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N.Y. County Law § 233-a: Amounts to be included or excluded in computing constitutional taxing power

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  1. County Law
  2. Article 5. General Powers of Board of Supervisors

§ 233-a. Amounts to be included or excluded in computing

constitutional taxing power. 1. For the purpose of computing the amount

that may be raised in any county by tax on real estate in any fiscal

year for county purposes in accordance with section ten of article eight

of the constitution, county purposes shall include, but not be limited

to, the following:

Agriculture and markets law

a. Weights and measures administration, as provided by article sixteen

of the agriculture and markets law.

Conservation law

b. Extinguishing fires, as provided by section fifty-three of the

conservation law.

County law

c. Making payments pursuant to contracts for the reception and custody

of prisoners, as provided by subdivision eleven of section twelve of the

county law.

d. Public health services, as provided by subdivision forty-four-a of

section twelve of the county law.

e. Performance of public purposes by independent organizations, as

provided by subdivisions forty-three, forty-four, forty-seven,

forty-eight, and forty-nine-a of section twelve of the county law and

similar laws.

f. Making refunds on account of the collection of taxes illegally or

improperly assessed or levied, in the proportion that the county

benefited by such collection, where such refunds are made pursuant to

section sixteen of the county law.

g. Printing and distribution of proceedings of the board of

supervisors, as provided by section nineteen or section nineteen-a of

the county law.

h. Working on and making copies of assessment-rolls and tax-rolls

pursuant to subdivisions eleven and twelve of section twenty-three of

the county law.

i. Salary of the first assistant district attorney of Monroe county in

accordance with the provisions of section two hundred three of the

county law.

Education law

j. Library expenses pursuant to section two hundred fifty-seven or two

hundred hundred fifty-eight of the education law.

k. County vocational education and extension board expenses in

accordance with article twenty-three of the education law.

m. Providing for community colleges pursuant to paragraph b of

subdivision one of section sixty-three hundred five of the education

law.

Election law

n. Election expenses apportioned to the county pursuant to sections

4-136 and 4-138 of the election law and section three hundred

sixty-one-a of the county law.

Executive law

o. Expenses of county veterans' service agencies pursuant to section

one hundred seventy-one of the executive law.

Highway law

p. Expenses apportioned to the county for the construction or

improvement of bridges pursuant to section two hundred thirty-three of

the highway law.

Judiciary law

q. Reimbursement to the state for sums paid by the state on behalf of

the county and which reimbursement is raised by the county in the manner

provided by section seventy-four of the judiciary law.

Public health law

u. Support of a county or part-county health district pursuant to

article three of the public health law.

v. Support of a county laboratory pursuant to sections five hundred

twenty-two and five hundred twenty-three of the public health law.

Social welfare law

w. Reimbursement to another public welfare district, pursuant to

subdivision two of section sixty-two of the social welfare law or

section two hundred thirty-three of the family court act for hospital or

other institutional care rendered to a local charge of the county's

public welfare district.

x. Expenses of adult institutional care, care for any child or minor

under the age of eighteen years who is cared for away from his parents,

and hospital care, where charge-backs for such expenses are made against

a town or city in a county public welfare district pursuant to

subdivision one of section seventy of the social welfare law or section

two hundred thirty-three of the family court act.

y. Assistance and care in a county public welfare district, where such

assistance and care is administered under the direction of a county

commissioner of public welfare and where the county has assumed the

responsibility therefor pursuant to sections seventy-two and

seventy-three of the social welfare law.

z. Assistance and care in a city in a county public welfare district,

where such assistance and care is administered by the county pursuant to

subdivision two of section seventy-four-d of the social welfare law.

aa. Support of a public home maintained by a county public welfare

district, or for the amount to be paid by such district to another

public welfare district in accordance with a contract for care and

maintenance of persons in need of institutional care, where such home is

maintained or such contract is made pursuant to section one hundred

ninety-three of the social welfare law.

Real property tax law

bb. Making refunds on account of the collection of taxes attributable

to clerical errors, errors in essential fact, or unlawful entries as

those terms are defined in section five hundred fifty of the real

property tax law, in the proportion that the county benefited by such

collection, where such refunds are made pursuant to section five hundred

fifty-six or five hundred fifty-six-a of the real property tax law.

cc. Amounts to be paid on account of taxes returned as unpaid pursuant

to section nine hundred thirty-six of the real property tax law.

dd. Expense of preparing conveyances of lands sold for taxes, as

provided by section one thousand eighteen of the real property tax law.

ee. Making refunds to tax sale purchasers required by reason of error

or irregularity in the assessment or levying of a tax, in the proportion

that the county benefited by the return of such tax, where such refunds

are made pursuant to section one thousand thirty of the real property

tax law.

ff. Expense of publishing notice of unredeemed lands, as provided by

section one thousand fourteen of the real property tax law.

gg. Making refunds to taxpayers required by reason of amounts of taxes

paid upon unlawful, excessive or unequal assessments, in the proportion

that the county benefited by such payment, where such refunds are made

pursuant to section seven hundred twenty-six of the real property tax

law.

