N.Y. Real Property Tax Law § 1202: Establishment of state equalization rates and class ratios and class equalization rates

§ 1202. Establishment of state equalization rates and class ratios and

class equalization rates. 1. (a) Upon final completion of the assessment

roll of each city, town and village, the commissioner shall inquire into

and ascertain as near as may be the percentage of full value at which

taxable real property in such city, town or village is assessed, which

percentage as finally determined as provided in this article shall be

the state equalization rate for such roll. In the case of a city in a

county having a county department of assessment with the power to assess

real property, the commissioner also shall establish a state

equalization rate for that portion of the county roll containing the

assessments of taxable real property in such city.

(b) In the case of special assessing units as defined in section

eighteen hundred one of this chapter, the commissioner shall also

ascertain for the purposes of article seven of this chapter the ratio of

the assessed valuation to the full valuation of taxable real property

for each class of property established under article eighteen of this

chapter, which percentages as finally determined as provided in this

article shall be the class ratios for each such class.

(c) In the case of special assessing units as defined in section

eighteen hundred one of this chapter and approved assessing units and

eligible non-assessing unit villages which have adopted the provisions

of section nineteen hundred three of this chapter as defined in section

nineteen hundred one of this chapter, the commissioner shall further

ascertain, for the purposes of section eighteen hundred three-a and

subdivision three of section nineteen hundred three of this chapter, the

percentage of full value at which taxable real property in each class

and each class in each portion has been assessed, which percentage as

finally determined as provided in this article shall be the class

equalization rate for such class or such class in such portion.

2. In establishing state equalization rates, class ratios and class

equalization rates the commissioner may, in its discretion, take

testimony and hear proof under oath or otherwise, and may avail itself

of all information appearing in its office or acquired in the discharge

of its duties and may employ experts or other persons to procure any

information required for such purpose.

3. All state equalization rates, special equalization rates, class

ratios and class equalization rates established by the commissioner

pursuant to law may be expressed to such number of decimal places as the

commissioner may determine, provided that the number of decimal places

shall be uniform for all state equalization rates, special equalization

rates, class ratios and class equalization rates established for

assessment rolls completed in the same calendar year.

4. For purposes of this article, the assessment roll of a village that

has enacted a local law pursuant to the provisions of subdivision three

of section fourteen hundred two of this chapter shall be the copy of the

part of the town or county assessment roll used for village tax purposes

subsequent to the enactment of such local law and the state equalization

rate established by the commissioner for the town or county assessment

roll shall be deemed to be the state equalization rate established for

the village.

5. State equalization rates established by the commissioner may be

based upon such market value survey or surveys as the commissioner may

designate for that purpose, subject to the following:

(a) the market value survey or surveys so designated shall be uniform

for state equalization rates established for all city and town

assessment rolls completed in the same calendar year;

(b) for special assessing units and approved assessing units and

eligible non-assessing unit villages which have adopted the provisions

of section nineteen hundred three of this chapter, the market value

survey or surveys so designated for class equalization rates for any

assessment roll shall be the same as those designated for state

equalization rates for that assessment roll;

(c) the state equalization rate for the assessment roll of a village

whose boundaries are coterminous with the boundaries of a union free

school district shall be based upon the same market value survey or

surveys as the survey or surveys used for state equalization rates for

city and town assessment rolls finally completed and filed in the same

calendar year as the assessment roll of such village;

(d) the state equalization rate for a village other than those

villages described in subdivision four of this section and paragraph (b)

of this subdivision shall be based upon the same market value survey or

surveys used for the establishment of the state equalization rate of the

appropriate town or county assessment roll.