Legislation

Search OpenLegislation Statutes
This entry was published on 2015-05-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1805-A
Assessment of real property damaged by the severe storm that occurred on the twenty-ninth and thirtieth of October, two thousand twelve i...
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 18
§ 1805-a. Assessment of real property damaged by the severe storm that
occurred on the twenty-ninth and thirtieth of October, two thousand
twelve in a city having a population of one million or more. 1.
Generally. Notwithstanding any provision of any general, special or
local law to the contrary, any city having a population of one million
or more is hereby authorized and empowered to adopt and amend local laws
in accordance with this section to provide that the assessed value of
affected real property, as defined in subdivision three of this section,
shall be subject to the limitations provided in this section.

2. Definitions. As used in this section:

(a) "Actual assessed value" means the assessed value of real property
prior to the calculation of any transitional assessed value, and which
is not reduced by any exemption from real property taxes.

(b) "Aggregate physical increase" means the sum of physical increases
for assessment rolls completed from two thousand fourteen through two
thousand twenty.

(c) "Annual tax" means the amount of real property tax that is imposed
on a property for a fiscal year, determined after reduction for any
amount from which the property is exempt, or which is abated, pursuant
to applicable law.

(d) "Annual tax attributable to improvements" means the annual tax,
multiplied by a fraction, the numerator of which is equal to the
assessed value attributable to improvements on the property for the
fiscal year, and the denominator of which is the total assessed value of
the property for such fiscal year.

(e) "Assessed value" means the assessed value of real property that
was used to determine the annual tax, and which is not reduced by any
exemption from real property taxes. For real property classified as
class two or class four real property, as defined in subdivision one of
section eighteen hundred two of this article to which subdivision three
of section eighteen hundred five of this article applies, unless
otherwise provided, the assessed value is the lower of the actual
assessed value and transitional assessed value.

(f) "Assessed value attributable to improvements" means that portion
of the assessed value that was used to determine the annual tax
attributable to improvements, and which is not reduced by any exemption
from real property taxes.

(g) "Commissioner of finance" means the commissioner of finance of a
city having a population of one million or more, or his or her designee.

(h) "Department of finance" means the department of finance of a city
having a population of one million or more.

(i) "Improvements" means buildings and other articles and structures,
substructures and superstructures erected upon, under or above the land,
or affixed thereto, including bridges and wharves and piers and the
value of the right to collect wharfage, cranage or dockage thereon.

(j) "Physical decrease" means the decrease in assessed value from the
assessed value on the preceding assessment roll as a result of
destruction of property caused by the severe storm that occurred on the
twenty-ninth and thirtieth of October, two thousand twelve, such
decrease to which subdivision five of section eighteen hundred five of
this article applies.

(k) "Physical increase" means the increase in assessed value from the
assessed value on the preceding assessment roll as a result of an
addition to or improvement of existing real property as provided in
subdivision five of section eighteen hundred five of this article, for
the purpose of reconstruction or repair in connection with the damage
caused by the severe storm that occurred on the twenty-ninth and
thirtieth of October, two thousand twelve, such increase to which
subdivision five of section eighteen hundred five of this article
applies subject to the provisions of this section.

(l) "Total square footage of the improvements on the property" means,
with respect to an assessment roll, the square footage used by the
department of finance in determining the assessed value attributable to
improvements on the real property for such assessment roll.

(m) "Transitional assessed value" is the transition assessment
calculated pursuant to subdivision three of section eighteen hundred
five of this article, and which is not reduced by any exemption from
real property taxes.

3. Affected real property. For purposes of this section, "affected
real property" means any tax lot that contained, on the applicable
taxable status date, class one, class two or class four real property as
such class of real property is defined in subdivision one of section
eighteen hundred two of this article, as to which:

(a) the department of finance reduced the assessed value attributable
to improvements on the property for the assessment roll completed in two
thousand thirteen from the assessed value attributable to improvements
on the property for the assessment roll completed in two thousand twelve
as a result of damage caused by the severe storm that occurred on the
twenty-ninth and thirtieth of October, two thousand twelve; and

(b) the department of finance increased the assessed value
attributable to improvements on the property by means of a physical
increase for an assessment roll completed from two thousand fourteen
through two thousand twenty.

4. Limitation on increases of assessed value. Notwithstanding
subdivision five of section eighteen hundred five of this article and
any other provision to the contrary, increases in the assessed value of
affected real property shall be limited in the manner specified in this
subdivision.

(a) Except as provided in paragraph (c) of this subdivision, for
affected real property for which the assessed values on the assessment
rolls completed in two thousand fourteen and two thousand fifteen do not
reflect a physical increase, the amount of the aggregate physical
increase shall not exceed the amount of the physical decrease reflected
in the assessed value on the assessment roll completed in two thousand
thirteen. Any increase in assessed value from the preceding year in
excess of the physical increase reflected in the current assessed value,
such physical increase limited as provided in the preceding sentence,
shall be subject to the limitations on increases provided in
subdivisions one, two and three of section eighteen hundred five of this
article. In no event shall the assessed value of the affected real
property appearing on an assessment roll completed for any given year
from two thousand fifteen to two thousand twenty exceed what the
assessed value would have been that year but for any physical decreases
or physical increases reflected in the assessed values on the assessment
rolls completed from two thousand thirteen to two thousand twenty.

(b) For affected real property for which the assessed value on the
assessment roll completed in two thousand fourteen or two thousand
fifteen reflects a physical increase, the assessed value as it appeared
on the assessment roll completed in two thousand fifteen shall be
recalculated as if the limitation in paragraph (a) of this subdivision
had been in effect for the assessment rolls completed in two thousand
fourteen and two thousand fifteen. The recalculation of the assessed
value that appeared on the assessment roll completed in two thousand
fifteen shall not affect the amount of taxes that were due and payable
for the fiscal year beginning on the first of July, two thousand
fourteen. The assessed value on the assessment rolls completed for each
of the years from two thousand sixteen to two thousand twenty shall be
subject to the limitation on increases provided in paragraph (a) of this
subdivision. Notwithstanding section fifteen hundred twelve of the
charter of the city of New York and any other provision to the contrary,
the commissioner of finance is authorized to correct as provided in this
paragraph the assessed value of affected real property appearing on the
assessment roll completed in two thousand fifteen. Such correction shall
be made no later than ninety days after the effective date of a local
law adopted in accordance with this section.

(c) Notwithstanding paragraphs (a) and (b) of this subdivision, in the
event that the total square footage of the improvements on the affected
real property appearing on any assessment roll completed from two
thousand fourteen to two thousand twenty exceeds the total square
footage of the improvements on the property appearing on the assessment
roll completed in two thousand twelve, the amount of the aggregate
physical increase shall not exceed the amount computed by multiplying
the sum of the physical increases as calculated subject to this
subdivision by a fraction, the numerator of which is equal to the amount
of the total square footage of the improvements on the property for the
current assessment roll, and the denominator of which is equal to the
amount of the total square footage of the improvements on the property
for the assessment roll completed in two thousand twelve. For purposes
of this paragraph, if improvements on the property located below grade
were not included in the total square footage of the improvements on the
property for the assessment roll completed in two thousand twelve, such
improvements shall not be included in the total square footage for
subsequent assessment rolls if the improvements were moved above grade
or other building elevations were constructed on the property to prevent
or mitigate flooding as part of reconstruction or repair in connection
with the damage caused by the severe storm that occurred on the
twenty-ninth and thirtieth of October, two thousand twelve.

5. Rulemaking. The commissioner of finance shall be authorized to
promulgate rules necessary to effectuate the purposes of this section.