Section 11-201
§ 11-201 Assessments on real property; general powers of finance
department. The commissioner of finance shall be charged generally with
the duty and responsibility of assessing all real property subject to
taxation within the city.
Section 11-202
§ 11-202 Maps and records; surveyor. The commissioner of finance shall
appoint a surveyor who shall make the necessary surveys and corrections
of the block or ward maps, and also make all new tax maps which may be
required.
Section 11-203
§ 11-203 Maps and records; tax maps. a. As used in the charter and in
the code, the term "tax maps" shall mean and include the block map of
taxes and assessments to the extent that the territory within the city
of New York is or shall be embraced in such map, such ward or land maps
as embrace the remainder of such city, and also such maps as may be
prepared under and pursuant to subdivision d of this section.
b. Each separately assessed parcel shall be indicated on the tax maps
by a parcel number or by an identification number. A separate
identification number shall be entered upon the tax maps in such manner
as clearly to indicate each separately assessed parcel of real property
not indicated by parcel numbering. Real property indicated by a single
identification number shall be deemed to be a separately assessed
parcel.
In the case of a newly created parcel with any building thereon, no
tax lot number or identification number shall be assigned to such parcel
unless the commissioner of the department of buildings has certified
that the newly created parcel complies with all applicable zoning laws.
c. Parcel numbers shall designate each parcel by the use of three or
more numbers, of which one shall be a section or ward number, another a
block, district or plat number, and another a lot number. The department
of finance may from time to time change the form of the section and
blocks, and also the numbers thereof, on the tax maps filed in its
office whenever such change of form has been caused pursuant to section
one hundred ninety-nine of the charter, and there shall thereafter be
delineated and entered upon such maps such new additional sections and
blocks and their numbers as necessity may require. Such administration
may from time to time change the form of the lots or parcels comprised
within any block, and also the numbers thereof, and cause to be shown on
such maps the separate lots or parcels of land contained in any new
block added thereto and also the lots numbers thereof, according to the
general plan employed in the making of such maps.
d. Each separately assessed parcel indicated by an identification
number shall be shown by a description, or by inscription of such number
on the block map of taxes and assessments, or by other map and
description. Such numbers may be altered in the same manner as provided
in the preceding subdivision for the alteration of parcel numbers.
e. New tax maps shall be certified by the department of finance and
filed in its main office, and substituted for use in its offices and in
those of the department of environmental protection with respect to maps
affecting the boroughs of Manhattan, Bronx, Brooklyn and Queens, instead
of the maps theretofore in use therein. All changes and alterations made
in the tax maps shall be transmitted within thirty days after such
change or alteration to such offices.
f. On or before July first, nineteen hundred sixty-four, the
department of finance:
(i) Shall certify and file a map showing the boundaries of each and
every tax block and its tax block number in the boroughs of Manhattan,
Bronx, Brooklyn and Queens, with the city register, and with the clerks
of the counties of New York, Bronx, Kings and Queens,
(ii) Shall certify and file a copy of the tax maps for the year
nineteen hundred sixty-four--nineteen hundred sixty-five for the
boroughs of Manhattan, Bronx, Brooklyn and Queens with the city
register, and
(iii) Shall, not later than July first, nineteen hundred sixty-seven,
certify and file a copy of the tax maps for the year nineteen hundred
sixty-seven--nineteen hundred sixty-eight for the boroughs of Manhattan,
Bronx, Brooklyn and Queens respectively with the clerks of the counties
of New York, Bronx, Kings and Queens. All changes and alterations made
in the block boundary maps and in the tax maps shall be transmitted
within thirty days after such change or alteration to such county clerks
and city register.
Section 11-204
§ 11-204 Tax maps; block references; alterations and corrections. a.
On and after July first, nineteen hundred sixty-four, the use of the
land maps in the offices of the city register and in the offices of the
clerks of the counties of New York, Bronx, Kings and Queens, shall be
discontinued, and on and after July first, nineteen hundred sixty-four,
reference shall be had to the tax maps for the boroughs of Manhattan,
Bronx, Brooklyn and Queens and to block numbers designated thereon for
the purpose of indexing, recording or filing of instruments affecting
title or relating to real property in such counties and the tax maps for
said boroughs shall be conclusive as to the location of block boundaries
and block numbers. The tax map for each borough may be referred to as
the land map for the particular county which it affects.
b. Whenever any block boundaries shall be changed or any new or
additional blocks of land shall be formed in such counties by the
opening or closing of any street, avenue, road, boulevard or parkway or
otherwise, the department of finance shall cause such maps to be altered
to show the changes in the boundaries of a block and the formation of
such new or additional blocks, and to cause such blocks, the boundaries
of which have been altered, and such new or additional blocks, to be
numbered on such maps with such block numbers as such department may
determine. The commissioner of finance, or an officer or employee of the
department designated by the commissioner, shall certify and file
annually with the register and county clerk in each of such counties a
list of the numbers of the blocks, the boundaries of which have been
altered, and a list of the numbers of new or additional blocks which
have been formed.
c. For the purpose of notice under any of the provisions of law for
the recording of instruments affecting or relating to land in such
counties, each block shall be deemed to extend to the middle lines of
the streets, avenue, roads and boulevards laid out on such land maps
fronting and adjoining such block, and shall also be deemed to extend to
the exterior bulkhead line or to the exterior line of grants of land
under water where water forms one of the boundaries of a block.
d. The word "block", as used in this section designates a plot or
parcel of land such as is commonly so designated in the city, wholly
embraced within the continuous lines of streets, or streets and
waterfront taken together where water forms one of the boundaries of a
block, and such other parcels of land or land under water as may be
indicated by the department of finance upon such tax maps by block
numbers as constituting blocks.
Section 11-205
§ 11-205 Maps and records; public inspection; evidential value. a. The
books, maps, assessment-rolls, files and records of the department of
finance shall be kept in such of the offices of the department of
finance as may be most convenient to the taxpayers of the city and
suitable to the proper discharge of the business of the department of
finance. They shall be public records and shall at all reasonable times
be open to public inspection.
b. Copies of all such records and transcripts thereof, certified by
the commissioner of finance or an assessor or by an officer or employee
of the department of finance designated by the commissioner of finance,
and under the seal of the department of finance, shall be admissible in
evidence in all courts and places in the same manner and for the same
purposes as books, papers or documents similarly authenticated by the
clerk of a county.
Section 11-206
§ 11-206 Power of the commissioner of finance to correct errors. The
commissioner of finance may correct any assessment or tax which is
erroneous due to a clerical error or to an error of description
contained in the several books of annual record of assessed valuations,
or in the assessments-rolls. If the taxes computed on such erroneous
assessment have been paid, the commissioner of finance is authorized to
refund or credit the difference between the taxes computed on the
erroneous and corrected assessments.
