N.Y. Tax Law § 253-d: Recording tax imposed by the city of Yonkers

§ 253-d. Recording tax imposed by the city of Yonkers. 1. The city of

Yonkers, acting through its local legislative body, is hereby authorized

and empowered to adopt and amend local laws imposing in any such city

during the period beginning September first, nineteen hundred

ninety-three and ending August thirty-first, two thousand twenty-seven,

a tax of fifty cents for each one hundred dollars and each remaining

major fraction thereof of principal debt or obligation which is or under

any contingency may be secured at the date of execution thereof, or at

any time thereafter, by a mortgage on real property situated within such

city and recorded on or after the date upon which such tax takes effect

and a tax of fifty cents on such mortgage if the principal debt or

obligation which is or by any contingency may be secured by such

mortgage is less than one hundred dollars.

2. The taxes imposed under the authority of this section shall be

administered and collected in the same manner as the taxes imposed under

subdivision one of section two hundred fifty-three and paragraph (b) of

subdivision one of section two hundred fifty-five of this chapter.

Except as otherwise provided in this section, all the provisions of this

article relating to or applicable to the administration and collection

of the taxes imposed by such subdivisions shall apply to the taxes

imposed under the authority of this section with such modifications as

may be necessary to adapt such language to the tax so authorized. Such

provisions shall apply with the same force and effect as if those

provisions had been set forth in full in this section except to the

extent that any provision is either inconsistent with a provision of

this section or not relevant to the tax authorized by this section. For

purposes of this section, any reference in this article to the tax or

taxes imposed by this article shall be deemed to refer to a tax imposed

pursuant to this section, and any reference to the phrase "within this

state" shall be read as "within the city of Yonkers", unless a different

meaning is clearly required.

3. Where the real property covered by the mortgage subject to the tax

imposed pursuant to the authority of this section is situated in this

state but within and without the city of Yonkers, the amount of such tax

due and payable to such city shall be determined in a manner similar to

that prescribed in the first paragraph of section two hundred sixty of

this chapter which concerns real property situated in two or more

counties. Where such property is situated both within such city and

without the state, the amount due and payable to such city shall be

determined in the manner prescribed in the second paragraph of such

section two hundred sixty which concerns property situated within and

without the state. Where real property is situated within and without

such city, the recording officer of the jurisdiction in which the

mortgage is first recorded shall be required to collect the taxes

imposed pursuant to this section.

4. A tax imposed pursuant to the authority of this section shall be in

addition to the taxes imposed by section two hundred fifty-three.

5. Notwithstanding any provision of this article to the contrary, the

balance of all moneys paid to the recording officer of the county of

Westchester during each month upon account of the tax imposed pursuant

to the authority of this section, after deducting the necessary expenses

of his office as provided in section two hundred sixty-two of this

chapter, except taxes paid upon mortgages which under the provisions of

this section or section two hundred sixty of this chapter are first to

be apportioned by the commissioner, shall be paid over by such officer

on or before the tenth day of each succeeding month to the county

treasurer of Westchester county and, after the deduction by such county

treasurer of the necessary expenses of his or her office provided in

section two hundred sixty-two of this chapter shall be deposited in the

general fund of the city of Yonkers for expenditure on city purposes.

6. Any local law imposing a tax pursuant to the authority of this

section or repealing or suspending such a tax shall take effect only on

the first day of a calendar month. Such a local law shall not be

effective unless a certified copy thereof is mailed by registered or

certified mail to the commissioner at the commissioner's office in

Albany at least thirty days prior to the date the local law shall take

effect.

7. Certified copies of any local law described in this section shall

also be filed with the county clerk, the secretary of state and the

state comptroller within five days after the date it is duly enacted.