Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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 511
Assessment disclosure; notice and meetings
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 5, TITLE 1
§ 511. Assessment disclosure; notice and meetings. 1. In the year of a
revaluation or update of assessments, if the state equalization rate for
the immediately preceding assessment roll was less than eighty-five, the
assessor shall, and in any other year may, not later than sixty days
prior to the date set by law for the filing of the tentative assessment
roll, mail to each owner of real property therein, an assessment
disclosure notice in the format provided in paragraph (a) of subdivision
two of this section. However, pursuant to a resolution adopted by the
governing board of the assessing unit, other than a special assessing
unit or an approved assessing unit which has adopted the provisions of
section nineteen hundred three of this chapter, such assessment
disclosure notice shall include in lieu thereof the items specified in
paragraph (b) of subdivision two of this section.

2. (a) Tax dollar comparison. Such notice shall identify the parcel
for which it has been mailed and shall include: (i) the parcel
description; (ii) the final taxable assessment of the parcel for the
previous year; (iii) the current preliminary taxable assessment of the
parcel; (iv) as a minimum, the actual extension of city or town taxes
for the prior year to a hypothetical extension of the same taxes against
the preliminary determination of assessed value for the current year
adjusted for changes in the condition of real property; (v) the
difference between the actual and hypothetical extensions; and (vi) a
statement advising the owner of real property that the net difference
reflected in the statement does not represent the property's tax
liability for any ensuing fiscal year. This notice shall contain a
statement that tax liability may be affected by changes in (1) municipal
budgets, (2) assessments of other real property prior to completion of
the final assessment roll, and if school or county taxes, or both, are
compared, (3) apportionment of relative municipal shares of county and
school district levies. The notice shall also contain a statement that a
publication containing procedures for contesting an assessment is
available at the assessor's office and such other information as may be
required by the commissioner.

(b) Alternative disclosure notice. Such notice shall identify the
parcel for which it has been mailed and shall include: (i) the parcel
description; (ii) the final taxable assessment of the parcel for the
previous year; (iii) the current preliminary taxable assessment of the
parcel; and (iv) an estimate of how much the tax liability of the parcel
would change if the preliminary taxable assessments should be
implemented and if all other relevant factors should remain constant.
Such estimate shall be calculated by subtracting the percentage change
in the preliminary taxable assessment of the parcel from the percentage
change in the preliminary total taxable assessments of the assessment
roll as a whole, and dividing that result by the percentage change in
the preliminary taxable assessment of the parcel and expressing the
result, whether positive or negative, either as a percentage, rounded to
the nearest whole percentage, or specifying a range within which the
percentage falls, provided that such range shall not exceed five
percentage points. The notice shall further state that the estimated
change in tax liability is only an estimate, and that the actual tax
liability may ultimately be affected by changes in (1) municipal
budgets, (2) assessments of other real property prior to completion of
the final assessment roll, and (3) if school or county taxes, or both,
are compared, apportionment of relative municipal shares of county and
school district levies. In addition, the notice shall state: that the
preliminary assessments for the assessing unit are subject to adjustment
prior to the filing of the tentative assessment roll; and that a
publication containing procedures for contesting an assessment is
available at the assessor's office.

3. Subsequent to the mailing of the notice required by subdivision one
of this section, the assessor and representatives of any independent
contractors employed in the revaluation program, shall be available to
provide explanations of the program, including consideration of
objections or complaints of owners of real property within said
assessing unit.

4. In any assessing unit subject to the provisions of this section, if
the assessed value of any property on the tentative assessment roll is
different from the preliminary determination of assessed value set forth
on the assessment disclosure notice described in subdivision one of this
section, the assessor, not later than ten days prior to the date set by
law for the hearing of complaints by the board of assessment review,
shall mail a notice to the owner of such property stating the
preliminary determination of assessed valuation on the assessment
disclosure notice and the assessment set forth on the tentative
assessment roll, explaining the procedure to be followed in obtaining
review of such assessment and setting forth the date or dates and times
at which the board of assessment review will meet to hear complaints
with respect to assessments.

5. Failure to mail either notice described in this section or failure
of the owner to receive the same shall not prevent the levy, collection
and enforcement of the payment of the taxes on such real property.

6. No separate notice shall be required to be mailed pursuant to this
section for property subject to taxation pursuant to title two of this
article provided the assessor complies with the notice provision of
section five hundred forty-two of such title.

7. The commissioner shall promulgate rules and regulations to provide
for the implementation of the provisions of this section.

8. Whenever an assessing unit has mailed assessment disclosure notices
to each owner of real property therein pursuant to this section, that
assessing unit is not required to mail notices pursuant to this section
if it implements a reassessment at the same uniform percentage of value
as the previous reassessment in either of the two years immediately
succeeding that previous reassessment.

9. A special assessing unit shall be deemed to be in compliance with
the provisions of this section if it provides assessment disclosure
notices to property owners in an alternative manner which includes, at a
minimum, their tentative assessments, the market values upon which they
were based, and the applicable level of assessment.