N.Y. Real Property Tax Law § 304: Subject of assessment

* § 304. Subject of assessment. All assessments shall be against the

real property itself which shall be liable to sale pursuant to law for

any unpaid taxes or special ad valorem levies.

* NB (Effective until ruling by Commissioner of Internal Revenue)

* § 304. Subject of assessment. 1. All assessments shall be against

the real property itself which shall be liable to sale pursuant to law

for any unpaid taxes or special ad valorem levies.

2. Where real property in whole or part is rented for residential

purposes pursuant to a lease, or to the same occupant or occupants for

twelve consecutive months duration or longer, or if the dwelling unit is

subject to the regulation and control of residential rents and the

occupants' rights and obligations of tenancy are created and protected

by such regulation and control, a renter has an interest in the real

property and is subject to articles nine and ten of this chapter, or

laws of any municipality covering the levy and collection of taxes and

the enforcement of collection of delinquent taxes, whichever is

governing. Nothing in this subdivision shall relieve the owner of real

property from the obligation for paying all taxes due on the real

property under his ownership or vitiate the sale of said real property

for unpaid taxes or special ad valorem levies. The owner of real

property, or his designated agent, is obligated to apply the first money

received each month from the renter to taxes due on the real property

under his ownership.

3. As used in this section the term "rent" means the amount paid for

the right of occupancy of a dwelling unit excluding charges for heat,

gas, electricity, furnishings and board. Where such charges are included

in the amount paid but are not treated consistently among dwelling units

located within the real property and where such charges and the amount

thereof are not separately set forth in the lease, the amount paid shall

be reduced in the following manner:

(A) Fifteen percent of the rental paid shall be deducted for heat, or

heat and gas;

(B) Twenty percent of the rental paid shall be deducted for heat, gas

and electricity;

(C) Twenty-five percent of the rental paid shall be deducted for heat,

gas, electricity and furnishings;

(D) Fifty percent of the rental paid shall be deducted for heat, gas,

electricity, furnishings and board.

4. The attorney general shall prepare and submit to the commissioner

of internal revenue of the United States a request for a ruling that

payments of real property taxes made by a renter in such municipality

with an interest in real property pursuant to subdivision two of this

section, with respect to such interest, will be deductible by such

renter pursuant to paragraph a of subdivision one of section one hundred

sixty four of the internal revenue code of nineteen hundred fifty-four,

as amended.

5. Immediately after the effective date of this section and on or

before the tax status date of the ensuing fiscal year and annually

thereafter, the owner of the real property shall file with the

appropriate assessment department of the municipality in which the real

property is located the rent roll covering all units of said property,

including names of those renters whose interest is described in

subdivision two of this section and those renters who have elected an

interest as described in subdivision four of this section. This schedule

of rents shall include all units whether rented or not, and whether

residential or not. The assessors shall assign an assessed valuation to

each rental unit of said real property by establishing the relationship

of the yearly rent for the unit to the total yearly rent roll and

applying this ratio to the assessment established for the real property

as a whole, less the assessment on that portion of the real property

which the assessor may determine is not held for rental purposes. Taxes

on such real property not held for rental purposes shall be assessed

solely against the owner of the real property and shall not be

considered in determining the assessed valuation of each rental unit.

Where the residential real property is completed after the first tax

status day after the effective date of this section, the owner of such

real property shall file the required information with the assessors

after completion. In the event the assessors reassess said real

property, the relationships established for the prior assessments shall

be applied to the new assessments. The assessments so established may be

entered on the assessment roll itself or attached as an appendage to

such assessment roll but in any event the assessments for said real

property shall be deemed a composite of the total of the assessments of

each individual unit's assessment, and those renters whose interest is

described in subdivision two of this section and those renters who have

elected an interest as described in subdivision four of this section

shall be personally liable for the taxes levied on the assessments

declared for their respective units. It shall be the responsibility of

the owner of the real property to notify the assessors of all changes in

occupancy including notification when a vacant unit is occupied or an

occupied unit becomes vacant. The assessors on or before tax status day

will issue in writing to the owner a listing of the assessments assessed

for each unit. This listing shall state the amount of taxes each renter

whose interest is described in subdivision two of this section and each

renter who has elected an interest as described in subdivision four of

this section must pay each calendar month of the assessing unit's fiscal

year. The landlord shall make this listing available to each tenant upon

occupancy and thereafter upon receipt of such listing from the

assessors.

* NB (Effective pending ruling by Commissioner of Internal Revenue)