N.Y. Real Property Tax Law § 485-l*2: Residential investment exemption; certain school districts

* § 485-l. Residential investment exemption; certain school districts.

1. Residential real property constructed on or after the first day of

July, two thousand seven in school districts which serve a city with a

population of not less than eighteen thousand and not more than eighteen

thousand five hundred may be exempt from school district taxation as

provided in this section, provided that the governing board of such

school district after a public hearing adopts a resolution providing

therefor.

2. (a) (i) Such real property shall be exempt for a period of one year

to the extent of fifty per centum of the increase in assessed value

thereof attributable to such construction and for an additional period

of nine years provided, however, that the extent of such exemption shall

be decreased by five per centum each year during such additional period

of nine years and such exemption shall be computed with respect to the

"exemption base". The exemption base shall be the increase in assessed

value as determined in the initial year of such ten year period

following the filing of an original application, except as provided in

subparagraph (ii) of this paragraph.

(ii) In any year in which a change in level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the

rules of the commissioner, the exemption base shall be multiplied by a

fraction, the numerator of which shall be the total assessed value of

the parcel on such final assessment roll (after accounting for any

physical or quantity changes to the parcel since the immediately

preceding assessment roll), and the denominator of which shall be the

total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The

exemption shall thereupon be recomputed to take into account the new

exemption base, notwithstanding the fact that the assessor receives the

certification of the change in level of assessment after the completion,

verification and filing of the final assessment roll. In the event the

assessor does not have custody of the roll when such certification is

received, the assessor shall certify the recomputed exemption to the

local officers having custody and control of the roll, and such local

officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give

written notice of such recomputed exemption to the property owner, who

may, if he or she believes that the exemption was recomputed

incorrectly, apply for a correction in the manner provided by title

three of article five of this chapter for the correction of clerical

errors.

(iii) The following table shall illustrate the computation of the

school district tax exemption:

Year of exemption Percentage of exemption

1 50

2 45

3 40

4 35

5 30

6 25

7 20

8 15

9 10

10 5

(b) No such exemption shall be granted unless:

(i) such construction was commenced on or after the first day of July,

two thousand seven or such later date as may be specified by resolution;

(ii) the residential real property is situate in a school district

which serves a city with a population of not less than eighteen thousand

and not more than eighteen thousand five hundred;

(iii) the cost of such construction exceeds the sum of seventy

thousand dollars or such greater amount as may be specified; and

(iv) such construction is completed as may be evidenced by a

certificate of occupancy or other appropriate documentation as provided

by the owner.

(c) For purposes of this section the term construction shall not

include ordinary maintenance and repairs.

3. Such exemption shall be granted only upon application by the owner

of such real property on a form prescribed by the commissioner. Such

application shall be filed with the appropriate assessor within the

school district which serves a city with a population of not less than

eighteen thousand and not more than eighteen thousand five hundred on or

before the appropriate taxable status date of such school district and

within one year from the date of completion of such construction.

4. If the assessor is satisfied that the applicant is entitled to an

exemption pursuant to this section, he or she shall approve the

application and such real property shall thereafter be exempt from

taxation by a school district which serves a city with a population of

not less than eighteen thousand and not more than eighteen thousand five

hundred as provided in this section commencing with the assessment roll

prepared after the taxable status date referred to in subdivision three

of this section. The assessed value of any exemption granted pursuant to

this section shall be entered by the assessor on the assessment roll

with the taxable property, with the amount of the exemption shown in a

separate column.

5. The provisions of this section shall apply to real property used as

the primary residence of the owner.

6. In the event that real property granted an exemption pursuant to

this section ceases to be used primarily for eligible purposes, the

exemption granted pursuant to this section shall cease.

7. A school district which serves a city with a population of not less

than eighteen thousand and not more than eighteen thousand five hundred

may, by resolution, reduce the per centum of exemption otherwise allowed

pursuant to this section; provided, however, that a project in course of

construction and exemptions existing prior in time to passage of any

such resolution shall not be subject to any such reduction so effected.

Such school district upon reduction of the per centum of exemption

pursuant to this subdivision may thereafter, by resolution, increase the

per centum of exemption up to any per centum not exceeding the maximum

allowed by subdivision two of this section, provided, however, that any

such resolution shall apply only to construction commenced subsequent to

the effective date of such resolution. A copy of all such resolutions

shall be filed with the commissioner and the assessor of the school

district.

8. A school district which serves a city with a population of not less

than eighteen thousand and not more than eighteen thousand five hundred

may, by resolution, establish a date for the commencement of

effectiveness of exemption offered pursuant to this section and may

provide that the provisions of this section shall apply only to

construction having a greater value than that specified by subdivision

two of this section, provided, however, that such amount shall not

exceed three hundred fifty thousand dollars.

9. (a) A school district which serves a city with a population of not

less than eighteen thousand and not more than eighteen thousand five

hundred may, by resolution, establish a board to be known as the

residential incentive board. The membership and composition of such

board shall be set forth in the resolution.

(b) The residential incentive board shall present a plan to the board

of education of a school district which serves a city with a population

of not less than eighteen thousand and not more than eighteen thousand

five hundred concerning the various types of residential real property

which should be granted eligibility for an exemption pursuant to

subdivision one of this section. Such plan shall make a recommendation

as to whether the exemption be computed as provided in subdivision two

of this section. In addition, such plan shall identify specific

geographic areas within which such exemptions should be offered. In

developing the plan required by this paragraph, the board shall consider

the planning objectives of a school district which serves a city with a

population of not less than eighteen thousand and not more than eighteen

thousand five hundred, the necessity of the exemption to the attraction

or retention of home owners and the economic benefit to the area of

providing exemptions to home owners.

(c) In addition, the board may make recommendations to the school

board of a school district which serves a city with a population of not

less than eighteen thousand and not more than eighteen thousand five

hundred with respect to actions it deems desirable to improve the

economic climate therein.

10. If a school district which serves a city with a population of not

less than eighteen thousand and not more than eighteen thousand five

hundred establishes a residential incentive board pursuant to

subdivision nine of this section, such school district may, by

resolution, restrict real property eligible to receive the exemption to

real property constructed for those purposes identified in the plan

presented by the board. Such resolution shall restrict the availability

of such exemption to the specific geographic areas identified in the

plan presented by the board.

11. Any school district which adopts an exemption pursuant to this

section shall cause information relating to the availability of such

exemption, including requirements and application procedures, to be

forwarded to each municipality which issues building permit applications

in which it is available and copies of such information shall be posted

in a conspicuous location in the office or offices where such permits

and applications are issued and processed.

* NB There are 2 § 485-l's