Section 11-207
§ 11-207 Duties of assessors in assessing property. a. In performing
their assessment duties, the assessors shall personally examine each
parcel of taxable real estate during at least every third assessment
cycle, and shall personally examine each parcel of real estate that is
not taxable during at least every fifth assessment cycle, as measured
from the last preceding assessment cycle during which such parcel was
personally examined. Notwithstanding anything in the preceding sentence
to the contrary, the assessors shall revalue, reassess or update the
assessment of each parcel of taxable or nontaxable real estate during
each assessment cycle, irrespective of whether such parcel was
personally examined during each assessment cycle.
b. The persons having charge of the borough assessment offices shall
furnish to the commissioner of finance, under oath, a detailed statement
of all taxable real estate in the city. Such statement shall contain the
street, the section or ward, the block and lot and map or identification
numbers of such real estate embraced within such district; the sum for
which, in their judgment, each separately assessed parcel of real estate
would sell under ordinary circumstances if it were wholly unimproved
and, separately stated, the sum for which the same parcel would sell
under ordinary circumstances with the improvements, if any, thereon,
such sums to be determined with regard to the limitations contained in
the state real property tax law. Such statement shall include such other
information as the commissioner of finance may, from time to time,
require.
Section 11-207.1
§ 11-207.1 Information related to estimate of assessed valuation and
notice of property value.
a. Not later than the fifteenth day of February, the commissioner of
finance shall submit the following information relating to the estimate
of the assessed valuation of real property for the ensuing fiscal year
to the mayor and to the council, and publish such information on the
website of the department:
(1) a distribution by relevant geographies and buildings types of the
factors used in determining market values such as incomes, expenses, and
rates of capitalization. The distribution should provide, at a minimum,
the first, second and third quartiles of such factors;
(2) specific formulas, data sources, and values used to determine the
rates of capitalization for real property valuation;
(3) average values and changes of incomes and expenses, as reflected
on the statements required to be filed pursuant to section 11-208.1 of
this code;
(4) a statistical summary of the changes in the total market value and
assessed value for each property tax class and property category from
the assessment roll of the previous year;
(5) a statistical summary of equalization and non-equalization changes
from the assessment roll of the previous year; and
(6) the method of valuation used for each property listed on the
estimate of the assessed valuation of real property subject to taxation
for the ensuing fiscal year, and the information used to determine such
valuation.
b. The notice of property value sent by the department to an owner of
real property shall inform such owner how to access additional
information on the website of the department regarding valuation of the
subject real property, including the factors used by the department to
determine the market value of such real property. The notice of property
value shall include the address of such website. Such information shall
be made available at least thirty days prior to the final date for
filing any appeal.
Section 11-208
§ 11-208 Special right of entry; certificate of the commissioner of
finance. A right of entry upon real property and into buildings and
structures at all reasonable times to ascertain the character of the
property shall not be allowed to any person acting in behalf of the
department of finance, other than the officials mentioned in sections
one hundred fifty-six and one thousand five hundred twenty-one of the
charter, unless a certificate therefor, executed in writing and signed
by the commissioner of finance, is presented by such person to the
owner, lessee, or occupant of the premises or his or her agent before
entry thereon is made.
Section 11-208.1
§ 11-208.1 Income and expense statements. a. Where real property is
income-producing property, the owner shall be required to submit
annually to the department not later than the first day of June, a
statement of all income derived from and all expenses attributable to
the operation of such property as follows:
(1) Where the owner's books and records reflecting the operation of
the property are maintained on a calendar year basis, the statement
shall be for the calendar year preceding the date the statement shall be
filed.
(2) Where the owner's books and records reflecting the operation of
the property are maintained on a fiscal year basis for federal income
tax purposes, the statement shall be for the last fiscal year concluded
as of the first day of May preceding the date the statement shall be
filed.
(3) Notwithstanding the provisions of paragraphs one and two of this
subdivision, where the owner of the property has not operated the
property and is without knowledge of the income and expenses of the
operation of the property for the entire year for which the income and
expense statement is required pursuant to the provisions of paragraph
one or paragraph two of this subdivision, then an income and expense
statement shall not be required for such year. Such owner is, however,
subject to the requirements of paragraph four of subdivision d of this
section.
(4) The commissioner may for good cause shown extend the time for
filing an income and expense statement by a period not to exceed thirty
days, or in the case of residential class two properties held in the
cooperative or condominium form of ownership, by a period not to exceed
sixty days. The filing of the income and expense statement within the
time prescribed by this paragraph shall be considered timely filed.
b. Such statements shall contain the following declaration: "I certify
that all information contained in this statement is true and correct to
the best of my knowledge and belief. I understand that the willful
making of any false statement of material fact herein will subject me to
the provisions of law relevant to the making and filing of false
instruments and will render this statement null and void."
c. The form on which such statement shall be submitted shall be
prepared by the commissioner and copies of such form shall be made
available at the offices of the department in the county in which the
property is located. The commissioner may, by rule, require such
statement to be submitted electronically in such form and such manner as
the commissioner may determine. For good cause, the commissioner may
waive any rule requiring electronic filing and may permit a statement to
be filed in such other manner as the commissioner may designate.
d. (1) In the event that an owner of income-producing property fails
to file an income and expense statement within the time prescribed in
subdivision a of this section (determined with regard to any extension
of time for filing), such owner shall be subject to a penalty in an
amount not to exceed three percent of the assessed value of such
income-producing property determined for the current fiscal year in
accordance with section fifteen hundred six of the charter provided,
however, that if such statement is not filed by the thirty-first day of
December, the penalty shall be in an amount not to exceed four percent
of such assessed value. If, in the year immediately following the year
in which an owner fails to file by the thirty-first of December, the
owner again fails to file an income and expense statement within the
time prescribed in subdivision a of this section (determined with regard
to any extension of time for filing), such owner shall be subject to a
penalty in an amount not to exceed five percent of the assessed value of
such property determined for the current fiscal year. Such owner shall
also be subject to a penalty of up to five percent of such assessed
value in any year immediately succeeding a year in which a penalty of up
to five percent could have been imposed, if in such succeeding year the
owner fails to file an income and expense statement within the time
prescribed in subdivision a of this section (determined with regard to
any extension of time for filing). The penalties prescribed in this
paragraph shall be imposed by the commissioner after notice and an
opportunity to be heard, and an opportunity to cure the failure to file.
The penalties prescribed in this paragraph shall be a lien on such
income-producing property when entered by the commissioner in the
records in which charges against the property are to be entered, and
shall continue to be, until paid, a lien on such property. Such lien
shall be a tax lien within the meaning of sections 11-319 and 11-401 of
this code and may be collected, sold, enforced or foreclosed in the
manner provided in chapters two, three and four of title eleven of this
code or may be satisfied in accordance with the provisions of section
thirteen hundred fifty-four of the real property actions and proceedings
law. If any such penalties are not paid within thirty days from the date
of entry, it shall be the duty of the commissioner to receive interest
thereon at the rate of interest applicable to such property for a
delinquent tax on real property, to be calculated to the date of payment
from the date of entry. The penalties prescribed in this paragraph may
also be collected in an action brought against the owner of the
income-producing property in a court of competent jurisdiction. The
institution of any such action shall not suspend or bar the right to
pursue any other remedy provided by law for the recovery of such
penalties.