Special laws

hh. Reimbursement to the state for part of the cost of construction of

erosion-arresting public works by the county where such reimbursement is

made by the county from a general tax levied upon all taxable property

located therein, as provided by section two of chapter five hundred

thirty-five of the laws of nineteen hundred forty-five, as amended.

ii. Sanitary sewers and public works constructed at the expense of and

as a general purpose of the county of Onondaga, as provided by chapter

five hundred sixty-eight of the laws of nineteen hundred thirty-three,

as amended.

jj. Expenses of the police department of the county of Nassau which

are charged to the county or to the area of the county within the county

police district, as provided by section 8-15.0 of the Nassau county

administrative code.

2. For the purpose of computing the amount that may be raised in any

county by tax on real estate in any fiscal year for county purposes in

accordance with section ten of article eight of the constitution,

amounts assessed by a county as assessments for benefit shall be

excluded from the computation of the amount that may be so raised.

Assessments for benefit that shall be so excluded shall include, but not

be limited to, assessments for the following purposes.

Conservation law

a. River improvements, river regulation or drainage pursuant to

article six, seven or eight of the conservation law, as the case may be.

Special laws

b. Reimbursement to the state for part of the cost of construction of

erosion-arresting public works by the county, where such reimbursement

is made by the county from special assessments upon the real property

benefited thereby, as provided by section two of chapter five hundred

thirty-five of the laws of nineteen hundred forty-five, as amended.

c. Making payments to the county of Onondaga for sanitary sewer and

public works purposes, where such amounts are assessed upon property

specially benefited thereby in a town, village or city, as provided by

chapter five hundred sixty-eight of the laws of nineteen hundred

thirty-three, as amended.

3. For the purpose of computing the amount that may be raised in any

county by tax on real estate in any fiscal year for county purposes in

accordance with section ten of article eight of the constitution,

amounts raised for each of the following purposes shall be excluded from

such computation and treated as indicated:

County law

a. Custody of prisoners by a town, village or city in Westchester

county, as provided by subdivision fifty-seven of section twelve of the

county law. A tax so levied shall be treated as a purpose of and a

charge against such town, village or city, as the case may be.

b. Making refunds on account of the collection of taxes illegally or

improperly assessed or levied in the proportion that a tax district or

districts in the county benefited by such collection, where such refunds

are made pursuant to section sixteeen of the county law. A tax so levied

upon such a tax district shall be treated as a purpose of and charge

against such district.

Education law

c. Support of a school hygiene district pursuant to section nine

hundred nine of the education law. A tax so levied upon a town, union

free school district or city shall be treated as a purpose of and a

charge against such town, school district or city, as the case may be.

d. Increase of salary of a district superintendent of schools pursuant

to subdivision two of section twenty-two hundred nine of the education

law. A tax so levied upon property in a town shall be treated as a

purpose of and a charge against such town.

Election law

e. Election expenses apportioned to a city, town or village pursuant

to sections ninety-three and ninety-four of the election law. A tax so

levied shall be treated as a purpose of and charge against such city,

town or village, as the case may be.

Highway law

f. Expenses apportioned to a town for the construction or improvement

of bridges pursuant to section two hundred thirty-three of the highway

law. A tax so levied upon a town shall be treated as a purpose of and a

charge against such town.

Public health law

g. Expenses of a laboratory supply station or substation apportioned

to a city, village, town or consolidated health district pursuant to

section five hundred sixty-three of the public health law. A tax so

levied shall be treated as a purpose of and charge against such city,

village, town or consolidated health district, as the case may be.

h. Amount apportioned to a town, village or city for the support of a

consolidated health district, in accordance with section three hundred

ninety-nine of the public health law. A tax so levied shall be treated

as a purpose of and charge against such town, village or city, as the

case may be.

Social services law

i. Safety net assistance and medical care given at home for persons

residing in or found in a town or city in a county social services

district, as provided by subdivisions two and three of section

sixty-nine of the social services law. A tax so levied shall be treated

as a purpose of and a charge against such town or city, as the case may

be.

j. Payment of the principal of and interest on bonds as provided by

subdivision six of section ninety-three of the social services law. A

tax so levied shall be treated as being imposed for debt service.

k. Burial of recipients of public assistance or care, where

charge-backs for such expenses are made against a town or city in a

county public welfare district pursuant to subdivision two of section

one hundred forty-one of the social welfare law. A tax so levied shall

be treated as a purpose of and a charge against such town or city, as

the case may be.

l. Veteran assistance given by a city or town in a county social

services district to persons residing or found therein, as provided by

subdivision two of section one hundred seventy-one of the social

services law. A tax so levied shall be treated as a purpose of and a

charge against such city or town, as the case may be.

