASSESSMENT  APPEARING  ON  SUCH  PREVIOUS  YEAR'S
 ASSESSMENT  ROLL: IN THE FIRST YEAR, EIGHT AND ONE-THIRD PERCENT; IN THE
 SECOND YEAR, SIXTEEN AND TWO-THIRDS PERCENT; IN THE THIRD YEAR,  TWENTY-
 FIVE PERCENT; IN THE FOURTH YEAR, THIRTY-THREE AND ONE-THIRD PERCENT; IN
 THE  FIFTH  YEAR,  FORTY-ONE  AND TWO-THIRDS PERCENT; IN THE SIXTH YEAR,
 FIFTY PERCENT; IN THE SEVENTH YEAR, FIFTY-EIGHT AND  ONE-THIRD  PERCENT;
 IN THE EIGHTH YEAR, SIXTY-SIX AND TWO-THIRDS PERCENT; IN THE NINTH YEAR,
 SEVENTY-FIVE  PERCENT;  IN  THE  TENTH  YEAR, EIGHTY-THREE AND ONE-THIRD
 PERCENT; IN THE ELEVENTH YEAR, NINETY-ONE AND TWO-THIRDS PERCENT; AND IN
 THE TWELFTH YEAR, ONE HUNDRED PERCENT. IF THE ASSESSMENT OF A PARCEL  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02674-01-9

 A. 227                              2
 
 INCREASED  DURING  A  PERIOD  FOR WHICH TRANSITION ASSESSMENTS HAVE BEEN
 ESTABLISHED BECAUSE OF ANY PRIOR ASSESSMENT INCREASES, SUCH NEW INCREASE
 SHALL BE PHASED-IN OVER A TWELVE-YEAR PERIOD AS SET FORTH IN THIS SUBDI-
 VISION,  AND SUCH PHASED-IN INCREASES SHALL BE ADDED TO THE TRANSITIONAL
 ASSESSMENTS PREVIOUSLY ESTABLISHED FOR  THE  PRIOR  INCREASE;  PROVIDED,
 HOWEVER,  THAT IF IN ANY YEAR ANY SUCH TRANSITION ASSESSMENT EXCEEDS THE
 ACTUAL ASSESSMENT FOR SUCH YEAR, TAXES IMPOSED ON SUCH PARCEL  FOR  SUCH
 YEAR  SHALL  BE  BASED ON SUCH LESSER ACTUAL ASSESSMENT. NOTWITHSTANDING
 THE FOREGOING, DURING THE PERIOD OF ANY SUCH TRANSITION, THE  ASSESSMENT
 ROLL  SHALL  CONTAIN AN ENTRY OF THE FULL AMOUNT OF SUCH GREATER ASSESS-
 MENT WHICH SHALL BE USED BY THE COMMISSIONER  IN  ITS  DETERMINATION  OF
 CLASS  RATIOS  PURSUANT  TO  PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
 TWELVE HUNDRED TWO OF THIS CHAPTER. IN ESTABLISHING  STATE  EQUALIZATION
 RATES,  CLASS  EQUALIZATION  RATES, SPECIAL STATE EQUALIZATION RATES AND
 SPECIAL STATE EQUALIZATION RATIOS UNDER ARTICLE TWELVE, ARTICLE TWELVE-A
 AND ARTICLE TWELVE-B OF THIS CHAPTER, THE  COMMISSIONER  SHALL  USE  THE
 TRANSITION ASSESSMENTS AS PROVIDED FOR IN THIS SUBDIVISION IN ITS DETER-
 MINATIONS,  OR  WHERE  THE  ACTUAL ASSESSMENT IS THE LESSER, SUCH ACTUAL
 ASSESSMENT SHALL BE SO USED.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 assessment rolls prepared pursuant to a taxable status date occurring on
 or after such  date.  Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.