(2) The tax commission shall deny a hearing on any objection to the
assessment of property for which an income and expense statement is
required and has not been timely filed.
(3) Where an income and expense statement required under the
provisions of this section has not been timely filed, the commissioner
may compel by subpoena the production of the books and records of the
owner relevant to the income and expenses of the property, and may also
make application to any court of competent jurisdiction for an order
compelling the owner to furnish the required income and expense
statement.
(4) An owner of real property who is not required to submit an income
and expense statement pursuant to paragraph three of subdivision a of
this section or the rules promulgated by the commissioner of finance
pursuant to subdivision g of this section shall submit to the
department, annually on or before the first day of June, or on such
other schedule as determined by rule of the commissioner, a claim of
exclusion from the filing requirement in a form approved by the
commissioner. The commissioner may for good cause shown extend the time
for submitting a claim of exclusion by a period not to exceed thirty
days, or in the case of residential class two properties held in the
cooperative or condominium form of ownership, by a period not to exceed
sixty days. The filing of the claim of exclusion within the time
prescribed by this paragraph shall be considered timely filed. In the
event that an owner who is required to submit a claim of exclusion fails
to submit such claim within the time prescribed by this paragraph or by
the rules of the commissioner, such owner shall be subject to a penalty.
Such penalty shall be imposed by the commissioner after notice and an
opportunity to be heard, and an opportunity to cure the failure to
submit a claim of exclusion, and shall be collected and enforced,
including the imposition of interest for late payment, in the same
manner as the penalties for failure to file an income and expense
statement as provided in paragraph one of this subdivision. Such penalty
shall not exceed the following amounts:
(i) one hundred dollars for failure to submit a claim of exclusion in
one year;
(ii) five hundred dollars for failure to submit a claim of exclusion
in two consecutive years;
(iii) one thousand dollars for failure to submit a claim of exclusion
in three consecutive years or more.
(5) Notwithstanding paragraph four of this subdivision, an owner of
real property described in the categories below is not required to
submit a claim of exclusion:
(i) property that has an assessed valuation of forty thousand dollars
or less;
(ii) residential property containing ten or fewer dwelling units;
(iii) property classified in class one or two as defined in article
eighteen of the real property tax law containing six or fewer dwelling
units and one retail store; or
(iv) special franchise property that is assessed pursuant to article
six of the real property tax law.
(6) The department shall inform owners of income producing property,
other than owners of the property described in paragraph five of this
subdivision, of the requirement to file an income and expense statement,
or, if applicable, a claim of exclusion, on the property tax bill for
payment of the installment of real property tax that is due and payable
on the first day of January and on the notice of property value. Such
notification shall also inform the owner of such property that a penalty
and interest may be imposed on such owner for failure to submit such
claim, and that any penalties or interest imposed on such owner shall
constitute a lien on such property.
(7) No later than thirty days prior to the imposition of a penalty
prescribed in paragraphs one and four of this subdivision, the
commissioner shall publish on the website of the department a list of
all property for which an income and expense statement, or, if
applicable, a claim of exclusion, required to be filed pursuant to the
provisions of this section was not timely filed. Such list shall contain
the borough, block, lot, address, zip code, and tax class of the
property. No later than the first day of February of each calendar year,
the commissioner shall publish on the website of the department a list
of all property for which an income and expense statement or, if
applicable, a claim of exclusion, required to be filed pursuant to the
provisions of this section was not timely filed. Such list shall contain
the borough, block, lot, address, zip code, and tax class of the
property, the penalty amount imposed by the department for failure to
comply with the provisions of this section, and, to the extent
practicable, the number of consecutive years the property owner has
failed to file an income and expense statement, or, if applicable, a
claim of exclusion.
(8) In cases where the closing or finalizing of the sale of real
property precedes the publication of the lists described in paragraph
seven of this subdivision or the first property tax bill to reflect a
penalty imposed on such property for the failure to file an income and
expense statement or, if applicable, a claim of exclusion, required to
be filed pursuant to this section, the commissioner may waive such
penalty and cancel any lien imposed as a result of such penalty, as may
be described in guidelines prescribed by the commissioner, upon request
of the owner of such property.
e. As used in this section, the term "income-producing property" means
property owned for the purpose of securing an income from the property
itself, but shall not include property with an assessed value of forty
thousand dollars or less, or residential property containing ten or
fewer dwelling units or property classified in class one or two as
defined in article eighteen of the real property tax law containing six
or fewer dwelling units and one retail store.
f. Except in accordance with proper judicial order or as otherwise
provided by law, it shall be unlawful for the commissioner, any officer
or employee of the department, the president or a commissioner or
employee of the tax commission, any person engaged or retained by the
department or the tax commission on an independent contract basis, or
any person, who, pursuant to this section, is permitted to inspect any
income and expense statement or to whom a copy, an abstract or a portion
of any such statement is furnished, to divulge or make known in any
manner except as provided in this subdivision, the amount of income
and/or expense or any particulars set forth or disclosed in any such
statement required under this section. The commissioner, the president
of the tax commission, or any commissioner or officer or employee of the
department or the tax commission charged with the custody of such
statements shall not be required to produce any income and expense
statement or evidence of anything contained in them in any action or
proceeding in any court, except on behalf of the department or the tax
commission. Nothing herein shall be construed to prohibit the delivery
to an owner or his or her duly authorized representative of a certified
copy of any statement filed by such owner pursuant to this section or to
prohibit the publication of statistics so classified as to prevent the
identification of particular statements and the items thereof, or making
known aggregate income and expense information disclosed with respect to
property classified as class four as defined in article eighteen of the
real property tax law without identifying information about individual
leases, or making known a range as determined by the commissioner within
which the income and expenses of a property classified as class two
falls, or the inspection by the legal representatives of the department
or of the tax commission of the statement of any owner who shall bring
an action to correct the assessment. Any violation of the provisions of
this subdivision shall be punished by a fine not exceeding one thousand
dollars or by imprisonment not exceeding one year, or both, at the
discretion of the court, and if the offender be an officer or employee
of the department or the tax commission, the offender shall be dismissed
from office.
g. The commissioner shall be authorized to promulgate rules and
regulations necessary to effectuate the purposes of this section.
h. Subdivision f of this section shall be deemed a state statute for
purposes of paragraph (a) of subdivision two of section eighty-seven of
the public officers law.