Real property tax law

m. Supplying assessment rolls prepared in accordance with sections

five hundred two and five hundred four of the real property tax law. A

tax so levied shall be treated as a purpose of and charge against the

city, town or village, as the case may be, for which the rolls are

prepared.

n. Making refunds on account of the collection of taxes attributable

to clerical errors, errors in esstential fact, or unlawful entries as

those terms are defined in section five hundred fifty of the real

property tax law, in the proportion that a tax district or districts in

the county benefited by such collection, where such refunds are made

pursuant to section five hundred fifty-six or five hundred fifty-six-a

of the real property tax law. A tax so levied upon such a tax district

shall be treated as a purpose of and charge against such district.

o. Preparing and mailing statements of taxes pursuant to section nine

hundred twenty-two of the real property tax law. A tax so levied shall

be treated as a purpose of and a charge against the tax district

preparing and mailing the same.

p. Preparing and mailing statements of taxes to non-residents pursuant

to section nine hundred eighty-two of the real property tax law. A tax

so levied shall be treated as a purpose of and charge against the town,

village or school district preparing and mailing the same, as the case

may be.

q. Making refunds to tax sale purchasers required by reason of error

or irregularity in the assessment or levying of a tax, in the proportion

that a tax district or districts in the county benefited by the return

of such tax, where such refunds are made pursuant to section one

thousand thirty of the real property tax law. A tax so levied upon such

a tax district to pay such a refund shall be treated as a purpose of and

charge against such district.

r. Making refunds to taxpayers required by reason of amounts of taxes

paid upon unlawful, excessive or unequal assessments, in the proportion

that a town, village, city or special district in the county benefited

by such payment, where such refunds are made pursuant to section seven

hundred twenty-six of the real property tax law. A tax so levied upon a

town, village, city or special district for which the excess of tax was

collected shall be treated as a purpose of and charge against such town,

village, city or special district, as the case may be.

Town law

s. Amounts specified in annual budgets of towns, as provided by

section one hundred fifteen of the town law. A tax or assessment so

levied shall be treated as a purpose of and charge against the town or

district for which they are levied.

Workmen's compensation law

t. Amounts included in a tax levy to pay the share of a participant,

other than the county, in a county self-insurance plan in accordance

with the provisions of article five of the workmen's compensation law. A

tax so levied shall be treated as the purpose of and charge against such

participant.

Special laws

u. Amounts charged against the county pursuant to subdivision three of

section four of chapter six hundred seventy-eight of the laws of

nineteen hundred twenty-eight, as amended, for the amortization of bonds

issued for grade crossing purposes pursuant to section fourteen of

article seven of the constitution. A tax so levied shall be treated as

being levied for debt service.

v. Amounts charged against the county or a town therein for the

amortization of bonds issued for highway purposes pursuant to chapter

four hundred sixty-nine of the laws of nineteen hundred six, as amended

or supplemented, or chapter two hundred ninety-eight of the laws of

nineteen hundred twelve, as amended or supplemented. A tax so levied

shall be treated as being imposed for debt service.

w. Providing for town purposes, in accordance with sections one

hundred three and one hundred four of the Dunkirk city charter. An

amount so levied shall be treated as a purpose of and charge against the

town of Dunkirk.

x. Construction and maintenance of highway bridges within the city of

Port Jervis and the town of Deerpark and apportioned between such city

and such town, as provided by section seventy of the charter of the city

of Port Jervis. A tax so levied shall be treated as a purpose of and

charge against such city or town, as the case may be.

y. Repayment to the city of Port Jervis of the amount paid by the city

for the bond of the city clerk for the collection of taxes levied by the

board of supervisors, as provided by section ninety-four of the charter

of the city of Port Jervis. A tax so levied shall be treated as a

purpose of and charge against such city.

z. Repayment to the city of Port Jervis of the amount of unpaid taxes

paid to the county treasurer, as provided by section ninety-seven-a of

the charter of the city of Port Jervis. A tax so levied shall be treated

as a purpose of and charge against such city.

aa. Highway, bridge and fire fighting purposes and increases of

salaries of district superintendents of schools, assessed upon property

situated outside the corporation tax district of the city of Rome as

provided by section ninety and subdivision two of section two hundred

eighty-three of the charter of the city of Rome. A tax so levied shall

be treated as a purpose of and charge against such city.

