N.Y. Real Property Tax Law § 844: Use of county equalization rates

§ 844. Use of county equalization rates. 1. In any county to which

this title is applicable, county taxes shall be apportioned among the

cities and towns within the county on the basis of the proportion of the

total full valuation of taxable real property within the county which is

located within each city and town. This total valuation shall be

determined by dividing the taxable assessed value of taxable real

property by the appropriate city or town equalization rate as certified

by the commissioner pursuant to this title. For purposes of this

section: (a) "taxable real property" excludes real property which, by

statute, is wholly exempt from county taxation, (b) "taxable assessed

value" is limited to the assessed value actually subject to county

taxation except that it also includes the amount of assessed value

partially exempt from county taxation pursuant to (i) sections four

hundred fifty-eight, four hundred sixty and four hundred sixty-four of

this chapter, and (ii) such other sections of law as the county

legislature designates by resolution to be included in the total

valuation. Where the commissioner furnishes the same state equalization

or special equalization rate for two or more of the cities and towns in

the county for use by that county in the apportionment of taxes, the

commissioner shall concurrently therewith notify the county that county

taxes may be apportioned in the manner provided by subdivision two of

this section.

2. When the commissioner has furnished the same state equalization or

special equalization rate for two or more of the cities and towns in a

county for use by that county in the apportionment of taxes, the county

may apportion its levy as follows: (a) The county shall determine the

amount of county tax to be raised from each city and town in the county

in accordance with the provisions set forth in subdivision one of this

section.

(b) For those cities and towns with respect to which the commissioner

has furnished the same state equalization or special equalization rate,

the amount of county tax to be raised in aggregate from each part of

such city or town is the sum of the amounts determined for each such

city and town in accordance with paragraph (a) of this subdivision. This

aggregate amount of school tax shall be apportioned to each such city or

town in proportion to the sum of the assessed value actually subject to

the taxation for county purposes.

3. On or before the first day of February in each year, the clerk of

the county legislative body shall transmit to the commissioner, in the

form prescribed by it, a statement for the preceding calendar year

showing the taxable assessed value of taxable real property of each city

and town; the taxable assessed value upon which the county tax has

actually been levied; the county equalization rate certified by the

commissioner; the full valuation of taxable real property used for

apportioning the tax levy between municipalities; whether any taxes were

apportioned pursuant to the provisions of subdivision two of this

section; and a list of the partial exemptions which the county

legislature has, by resolution adopted pursuant to this section, elected

to include in the taxable assessed value actually subject to county

taxation. The time for transmitting such statement may be extended by

the commissioner for good cause shown by the clerk of the county

legislative body.

4. If it appears to the board of supervisors of any county that a

clerical error has been made by the county equalization agency and that

by reason of such error injustice has been done to one or more cities or

towns and that two years have not elapsed since the equalization, the

error may be corrected by the board of supervisors. If the equalization

cannot be corrected before taxes are levied on the basis thereof, such

board shall determine the amount of county taxes paid or payable by any

such city or town under such equalization in excess of or less than that

which such city or town would have paid under such equalization as

corrected. The excess shall be subtracted, or the deficiency shall be

added, from or to the next county tax levy in such city or town as the

situation may require.