Section 11-209
§ 11-209 Taxable status of building in course of construction. a. A
building, other than a commercial building, in the course of
construction, commenced since the preceding fifth day of January and not
ready for occupancy on the fifth day of January following, shall not be
assessed unless it shall be ready for occupancy or a part thereof shall
be occupied prior to the fifteenth day of April.
b. (1) A commercial building in the course of construction, commenced
since the fifth day of January one year preceding the taxable status
date and not ready for occupancy or partially occupied on the taxable
status date, shall not be assessed unless it shall be ready for
occupancy or a part thereof shall be occupied prior to the fifteenth day
of April following the taxable status date.
(2) A commercial building in the course of construction, commenced
since the fifth day of January two years preceding the taxable status
date and not ready for occupancy or partially occupied on the taxable
status date, shall not be assessed unless it shall be ready for
occupancy or a part thereof shall be occupied prior to the fifteenth day
of April following the taxable status date.
(3) A commercial building in the course of construction, commenced
since the fifth day of January three years preceding the taxable status
date and not ready for occupancy or partially occupied on the taxable
status date, shall not be assessed unless it shall be ready for
occupancy or a part thereof shall be occupied prior to the fifteenth day
of April following the taxable status date.
c. For purposes of this section, a "commercial building" shall mean a
building that is intended to be used, and upon completion is used,
exclusively for buying, selling or otherwise providing goods or
services, or for other lawful business, commercial or manufacturing
activities, excluding hotel services, except that a commercial building
may contain a residential component other than a hotel, provided (i)
that such residential component is receiving or has applied for and is
eligible to receive a partial exemption from real property taxes
pursuant to section four hundred twenty-one-a of the real property tax
law, or (ii) that such residential component in its entirety, both land
and building, is receiving or has applied for and is eligible to receive
a full exemption from real property taxes. Notwithstanding the foregoing
sentence, a "commercial building" shall not include any building that is
constructed on block 1049, lot 29 as shown on the tax map of the city of
New York for the borough of Manhattan as such map was in effect for the
assessment roll published in calendar year two thousand.
d. Subdivision b of this section shall not apply to a tax lot that
constitutes a part of a building unless the building viewed as a whole
is a commercial building as defined in subdivision c of this section.
e. Any building that receives the benefit conferred pursuant to
subdivision b of this section that is subsequently determined not to
have been a commercial building as defined in subdivision c of this
section for any year in which it received such benefit shall have its
assessment corrected for any such year. Taxes shall be imposed in the
amount that would have applied had the corrected taxable assessed value
appeared on the final assessment roll.
Section 11-210
§ 11-210 Books of annual record of assessed valuation of real estate
indicated by parcel numbers; form and contents. a. There shall be kept
in the several offices of the department of finance, books of the annual
record of the assessed valuation of real estate to be called "the annual
record of the assessed valuation of real estate indicated by parcel
numbers in the borough of.........", in which shall be entered in detail
the assessed valuation of each separately assessed parcel indicated by a
parcel number within the limits of the several boroughs.
b. The assessed valuation of each such parcel shall be set down in
such books in two columns. In the first column shall be stated, opposite
each such parcel, the sum for which such parcel would sell under
ordinary circumstances if wholly unimproved; and in the second column,
the sum for which such parcel would sell under ordinary circumstances
with the improvements, if any thereon.
c. Such books shall be prepared in such manner that the assessed
valuations entered therein shall be under sections and block headings as
may be most convenient for use in connection with the tax maps described
in section 11-203 of this chapter.
Section 11-211
§ 11-211 Books of annual record of assessed valuation of real estate
indicated by identification numbers. a. The assessed valuation of all
taxable real property indicated by identification numbers shall be
entered in the main office of the department of finance, and in the
branch office in the borough where the same is assessed.
b. The assessors in the districts in the several boroughs which may be
assigned to them for that purpose shall furnish to the commissioner of
finance at the main office of the department of finance, a detailed
statement under oath of the assessable real property indicated by an
identification number in such districts, and shall file a duplicate of
such statement in the branch office.
c. There shall be kept in the main office of the department of
finance, books of the annual record of the assessed valuation of real
estate to be known as "the annual record of the assessed valuation of
real estate indicated by identification numbers", in which shall be
entered the assessed valuations of the real property mentioned in this
section.
Section 11-212
§ 11-212 Power of the commissioner of finance to equalize assessments
before opening books. a. Before opening the several books of annual
record of assessed valuation for public inspection, the commissioner of
finance shall fix the valuations of property for the purpose of taxation
throughout the city at such sums as will, in the commissioner's
judgment, establish a just and equal relation between the valuations of
property in each borough and throughout the entire city.
b. To this end the assessors or other persons having charge of the
borough offices are required to transmit to the commissioner of finance
in each year a report of the assessed valuation of real property in the
several boroughs at such time prior to the fifteenth day of January as
such commissioner may prescribe.
Section 11-213
§ 11-213 Errors in annual records or assessment-rolls. The omission
from the several books of annual record of assessed valuations or from
the assessment-rolls in respect to the entry therein of the name of the
rightful owner or owners of real estate, whether individuals or
corporations, shall not invalidate any tax or assessment. In such case,
however, no tax shall be collected except from the real estate so
assessed.
Section 11-214
§ 11-214 Procedure on apportionment of assessment. a. The commissioner
of finance may apportion any assessment in such manner as he or she
shall deem just and equitable, and forthwith cause such assessment to be
cancelled and new assessments, equal in the aggregate to the cancelled
assessment, to be made on the proper books and rolls. Within five days
thereafter the commissioner of finance shall cause written notice of the
new assessments to be mailed to the owners of record of the real estate
so assessed at their last known residence or business address, and an
affidavit of the mailing of such notice to be filed in the main office
of the department of finance.
b. When such notice is mailed after the first day of February such
owners may apply for correction of such assessments within twenty days
after the mailing of such notice with the same force and effect as if
such application were made on or before the first day of March in such
year.
Section 11-215
§ 11-215 Entry of corrections made by tax commission. Upon receiving
notice of a correction of an assessment made by the tax commission, the
commissioner of finance shall cause the amount of the assessment as
corrected to be entered upon the proper books of annual record and the
assessment-rolls for the year for which such correction is made.
Section 11-216
§ 11-216 Reduction in assessments; publication. a. There shall be
published annually in the City Record a list of all reductions in real
property assessments granted by the tax commission identifying the name
of the property owner, the address and the amount of reduction.
b. No reduction shall be granted for an income-producing property
unless there is submitted to the tax commission a statement of income
and expenses in the form prescribed by the tax commission and which
shall be, in the case of property valued at one million dollars or more
certified by a certified public accountant. The commissioner granting
such reduction in assessment shall state in a short memorandum the basis
upon which the reduction is granted.
c. In all cases where the reduction in assessment for the current year
is for fifty thousand dollars or more, the concurrence of the president
of the tax commission shall be required.
Section 11-217
§ 11-217 Assessment-rolls; form and contents. Assessment-rolls shall
be so arranged with respect to number of columns and shall contain such
entries as the commissioner of finance shall prescribe, sufficient to
identify the property assessed and to show its total assessed valuation.
