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New York · Through 2026-09-11

N.Y. Real Property Tax Law § 1801: Definitions

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Where this section sits in the code
  1. Real Property Tax Law
  2. Article 18. Preservation of Class Share of Taxes In Municipal Corporations Except Counties Within a City, Included Within the Boundaries of a Special Assessing Unit and Limitation On Increases In Assessments Therein

§ 1801. Definitions. (a) "Special assessing unit" means an assessing

unit with a population of one million or more.

(b) "Residential real property" means improved real property used

primarily for residential dwelling purposes including farm dwellings.

(c) "Utility real property" for the purposes of this article means the

real property, including special franchises, of persons and corporations

subject to the supervision of the state department of public service,

the state department of transportation, or any other regulatory agency

of the state or federal government, used in the generation, storage,

transmission, distribution or sale of gas, electricity, steam, water,

refrigeration, cable television, telephone or telegraph service,

delivered through mains, pipes, cables, lines or wires, provided,

however, that "utility real property" shall not include the types of

real property, property or land described in paragraph (a) or (b) of

subdivision twelve of section one hundred two of this chapter owned by

such persons and corporations.

(d) "Portion" means the part of a special assessing unit, except a

county included within a city, included within the boundaries of a city,

village which has adopted the provisions of subdivision three of section

fourteen hundred two of this chapter, town, town excluding all villages

therein, school district, or a special district which encompasses an

entire special assessing unit with the exception of one or more entire

cities or villages.

(e) "Class" means any of the classes defined in subdivision one of

section eighteen hundred two of this article.

(f) "Base proportion" means either: (1) for a special assessing unit

which is not a city, the proportion of the taxable assessed value of

real property which each class constituted of the total taxable assessed

value of all real property as entered on the final assessment roll

completed and filed in calendar year nineteen hundred eighty-one of such

special assessing unit or on the part of that assessment roll applicable

to a portion of the special assessing unit, except that for town and

county special districts not included within the definition of portion,

the applicable roll shall be that which was completed and filed in

calendar year two thousand one, or (2) for a special assessing unit

which is a city, the proportion of the taxable assessed value of real

property which each class constituted of the total taxable assessed

value of all real property as entered on the final assessment roll

completed and filed in calendar year nineteen hundred eighty-four, and

as adjusted to account for properties exempted under section four

hundred fifty-eight of this chapter to the extent such properties are

taxable for education purposes, provided, however, that the taxable

assessed value of real property subject to a transition assessment

pursuant to subdivision three of section eighteen hundred five of this

article shall be determined from the lesser of the transition assessment

or actual assessment.

(g) "Adjusted proportion" means any proportion established in

accordance with subdivision two of section eighteen hundred three of

this article.

(h) "Adjusted base proportion" means any proportion established in

accordance with section eighteen hundred three-a of this article.

(i) "Market value survey" means studies completed by the commissioner

pursuant to article twelve or twelve-A of this chapter.

(j) "Tax" means for the purposes of this article a charge imposed upon

real property by or on behalf of a county, city, town, village, town or

county special district, or school district for municipal or school

district purposes. For purposes of this article, a county special

assessment levied in a zone of assessment pursuant to subdivision three

of section four of chapter six hundred eighty-five of the laws of two

thousand three shall be considered a tax.

(k) "Local base proportion" means the adjusted proportion determined

by the legislative body of a special assessing unit for each class and

for each class within each portion included within its boundaries for

assessment rolls completed in nineteen hundred ninety.

(l) "Zone of assessment" shall, for purposes of a special assessing

unit that is not a city, have the meaning set forth in paragraph (f) of

subdivision one of section four of chapter six hundred eighty-five of

the laws of two thousand three.

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