N.Y. Tax Law § 1449-bb: Imposition of tax

* § 1449-bb. Imposition of tax. 1. Notwithstanding any other

provisions of law to the contrary, any town in the Peconic Bay region,

acting through its town board, is hereby authorized and empowered to

adopt a local law imposing in such town a tax on each conveyance of real

property or interest therein where the consideration exceeds five

hundred dollars, at the rate of two percent of the consideration for

such conveyance. Provided, however, any such local law imposing,

repealing or reimposing such tax shall be subject to a mandatory

referendum pursuant to section twenty-three of the municipal home rule

law. Notwithstanding the foregoing, prior to adoption of such local law,

the town must establish a community preservation fund pursuant to

section sixty-four-e of the town law. Revenues from such tax shall be

deposited in such fund and may be used solely for the purposes of such

fund. Such local law shall apply to any conveyance occurring on or after

the first day of a month to be designated by such town board, which is

not less than sixty days after the enactment of such local law, but

shall not apply to conveyances made on or after such date pursuant to

binding written contracts entered into prior to such date, provided that

the date of execution of such contract is confirmed by independent

evidence such as the recording of the contract, payment of a deposit or

other facts and circumstances as determined by the treasurer.

2. Notwithstanding any other provisions of law to the contrary, in

addition to the tax authorized by subdivision one of this section, any

town in the Peconic Bay region, acting through its town board, is hereby

authorized and empowered to adopt a local law imposing in such town a

supplemental tax on each conveyance of real property or interest therein

where the consideration exceeds five hundred dollars, at the rate of one

half of one percent of the consideration for such conveyance. Provided,

however, any such local law imposing, repealing or re-imposing such

supplemental tax shall be subject to a mandatory referendum pursuant to

section twenty-three of the municipal home rule law. Notwithstanding the

foregoing, prior to adoption of such local law, the town must establish

a community housing fund pursuant to section sixty-four-k of the town

law. Revenues from such supplemental tax shall be deposited in such fund

and may be used solely for the purposes of such fund. Such local law

shall apply to any conveyance occurring on or after the first day of a

month to be designated by such town board, which is not less than sixty

days after the enactment of such local law, but shall not apply to

conveyances made on or after such date pursuant to binding written

contracts entered into prior to such date, provided that the date of

execution of such contract is confirmed by independent evidence such as

the recording of the contract, payment of a deposit or other facts and

circumstances as determined by the treasurer. Any tax imposed pursuant

to this subdivision shall be administered and collected in a like manner

as the tax imposed by subdivision one of this section.

* NB Repealed December 31, 2050