Real estate shall be described therein by the numbers by which such
property is designated on the tax maps and in the several books of the
annual record of the assessed valuation of real estate, and such numbers
shall import into the assessment-rolls any necessary identifying
description shown by the tax maps.
Section 11-218
§ 11-218 Assessment-rolls; delivery to council or city clerk. a. The
council shall meet at noon, on the day of delivery of the rolls, other
than a Saturday, Sunday, or legal holiday, at the city hall or usual
place of meeting for the purpose of receiving the assessment-rolls and
performing such other duties in relation thereto as are prescribed by
law.
b. If the council fails to meet as herein prescribed, the rolls shall
be delivered to the city clerk with the same effect as if delivered to
the council.
Section 11-219
§ 11-219 Books of annual record; delivery for publication. Within two
weeks after the delivery of the assessment-rolls to the council, the
commissioner of finance shall furnish to the director of the City Record
a copy of the several books of the annual record of the assessed
valuation of real estate, omitting, however, the two columns headed
respectively "size of house" and "houses on lot."
Section 11-220
§ 11-220 Council; date of meeting to fix tax rate. The council shall
meet on a day other than a Saturday, Sunday or legal holiday, to fix the
annual tax rate.
Section 11-221
§ 11-221 Extension of tax on assessment-rolls or upon assessment-roll
cards. The respective sums to be paid as taxes on the valuation of real
property, may be set down in the assessment-rolls, or upon
assessment-roll cards.
Section 11-222
§ 11-222 Tax account of the commissioner of finance. Upon notification
from the public advocate of the amount of taxes mentioned in such
assessment-rolls and tax warrants, the comptroller shall cause the
proper sum to be charged to the commissioner of finance for collection.
Section 11-223
§ 11-223 Apportionment of taxes. a. If a sum of money in gross has
been or shall be taxed upon any lands or premises, any person or persons
claiming any dividend or undivided part thereof may pay such part of
such sum so taxed and of any interest and charges due or charged
thereon, as the commissioner of finance may deem to be just and
equitable.
b. The commissioner of finance shall apportion the assessed valuation
of such lands or premises.
c. The remainder of the sum of money so taxed and the interest and
charges shall be a lien upon the residue of the land and premises only,
and the tax lien upon such residue may be sold to satisfy such tax,
interest or charges thereon, in the same manner as though the residue of
said tax had been imposed only upon such residue of such lands or
premises.
Section 11-224
§ 11-224 Interest on unpaid taxes. a. If any tax on real estate which
shall have become due and payable prior to January first, nineteen
hundred thirty-four, is unpaid in whole or in part, the commissioner of
finance shall charge, receive and collect interest upon the amount of
such tax or such part thereof, to be calculated to the date of payment
at the rate of seven per centum per annum from the date when such tax or
such part thereof became due and payable to January first, nineteen
hundred thirty-four, at the rate of ten per centum per annum from
January first, nineteen hundred thirty-four to May first, nineteen
hundred thirty-seven, or at the rate of seven per centum per annum for
such period if the comptroller and the commissioner of finance, in their
discretion, both determine that the payment of any tax arrears at such
reduced rate of interest may operate to save the property upon which
such taxes are in arrears from foreclosure or encourage its development
or is otherwise in the public interest, at the rate of seven per centum
per annum from May first, nineteen hundred thirty-seven to August first,
nineteen hundred sixty-nine, and from August first, nineteen hundred
sixty-nine to December thirty-first, nineteen hundred seventy-six, at
the rate of seven per centum per annum if the annual tax on a parcel is
two thousand dollars or less, and at the rate of one per centum per
month if the annual tax on a parcel is more than two thousand dollars
or, irrespective of the annual tax, if a parcel consists of vacant or
unimproved land, and from January first, nineteen hundred seventy-seven
at the rate of seven per centum per annum if the annual tax on a parcel
is two thousand dollars or less, and at the rate of fifteen per centum
per annum if the annual tax on a parcel is more than two thousand
dollars or, irrespective of the annual tax, if a parcel consists of
vacant or unimproved land.
b. If any tax on real estate which shall have become due and payable
after January first, nineteen hundred thirty-four and prior to April
first, nineteen hundred thirty-seven, is unpaid in whole or in part, the
commissioner of finance shall charge, receive and collect interest upon
the amount of such tax or such part thereof, to be calculated to the
date of payment at the rate of ten per centum per annum from the date on
which such tax or such part thereof became due and payable to May first,
nineteen hundred thirty-seven, or at the rate of seven per centum per
annum for such period if the comptroller and the commissioner of
finance, in their discretion, both determine that the payment of any tax
arrears at such reduced rate of interest may operate to save the
property upon which such taxes are in arrears from foreclosure or
encourage its development or is otherwise in the public interest, at the
rate of seven per centum per annum from May first, nineteen hundred
thirty-seven to August first, nineteen hundred sixty-nine, from August
first, nineteen hundred sixty-nine to December thirty-first, nineteen
hundred seventy-six, at the rate of seven per centum per annum if the
annual tax on a parcel is two thousand dollars or less, and at the rate
of one per centum per month if the annual tax on a parcel is more than
two thousand dollars or, irrespective of the annual tax, if a parcel
consists of vacant or unimproved land, and from January first, nineteen
hundred seventy-seven, at the rate of seven per centum per annum if the
annual tax on a parcel is two thousand dollars or less, and at the rate
of fifteen per centum per annum if the annual tax on a parcel is more
than two thousand dollars or, irrespective of the annual tax, if a
parcel consists of vacant or unimproved land.
c. If any tax on real estate which shall have become due and payable
on or after April first, nineteen hundred thirty-seven and prior to
August first, nineteen hundred sixty-nine is unpaid in whole or in part,
the commissioner of finance shall charge, receive and collect interest
upon the amount of such tax or such part thereof, to be calculated to
the date of payment at the rate of seven per centum per annum from the
day on which such tax or such part thereof became due and payable to
August first, nineteen hundred sixty-nine, from August first, nineteen
hundred sixty-nine to December thirty-first, nineteen hundred
seventy-six, at the rate of seven per centum per annum if the annual tax
on a parcel is two thousand dollars or less, and at the rate of one per
centum per month if the annual tax on a parcel is more than two thousand
dollars or, irrespective of the annual tax, if a parcel consists of
vacant or unimproved land, and from January first, nineteen hundred
seventy-seven at the rate of seven per centum per annum if the annual
tax on a parcel is two thousand dollars or less, and at the rate of
fifteen per centum per annum if the annual tax on a parcel is more than
two thousand dollars or, irrespective of the annual tax, if a parcel
consists of vacant or unimproved land.