bb. Providing for purposes of the town of Vernon and levied upon the

city of Sherrill, as provided by section four of the charter of the city

of Sherrill. A tax so levied shall be treated as purpose of and charge

against such town.

cc. Sanitary sewer and public works purposes, which pursuant to

agreement are made a general charge against a town, village or city in

Onondaga county, as provided by chapter five hundred sixty-eight of the

laws of nineteen hundred thirty-three, as amended. A tax so levied shall

be treated as a purpose of and charge against such town, village or

city, as the case may be.

dd. Amounts included in the city abstract of taxes levied against the

city of Syracuse (a) for payments by such city of discounts on account

of payments of certain taxes and (b) for the percentage received by such

city from the treasurer of the county for collection of certain taxes,

as provided by section one of chapter six hundred ninety of the laws of

nineteen hundred thirty-seven, as amended. A tax so levied shall be

treated as a purpose of and charge against such city.

ee. Police protection furnished to a city, village or police district

by the police department of the county of Nassau pursuant to contract,

as provided by section eight hundred four of chapter eight hundred

seventy-nine of the laws of nineteen hundred thirty-six, as amended. A

tax so levied shall be treated as a purpose of and charge against such

city, village or district, as the case may be.

4. For the purpose of computing the amount that may be raised in any

county by tax on real estate in any fiscal year for county purposes in

accordance with section ten of article eight of the constitution, taxes

levied or relevied by a county for each of the following purposes shall

be treated as levies or relevies for the purpose of enforcement or

adjustment and shall be excluded from such computation:

Education law

Real property tax law

b. Relevy of taxes rejected because imperfectly described or

erroneously assessed, as provided by section five hundred fifty-seven of

the real property tax law.

c. Levy of a deficiency in a previous levy, where such deficiency is

occasioned by reason of adjustment of equalization rates, as provided by

sections eight hundred twenty, eight hundred twenty-two and eight

hundred twenty-six of the real property tax law.

Town law

d. Levy of unpaid sewer charges, fees, rates or rents and penalties

thereon, transmitted to the board of supervisors as provided by

paragraph (k) of subdivision one of section one hundred ninety-eight of

the town law.

e. Levy of unpaid water charges or rates and penalties thereon,

transmitted to the board of supervisors as provided by paragraph (d) of

subdivision three of section one hundred ninety-eight of the town law.

f. Levy of unpaid refuse or garbage removal rates, charges or fees and

penalties thereon, transmitted to the board of supervisors as provided

by paragraph (c) of subdivision nine of section one hundred ninety-eight

of the town law.

Special laws

g. Relevy of unpaid taxes returned to the county of Cattaraugus

pursuant to section one hundred thirteen of chapter five hundred

thirty-five of the laws of nineteen hundred fifteen, constituting the

charter of the city of Olean.

5. For the purpose of computing the amount that may be raised in any

county by tax on real estate in any fiscal year for county purposes in

accordance with section ten of article eight of the constitution, the

following items shall be excluded from such computation and treated as

indicated:

Real property tax law

a. Making levies of taxes upon land or property omitted from the tax

levy of the preceding year, as provided by section five hundred

fifty-one or five hundred fifty-three of the real property tax law. The

amounts so levied shall be deducted from the aggregate of taxation to be

levied for the current year on the city or town in which such land or

property is located.

b. Charges against school districts on account of the making of

refunds to taxpayers of amounts of relevied school taxes attributable to

clerical errors, errors in essential fact, or unlawful entries as those

terms are defined in section five hundred fifty of the real property tax

law, where such refunds are made pursuant to section five hundred

fifty-six or five hundred fifty-six-a of the real property tax law. A

charge so made shall be deducted from any moneys which by reason of

returned unpaid school taxes shall become payable by the county

treasurer to the school district which returned the tax so assessed or

levied.

Town law

c. Payments of surplus moneys by a town toward the reduction of taxes

levied or to be levied upon the town, as provided by section one hundred

twelve of the town law. Such a payment shall be treated as a special

credit toward the reduction of such taxes.

Special laws

d. Amounts allocated to a city and to the area in the county outside

the cities from moneys collected from special taxes imposed by the

county pursuant to chapter two hundred seventy-eight of the laws of

nineteen hundred forty-seven, as amended, where such amounts are applied

to reduce the county tax levied upon real property in such city or such

area. An amount so applied shall be treated as a special credit toward

the reduction of such county tax levied upon real property.

6. A provision of this section shall be controlling wherever it is

inconsistent with any general, special or local law enacted prior to

January first, nineteen hundred fifty.

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