Legislation

Search OpenLegislation Statutes
This entry was published on 2020-04-24
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 253-D
Recording tax imposed by the city of Yonkers
Tax (TAX) CHAPTER 60, ARTICLE 11
§ 253-d. Recording tax imposed by the city of Yonkers. 1. The city of
Yonkers, acting through its local legislative body, is hereby authorized
and empowered to adopt and amend local laws imposing in any such city
during the period beginning September first, nineteen hundred
ninety-three and ending August thirty-first, two thousand twenty-three,
a tax of fifty cents for each one hundred dollars and each remaining
major fraction thereof of principal debt or obligation which is or under
any contingency may be secured at the date of execution thereof, or at
any time thereafter, by a mortgage on real property situated within such
city and recorded on or after the date upon which such tax takes effect
and a tax of fifty cents on such mortgage if the principal debt or
obligation which is or by any contingency may be secured by such
mortgage is less than one hundred dollars.

2. The taxes imposed under the authority of this section shall be
administered and collected in the same manner as the taxes imposed under
subdivision one of section two hundred fifty-three and paragraph (b) of
subdivision one of section two hundred fifty-five of this chapter.
Except as otherwise provided in this section, all the provisions of this
article relating to or applicable to the administration and collection
of the taxes imposed by such subdivisions shall apply to the taxes
imposed under the authority of this section with such modifications as
may be necessary to adapt such language to the tax so authorized. Such
provisions shall apply with the same force and effect as if those
provisions had been set forth in full in this section except to the
extent that any provision is either inconsistent with a provision of
this section or not relevant to the tax authorized by this section. For
purposes of this section, any reference in this article to the tax or
taxes imposed by this article shall be deemed to refer to a tax imposed
pursuant to this section, and any reference to the phrase "within this
state" shall be read as "within the city of Yonkers", unless a different
meaning is clearly required.

3. Where the real property covered by the mortgage subject to the tax
imposed pursuant to the authority of this section is situated in this
state but within and without the city of Yonkers, the amount of such tax
due and payable to such city shall be determined in a manner similar to
that prescribed in the first paragraph of section two hundred sixty of
this chapter which concerns real property situated in two or more
counties. Where such property is situated both within such city and
without the state, the amount due and payable to such city shall be
determined in the manner prescribed in the second paragraph of such
section two hundred sixty which concerns property situated within and
without the state. Where real property is situated within and without
such city, the recording officer of the jurisdiction in which the
mortgage is first recorded shall be required to collect the taxes
imposed pursuant to this section.

4. A tax imposed pursuant to the authority of this section shall be in
addition to the taxes imposed by section two hundred fifty-three.

5. Notwithstanding any provision of this article to the contrary, the
balance of all moneys paid to the recording officer of the county of
Westchester during each month upon account of the tax imposed pursuant
to the authority of this section, after deducting the necessary expenses
of his office as provided in section two hundred sixty-two of this
chapter, except taxes paid upon mortgages which under the provisions of
this section or section two hundred sixty of this chapter are first to
be apportioned by the commissioner, shall be paid over by such officer
on or before the tenth day of each succeeding month to the county
treasurer of Westchester county and, after the deduction by such county
treasurer of the necessary expenses of his or her office provided in
section two hundred sixty-two of this chapter shall be deposited in the
general fund of the city of Yonkers for expenditure on city purposes.

6. Any local law imposing a tax pursuant to the authority of this
section or repealing or suspending such a tax shall take effect only on
the first day of a calendar month. Such a local law shall not be
effective unless a certified copy thereof is mailed by registered or
certified mail to the commissioner at the commissioner's office in
Albany at least thirty days prior to the date the local law shall take
effect.

7. Certified copies of any local law described in this section shall
also be filed with the county clerk, the secretary of state and the
state comptroller within five days after the date it is duly enacted.