d. If any tax on real estate which shall have become due and payable
on or after August first, nineteen hundred sixty-nine and prior to
December thirty-first, nineteen hundred seventy-six, is unpaid in whole
or in part, the commissioner of finance shall charge, receive and
collect interest upon the amount of such tax or such part thereof, to be
calculated from the date on which such tax or such part thereof became
due and payable to December thirty-first, nineteen hundred seventy-six,
at the rate of seven per centum per annum if the annual tax on a parcel
is two thousand dollars or less, and at the rate of one per centum per
month if the annual tax on a parcel is more than two thousand dollars
or, irrespective of the annual tax, if a parcel consists of vacant or
unimproved land, and from January first, nineteen hundred seventy-seven
at the rate of seven per centum per annum if the annual tax on a parcel
is two thousand dollars or less, and at the rate of fifteen per centum
per annum if the annual tax on a parcel is more than two thousand
dollars or, irrespective of the annual tax, if a parcel consists of
vacant or unimproved land.
e. If any tax on real estate which shall become due and payable at any
time on or after January first, nineteen hundred seventy-seven, shall
remain unpaid in whole or in part on the fifteenth day following the
date on which the same shall become due and payable, the commissioner of
finance shall charge, receive and collect interest upon the amount of
such tax or such part thereof remaining unpaid on that date, to be
calculated from the day on which such tax or such part thereof became
due and payable to the date of payment at the rate of seven per centum
per annum if the annual tax on a parcel is two thousand dollars or less,
and at the rate of fifteen per centum per annum if the annual tax on a
parcel is more than two thousand dollars or, irrespective of the annual
tax, if a parcel consists of vacant or unimproved land.
f. If any tax on real estate which shall become due and payable at any
time on or after July first, nineteen hundred seventy-nine, shall remain
unpaid in whole or in part on the fifteenth day following the date on
which the same shall become due and payable, or if any tax on real
estate which became due and payable prior to July first, nineteen
hundred seventy-nine shall remain unpaid on that date, the commissioner
of finance shall charge, receive and collect interest upon the amount of
such tax or such part thereof remaining unpaid, to be calculated, in the
case of any tax which shall become due and payable on or after July
first, nineteen hundred seventy-nine, from the day on which such tax or
such part thereof became due and payable, and in the case of any tax
which became due and payable prior to July first, nineteen hundred
seventy-nine, from July first, nineteen hundred seventy-nine, to the
date of payment at the rate of seven per centum per annum if the annual
tax on a parcel is two thousand seven hundred fifty dollars or less, and
at the rate of fifteen per centum per annum if the annual tax on a
parcel is more than two thousand seven hundred fifty dollars or,
irrespective of the annual tax, if a parcel consists of vacant or
unimproved land. Any interest accrued prior to July first, nineteen
hundred seventy-nine, pursuant to the preceding subdivisions of this
section shall be unaffected by the provisions of this subdivision.
g. No later than the twenty-fifth day of May of each year, the banking
commission shall transmit a written recommendation to the council of a
proposed interest rate to be charged for nonpayment of taxes on real
estate in those cases where the annual tax on a parcel is more than two
thousand seven hundred fifty dollars or where, irrespective of the
annual tax, a parcel consists of vacant or unimproved land. In making
such recommendations the commission shall consider the prevailing
interest rates charged for commercial loans extended to prime borrowers
by commercial banks operating in the city and shall propose a rate of at
least six per centum per annum greater than such rates. The council may
by resolution adopt an interest rate to be applicable to the
aforementioned parcels and may specify in such resolution the date on
which such interest rate is to take effect. This subdivision shall not
apply to any fiscal year beginning on or after July first, two thousand
five.
h. Notwithstanding anything to the contrary contained in the
recommendation transmitted by the banking commission to the city council
relative to the proposed rate of interest to be charged during the
fiscal year of the city commencing July first, nineteen hundred
seventy-nine in the case of nonpayment of real estate taxes, or
contained in the resolution adopted by the council in accordance with
such recommendation, the council hereby sets the interest rate to be
charged during the fiscal year of the city commencing July first,
nineteen hundred seventy-nine for nonpayment of real estate taxes at
eighteen per centum per annum where the annual tax on a parcel is more
than two thousand seven hundred fifty dollars or where the parcel
consists of vacant or unimproved land.
i. The interest mentioned in the foregoing subdivisions of this
section shall be paid over and accounted for from time to time by such
commissioner of finance as a part of the tax collected by him or her.
j. When an installment agreement has been entered into pursuant to any
of the provisions of chapter four of this title, during the period
beginning on the date this subdivision takes effect and ending April
thirtieth, nineteen hundred eighty-two, the commissioner of finance
shall, notwithstanding any higher rate of interest prescribed pursuant
to applicable law, and unless a lower rate of interest is applicable to
a parcel covered by such an agreement, charge, collect and receive
interest on the arrears due and payable under such agreement, to be
calculated at the rate of ten percent per annum from May first, nineteen
hundred eighty-two to the date of payment of each installment. Any
interest accrued or accruing prior to May first, nineteen hundred
eighty-two shall not be affected by the provisions of this subdivision
but shall be charged, collected and received in the manner and at the
rates prescribed pursuant to applicable law. Such ten percent rate of
interest shall be applicable only if, as of May first, nineteen hundred
eighty-two, (i) there has been no default in such agreement, and (ii)
all current taxes, assessments or other legal charges are paid as they
become due or within the period of grace provided by law. Where an
installment agreement has been entered into prior to May fifth, nineteen
hundred eighty-two pursuant to the provisions of either paragraph three
of subdivision a of section 11-413 prior to March fourteenth, nineteen
hundred seventy-nine or of subdivision a of section 11-405 or
subdivision h of section 11-409 of chapter four of this title and said
agreement is current as to both installment payments and current taxes,
assessments and other legal charges, the commissioner of finance, on
application of the party who entered into such agreement, may cancel
said agreement and enter into a new agreement containing the terms
provided on May fifth, nineteen hundred eighty-two. If any such prior
agreement is not cancelled as herein provided, any installments due and
payable under such agreement on or after May first, nineteen hundred
eighty-two shall be subject to interest at the rate and under the
conditions set forth above. In the event of any subsequent default or
failure to make timely payment of any installment payment or current
tax, assessment or other legal charge, the ten percent rate of interest
specified in this subdivision shall thereupon cease to be applicable and
the commissioner of finance shall thereafter charge, collect and receive
interest in the manner and at the rates prescribed pursuant to
applicable law.
k. 1. Notwithstanding any other provision of this section to the
contrary, but subject to the exception contained in paragraph two of
this subdivision, in the case of an installment of tax on real property
described in paragraph b of subdivision four of section fifteen hundred
nineteen of the city charter, interest shall be charged, received and
collected at the rate established pursuant to this section if such
installment shall remain unpaid in whole or in part on the date on which
it shall become due and payable. This paragraph shall not apply to any
installment of tax that becomes due and payable on or after July first,
two thousand five.
