N.Y. Real Property Tax Law § 727: Prohibition against change in assessment following litigation

§ 727. Prohibition against change in assessment following litigation.

1. Except as hereinafter provided, and except as to any parcel of real

property located within a special assessing unit as defined in article

eighteen of this chapter where an assessment being reviewed pursuant to

this article is found to be unlawful, unequal, excessive or

misclassified by final court order or judgment, the assessed valuation

so determined shall not be changed for such property for the next three

succeeding assessment rolls prepared on the basis of the three taxable

status dates next occurring on or after the taxable status date of the

most recent assessment under review in the proceeding subject to such

final order or judgment. Where the assessor or other local official

having custody and control of the assessment roll receives notice of the

order or judgment subsequent to the filing of the next assessment roll,

he or she is authorized and directed to correct the entry of assessed

valuation on the assessment roll to conform to the provisions of this

section.

2. An assessment on property subject to the provisions of subdivision

one of this section may be changed on an assessment roll where:

(a) There is a revaluation or update of all real property on the

assessment roll;

(b) There is a revaluation or update in a special assessing unit of

all real property of the same class;

(c) There has been a physical change (improvement) to the property;

(d) The zoning of such property has changed;

(e) Such property has been altered by fire, demolition, destruction or

similar catastrophe;

(f) An action has been taken by any office of the federal, state or

local government which caused a discernible change in the general area

where the property is located which directly impacts on property values;

(g) There has been a change in the occupancy rate of twenty-five

percent or greater in a building located on a property which is not

eligible for an assessment review under title one-A of this article

(small claims assessment review);

(h) The owner of the property becomes eligible or ineligible to

receive an exemption; or

(i) The use or classification of the property has changed.

3. No petition for review of the assessment on such property shall be

filed while the provisions of subdivision one of this section are

applicable to such property.