N.Y. Real Property Tax Law § 425-a: Abatement of county taxes in special assessing units

§ 425-a. Abatement of county taxes in special assessing units. 1.

Local option. The local legislative body of a county that is a special

assessing unit may provide by local law for the partial abatement of

county taxes pursuant to this section. Such abatement shall apply to

assessment rolls beginning with the roll finally completed in the year

two thousand two, and continuing through and including the roll finally

completed in the year two thousand twenty-eight unless such local law is

sooner repealed.

2. Eligible property. The property of a senior citizen that qualifies

for and receives the enhanced exemption pursuant to subdivision four of

section four hundred twenty-five of this title shall be qualified to

receive the abatement provided by this section.

3. Procedure. A separate application shall not be required for the

abatement. The assessor of such special assessing unit shall compute and

apply the abatement when extending the tax on eligible property.

Eligibility for such abatement shall be determined annually; a property

that becomes eligible for a year subsequent to the initial year in which

such abatement is authorized by local law shall receive the abatement

for such subsequent year and for each year thereafter while it remains

eligible and until the authorization for the abatement expires. If the

enhanced exemption granted pursuant to subdivision four of section four

hundred twenty-five of this title is later discontinued or revoked, the

abatement given pursuant to this section shall likewise be discontinued

or revoked. If eligibility for the abatement or the amount of the

abatement changes after the extension of taxes, the assessor shall

notify the official responsible for the collection or refund of taxes,

who shall calculate and impose or refund the difference in taxes

accordingly.

4. Computation of abatement by local legislative body. (a) The

abatement given pursuant to this section shall eliminate all or part of

the tax that results from any increase in the general county tax rate

applicable to the assessment roll finally completed in calendar year two

thousand two as compared to the tax rate applicable to the assessment

roll finally completed in calendar year two thousand one. It shall not

limit increases in tax that result from changes in the full value or

taxable value of property or from subsequent tax rate increases or

increases in taxes other than the general county tax.

(b) The general county tax extended on an eligible parcel shall be

abated by the abatement amount, which shall be calculated by multiplying

the taxable assessed valuation, after application of all exemptions for

which such parcel is eligible for general county tax purposes, by the

abatement tax rate determined pursuant to this subdivision, provided

that the abatement shall not exceed the general county tax otherwise

chargeable to such eligible parcel.

(c) The local legislative body shall determine separate abatement tax

rates for each class of property, each roll year and each portion of the

county for which a general county tax rate is determined. The abatement

rate shall be the base abatement tax rate calculated pursuant to this

subdivision multiplied by the abatement ratio.

(d) The abatement ratio shall be set forth in the local law, as it may

be amended from time to time, which adopts the abatement authorized by

this section. Such ratio shall be one-half if no other ratio is

specified in the local law. In no event shall the abatement ratio be

greater than one.

(e) For the general county tax levied on the assessment roll finally

completed in calendar year two thousand two, the base abatement tax rate

for a class shall be the general county tax rate for such class

applicable to such assessment roll, less the tax rate for such class for

the roll finally completed in calendar year two thousand one.

(f) In each subsequent year the base abatement tax rate shall be

adjusted to account for changes in the level of assessment by

multiplying the base abatement tax rate calculated pursuant to paragraph

(e) of this subdivision by the ratio between the class equalization rate

for such class for the roll completed in calendar year two thousand two

and the class equalization rate for such class for the assessment roll

for such subsequent year.

(g) If the equalized tax rate for a class in any year is less than the

equalized tax rate for the roll finally completed in calendar year two

thousand two but more than the rate for the roll completed in calendar

year two thousand one, the base abatement tax rate shall be recalculated

by dividing the difference between such equalized tax rates by the class

equalization ratio for the roll year of the taxes to be abated.

(h) If the equalized tax rate for a class and roll year after calendar

year two thousand two is less than the equalized tax rate for the roll

completed in calendar year two thousand one, no abatement shall be

granted for property in such class for such roll year.

(i) For purposes of this section, "class" shall have the meaning

provided by section eighteen hundred two of this chapter and "class

equalization rate" shall have the meaning provided by section twelve

hundred two of this chapter. The term "equalized tax rate" shall mean

the general county tax rate for a class and roll year multiplied by the

class equalization rate for such class and year.

5. Cooperative apartment corporations, trailers and mobile homes. The

abatement authorized by this section shall apply to taxes on real

property owned by a cooperative corporation and to trailers and mobile

homes to the extent such taxes are attributable to the property of

eligible shareholders or owners and shall be credited against the taxes

or rent otherwise payable by or chargeable to such eligible individuals

in the same manner as is provided for the exemption given by section

four hundred twenty-five of this title.

6. Retroactive implementation. A local law adopted pursuant to this

section may provide that benefits shall be given retroactively in

respect to all or specified assessment rolls finally completed in or

after the year two thousand two. Such local law may provide that the

assessor of such special assessing unit shall apply the retroactive

abatement as a credit against current taxes for one or more years or may

authorize the chief financial officer of the county to refund the excess

taxes collected without interest in one or more installments over a

period of one or more years.