N.Y. Real Property Tax Law § 1326: Payment of taxes in installments in city school districts

§ 1326. Payment of taxes in installments in city school districts. 1.

(a) Notwithstanding any of the provisions of this chapter, the school

authorities of a city school district may by resolution duly adopted

prior to the annual tax levy in any year determine that thereafter and

until such action be rescinded by the school authorities, any taxes

levied by it upon real property situate within the school district may

be paid in installments, not exceeding six, on or before such days

within the fiscal year for which such taxes are to be levied, as may be

prescribed by such resolution. The last such day shall not be later than

the thirtieth day preceding the end of such fiscal year. Each

installment shall be as nearly equal as possible.

(b) If the resolution so provides, each installment after the first

installment shall include interest on the balance calculated from the

date on which the first installment was due at the rate as determined

pursuant to section nine hundred twenty-four-a of this chapter for each

one month period, or part thereof, as defined in subdivision three of

section thirteen hundred twenty-eight of this article until such

installment is paid or until the return of the warrant by the collecting

officer, whichever shall be the sooner. The amount of any such interest

shall be included in and be deemed part of the amount of the unpaid tax.

All taxes remaining unpaid after the return of the warrant by the

collecting officer shall bear interest at the rate as determined

pursuant to section nine hundred twenty-four-a of this chapter for each

such one month period, or part thereof.

(c) Where such resolution does not provide for interest as authorized

by paragraph (b) of this subdivision, if any installment of taxes is

paid on or before the date when due, no interest shall be charged

thereon; if not so paid, interest shall be added to the amount of any

such installment at the rate as determined pursuant to section nine

hundred twenty-four-a of this chapter for each one month period, or part

thereof, as defined in subdivision three of section thirteen hundred

twenty-eight of this article until such installment is paid or until the

return of the warrant by the collecting officer, whichever shall be

sooner. The amount of such interest shall be included in and be deemed

part of the amount of the unpaid tax. All taxes remaining unpaid after

the return of the warrant by the collecting officer shall bear interest

at the rate as determined pursuant to section nine hundred twenty-four-a

of this chapter for each such one month period, or part thereof.

(d) Any such resolution shall state the number of installments, not

exceeding six, and the respective dates upon which the taxes are to

become payable. No installment may be paid unless all prior installments

of current taxes, including interest, shall have been paid or shall be

paid at the same time.

2. Whenever a resolution has been adopted pursuant to this section or

section thirteen hundred twenty-seven of this article, the notice

required to be given by the collecting officer shall state that taxes

may be paid in installments as provided in the resolution. Warrants for

the collection of taxes levied while such resolution continues in force

shall contain appropriate directions for the collection of taxes in the

manner specified in such resolution. Such warrant shall further command

the collecting officer to whom the same is directed to return his

warrant in the manner provided by this chapter within twenty days after

the date on or before which the last installment of taxes must be paid.

3. Notwithstanding the foregoing provisions of this section, the

school authorities of each such city school district shall have the

power, by resolution duly adopted, to suspend the provisions of this

section in relation to the rates of interest payable on school district

taxes remaining unpaid on the respective installment dates. Upon the

adoption of such a resolution, the rates of interest payable on unpaid

city taxes in such city, according to law, shall be the rates of

interest payable on school district taxes remaining unpaid on the

respective installment dates. Such rates shall remain so applicable

until such school authorities, by resolution duly adopted, terminate the

period of suspension of such provisions of this section.