N.Y. Real Property Tax Law § 497: Construction of certain local option provisions in exemption statutes

§ 497. Construction of certain local option provisions in exemption

statutes. 1. Population restrictions. When an exemption statute makes

one or more options available to municipal corporations having a

population within a specified range, and the governing body of a

municipal corporation adopts a local law or resolution exercising such

an option while its population is within the specified range, a

subsequent change in the population of the municipal corporation that

places it outside the specified range shall not render such local law or

resolution ineffective or invalid, nor shall it impair the ability of

the governing body to amend or repeal such local law or resolution to

the same extent as if its population were still within the specified

range. Provided, however, that this subdivision shall not apply to any

exemption statute that expressly provides that a local law or resolution

adopted thereunder shall become ineffective or invalid if the population

of the municipal corporation subsequently experiences a change that

places it outside the specified range.

2. Filing provisions. When an exemption statute makes one or more

options available to some or all municipal corporations, and further

provides that a municipal corporation adopting a local law or resolution

exercising such an option shall file a copy thereof with one or more

state agencies other than the department of state, but if such statute

does not expressly provide that a local law or resolution exercising

such an option shall not take effect until a copy thereof is filed with

the specified state agency or agencies, then a failure to comply with

such filing provision shall not render such local law or resolution

ineffective or invalid.