2. If the tax rate for any fiscal year of the city has not been set by
the fifteenth day of June preceding the start of such fiscal year,
interest shall not be charged, received and collected with respect to
the first installment of tax which is due and payable on the first day
of July in such fiscal year if such installment is paid on or before the
extended payment date. For this purpose, the term "extended payment
date" means the date which falls the same number of days after the first
day of July in such fiscal year as the number of days the date such tax
rate is set falls after such fifteenth day of June. This paragraph shall
not apply to any installment of tax that becomes due and payable on or
after July first, two thousand five.
l. No later than the fifth day following the date of enactment of this
subdivision in the year nineteen hundred ninety and no later than May
twenty-fifth of each succeeding year, the banking commission shall
transmit a written recommendation to the council of proposed interest
rates to be charged for nonpayment of taxes on real property in those
cases in which the annual tax on a parcel, other than a parcel which
consists of vacant or unimproved land, is not more than two thousand
seven hundred fifty dollars. In making such recommendations, the banking
commission shall consider the prevailing interest rates charged for
commercial loans extended to prime borrowers by commercial banks
operating in the city. In the case of any such parcel with respect to
which the real property taxes are held in escrow and paid to the
commissioner of finance by a "mortgage escrow agent," as that term is
defined in section fifteen hundred nineteen of the city charter, the
proposed rate shall be at least six percent per annum greater than such
prevailing prime rate, and in the case of all other such parcels, the
proposed rate shall be at least equal to such prevailing prime rate. The
council may by resolution adopt interest rates to be applicable to the
aforementioned parcels and may specify in such resolution the dates on
which such interest rates are to take effect. In the event the council
does not adopt interest rates as provided in this subdivision, the
interest rates otherwise specified in this section shall be applicable.
This subdivision shall not apply to any fiscal year beginning on or
after July first, two thousand five.
Section 11-224.1
§ 11-224.1 Interest on unpaid real property tax.
(a) For real property with an assessed value of two hundred fifty
thousand dollars or less, if an installment of tax due and payable is
not paid by July fifteenth, October fifteenth, January fifteenth or
April fifteenth, interest shall be imposed on such unpaid amounts.
(b) For real property with an assessed value of over two hundred fifty
thousand dollars, if an installment of tax due and payable is not paid
by July first or January first, interest shall be imposed on such unpaid
amounts.
(c) Interest rates on tax due and payable on or after July first, two
thousand five.
If the council does not adopt interest rates, the rates shall be (a)
for real property with an assessed value of two hundred fifty thousand
dollars or less, seven percent per annum; and (b) for real property with
an assessed value of over two hundred fifty thousand dollars, fifteen
percent per annum.
(d) (i) Any tax or part of a tax that became due before July first,
two thousand five and remains unpaid after June thirtieth, two thousand
five, shall continue to accrue interest until paid at the rate
applicable under this section.
(ii) This section shall not apply to interest accrued before July
first, two thousand five.
(e) Council adopted rates. By May twenty-fifth of each year, the
banking commission shall send a written recommendation to the council of
a proposed interest rate to be charged for nonpayment of taxes on real
property. The commission shall consider the prevailing interest rates
charged for commercial loans extended to prime borrowers by commercial
banks operating in the city and:
(i) for real property with an assessed value of two hundred fifty
thousand dollars or less, shall propose a rate at least equal to such
prevailing prime rate;
(ii) for real property with an assessed value of over two hundred
fifty thousand dollars, shall propose a rate of at least six percent per
annum greater than such prevailing prime rate.
The council may by resolution adopt interest rates to be applicable to
the aforementioned properties and may specify in such resolution the
date that such rates will take effect.
(f) If the tax rate for any fiscal year of the city is not set by the
fifteenth of June preceding the start of such fiscal year, interest
shall not be charged for the first installment of tax which is due on
the first day of July in such fiscal year if such installment is paid on
or before the extended payment date. For this purpose, the term
"extended payment date" means the date which falls the same number of
days after the first day of July in such fiscal year as the number of
days the date such tax rate is set falls after such fifteenth day of
June.
(g) For purposes of this section, property held in the cooperative
form of ownership shall not be deemed to have an assessed value of over
two hundred fifty thousand dollars if the property's assessed value
divided by the number of residential dwelling units is two hundred fifty
thousand dollars or less per unit.
Section 11-225
§ 11-225 Power of tax commission to remit or reduce taxes. The tax
commission shall have power to remit or reduce a tax imposed upon real
property where lawful cause therefor is shown or where such tax is found
to be excessive or otherwise erroneous, but such remission or reduction
shall be made only with respect to an assessment for which an
application for correction has been made pursuant to section one hundred
sixty-three of the charter, and no such remission or reduction shall be
made when a claim to correct the assessment or recover the tax would be
barred by passage of time or other adequate defense, or when, at the
time that the determination is rendered, applications for correction or
other proceedings are pending to review the assessment of such property
for more than one subsequent fiscal year. Notwithstanding the foregoing
provisions of this section, the tax commission shall have no power to
remit or reduce a tax pursuant to this section more than five years
after the last day on which an application for correction could have
been filed to appeal the unlawful or erroneous assessment upon which
such tax was based. If such tax shall have been paid the commissioner of
finance is authorized to refund or credit the amount of any such
remission or reduction granted pursuant to this section. When the
correction results from an application for correction made by the board
of managers of a condominium, a refund may be paid to the board of
managers for distribution to the individual unit owners with the consent
of such board and on such conditions as the commissioner deems
appropriate.
Section 11-226
§ 11-226 Special right of entry; certificate of president. A right of
entry upon real property and into buildings and structures at all
reasonable times to ascertain the character of the property shall not be
allowed to any person acting in behalf of the tax commission, other than
the officials mentioned in sections one hundred fifty-six and fifteen
hundred twenty-one of the charter, unless a certificate therefor,
executed in writing and signed by the president of the tax commission,
is presented by such person to the owner, lessee or occupant of the
premises or his agent before entry thereon is made.
Section 11-227
§ 11-227 Duties of authorized employees in examining applicants. a.
Employees of the tax commission, when authorized to take testimony on
application, shall reduce such testimony to writing.
b. Within ten days after the evidence on any application is taken,
they shall transmit the application and testimony so taken, with their
recommendation, to the tax commission at its main office or such other
office as the commission may prescribe.
Section 11-228
§ 11-228 Testimony taken on application to constitute part of record.
All written testimony taken by the tax commission, by a commissioner, or
by an employee of the commission authorized to take testimony on
applications, shall constitute part of the record of the proceedings
upon any assessment.
