N.Y. Real Property Tax Law § 1328: Collecting officer's fees; interest

§ 1328. Collecting officer's fees; interest. 1. Except as otherwise

provided in subdivision two of this section and except in city school

districts, the collecting officer shall receive for his services on all

sums paid to him within the one month collection period provided in

section thirteen hundred twenty-two of this chapter one per centum, and

upon all sums collected by him thereafter, five per centum. In case a

levy and sale is made by such collecting officer, he shall be entitled

to traveling expenses at the rate of ten cents per mile to be computed

from the principal school building in such district.

2. In a school district in which the collecting officer receives a

fixed compensation in lieu of fees under the provisions of subdivision

four of section twenty-one hundred thirty of the education law, all

taxes remaining unpaid after the expiration of the one month period

prescribed by subdivision one of section thirteen hundred twenty-two of

this chapter shall bear interest at the rate as determined pursuant to

section nine hundred twenty-four-a of this chapter for such one month

period and for each one month period or part thereof thereafter until

paid or until the return of the collecting officer's warrant. In the

case of a tax paid to the county treasurer under subdivision six of

section thirteen hundred thirty of this chapter, before levy, the amount

of such interest shall be in lieu of the five per centum of the tax

provided for in such section, and the amount of such interest shall be

included in and be deemed part of the amount of the unpaid tax for

purposes of payments to the district from the county treasurer and for

computing the additional percentage to be levied by the board of

supervisors, pursuant to subdivisions four and five of section thirteen

hundred thirty of this chapter. All interest collected by the collecting

officer upon school taxes under the provisions of this chapter shall

belong to the school district and shall be paid into the school district

funds.

3. In a city school district all taxes remaining unpaid after the

expiration of the one month period stated in section thirteen hundred

twenty-four of this chapter shall bear interest at the rate as

determined pursuant to section nine hundred twenty-four-a of this

chapter for such one month period and for each one month period or part

thereof thereafter until paid or until the return of such warrant by the

collecting officer. 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 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. Notwithstanding

the foregoing provisions of this subdivision, the school authorities of

any such city school district shall have the power, by resolution duly

adopted, to suspend the provisions of this subdivision in relation to

the rates of interest payable on school district taxes remaining unpaid

after the expiration of the one month period stated in section thirteen

hundred twenty-four of this chapter. 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 after the expiration of such one month

period. Such rates shall remain so applicable until such school

authorities, by resolution duly adopted, terminate the period of

suspension of such provisions of this subdivision.