Section 11-229
§ 11-229 Solicitation of retainers prohibited. It shall be unlawful
for any person or his or her or its agents or employee, or any person
acting on his or her or its behalf, to solicit, or procure through
solicitation, either directly or indirectly, any retainer or agreement:
(a) Authorizing such person, or his or her or its agent, employee or
any person acting on his or her or its behalf, to make application to
the commissioner of finance or tax commission for the correction of a
tentative or final assessed valuation of real property on behalf of an
owner of such property or other person claiming to be aggrieved, or
(b) Authorizing such person, or his or her or its agent, employee or
any person acting on his or her or its behalf, to appear for such
purpose or represent such owner or aggrieved person before such
commission or a commissioner or any other officer or employee authorized
by law to act upon such application, examine applicants, take testimony,
make or recommend the making of a correction of any such assessed
valuation, or take any other official action in relation to any such
correction. Any violation of this section shall be a misdemeanor.
Section 11-230
§ 11-230 Issuance of final determination; limitation of time. Except
as otherwise provided in section one hundred sixty-five of the charter,
the final determination of the tax commission upon any application for
the correction of an assessment and upon the evidence taken thereunder
shall, where the evidence is taken by the commission or by a
commissioner, be rendered within thirty days after the hearing of such
application is closed. Where the evidence is taken by an employee of the
tax commission authorized to take testimony on applications, the final
determination shall be rendered within thirty days after the application
and the testimony hereon shall have been filed with the commission at
its main office.
Immediately upon making a correction of an assessment, the tax
commission shall notify the commissioner of finance thereof.
Section 11-231
§ 11-231 Proceeding to review tax assessment; contents of petition. a.
Any person or corporation claiming to be aggrieved by the assessed
valuation of real property may commence a proceeding to review or
correct on the merits a final determination of the tax commission by
serving on the president of the tax commission, or his or her duly
authorized agent, a copy of a verified petition as prescribed by law. No
such petition shall be accepted unless, prior to the service thereof, an
index number has been obtained from the clerk of the county in which the
property is located. Within ten days after a proceeding has been
commenced as hereinbefore provided, the original verified petition with
proof of service shall be filed in the office of the clerk of the court
in which the proceeding is to be heard.
b. Such review shall be allowed only on one or more of the following
grounds, which must be specified in such petition:
1. That the assessment is illegal, and stating the particulars of the
alleged illegality, or
2. That the assessment is erroneous by reason of over-valuation, or
3. That the assessment is erroneous by reason of inequality, in that
it has been made at a higher proportionate valuation than the assessment
of other real property on the assessment rolls of the city for the same
year, and for assessments made after December thirty-first, nineteen
hundred eighty-one, other real property within the same class as defined
in section eighteen hundred two of the real property tax law, specifying
the instances in which such inequality exists and the extent thereof,
and stating that the petitioner is or will be injured thereby, or
4. That the real property is misclassified, and stating the class in
which it is claimed the property should be classified.
c. The proceeding shall be maintained against the tax commission
either by naming the president and the commissioners of the tax
commission individually, or by naming the tax commission of the city of
New York generally.
d. Such proceeding to review and all proceedings thereunder shall be
brought at a special term of the supreme court in the judicial district
where the real property so assessed is situated.
e. The justice or referee before whom such proceeding shall be heard
may inspect the real property which is the subject of the proceeding.
Section 11-232
§ 11-232 Comptroller; rates of interest on taxes and assessments. The
comptroller shall not reduce the rate of interest upon any taxes or
assessments below the amount fixed by law.
Section 11-233
§ 11-233 Cancellation of unpaid taxes. When it shall appear to the
comptroller that the unpaid taxes or assessments, or both, together with
the interest and penalties thereon which may have been levied upon a
parcel of real estate subject to easements which were in existence prior
to the levying of such taxes or assessments, equal or exceed the sum for
which, under ordinary circumstances, such parcel of real estate would
sell subject to such easements, the comptroller, with the written
approval of the corporation counsel, may settle and adjust such unpaid
taxes or assessments, or both, with the interest and penalties thereon,
and when it shall appear to the comptroller that such parcel of real
estate would sell under ordinary circumstances subject to such easements
for only a nominal sum, then the comptroller with the written approval
of the corporation counsel may cancel such unpaid taxes and assessments
together with the interest and penalties thereon.
Section 11-234
§ 11-234 Cancellation of taxes and assessments in Queens county. The
comptroller, with the written consent of the corporation counsel, is
authorized, on application being made by any person interested, to
compromise and settle claims of the city for unpaid taxes and
assessments, and sales for the same, within the territory formerly
comprised within the boundaries of Queens county, now borough of Queens,
as were imposed, confirmed, levied, or became liens upon the lands in
the county of Queens, now borough of Queens, prior to January first,
eighteen hundred ninety-eight.
Section 11-235
§ 11-235 Board of estimate; power to cancel taxes, assessments and
water rents. The board of estimate, upon the written certificate of the
comptroller approving the same, with whom application for relief under
this section shall be filed, in its discretion and upon such terms as it
may deem proper, by a unanimous vote, may cancel and annul all taxes,
assessments and water rents and sales to the city of any or all of the
same which now are or may hereafter become a lien against any real
estate owned by any corporation, entitled to exemption of such real
estate owned by it from local taxation under the provisions of the real
property tax law formerly contained in article one, section four,
subdivision six of the tax law, provided that all taxes and water rents
from which relief is asked be apportioned as of the date such
corporation took title to such real estate, and that such taxes and
water rents so apportioned to the period before such date, and all
assessments which became a lien before such date, be paid. The
commissioner of finance shall mark the city's books and rolls of taxes,
assessments and water rents in accordance with the determination of the
board of estimate in every case in which action shall be taken under the
provisions of this section.
Section 11-236
§ 11-236 Powers of board of estimate to cancel taxes, water rents and
assessments. The council by local law may authorize the board of
estimate, by unanimous vote, upon the written consent of the
comptroller, to cancel and annul any taxes, water rents and assessments
constituting a lien against any real property owned by a corporation
whose property is exempt from taxation under the provisions of the real
property tax law, notwithstanding that such taxes, water rents or
assessments shall have become a lien against such real property while
owned by a person or corporation not exempt under such section. The
commissioner of finance shall mark the city's books and rolls of taxes
and assessments in accordance with the determination of the board of
estimate under such local law.
Section 11-237
§ 11-237 Cancellation of assessments, water and sewer rents on real
property acquired by tax enforcement foreclosure proceedings. Upon the
cancellation of unpaid assessments, water and sewer rents by the city
collector pursuant to section 11-353 of this title, the comptroller
shall charge the unpaid amounts for assessments for local improvements,
so cancelled, to the surplus in the appropriate assessment fund; the
unpaid amounts for water charges, meter setting and repair, meter
glasses and sewer rents, so cancelled, shall be deducted from the
accounts receivable of the appropriate fund.
Section 11-238
§ 11-238 Real property tax surcharge on absentee landlords. a.
Imposition of surcharge. A real property tax surcharge is hereby imposed
on class one property, as defined in section eighteen hundred two of the
real property tax law, excluding vacant land, that provides rental
income and is not the primary residence of the owner or owners of such
class one property, or the primary residence of the parent or child of
such owner or owners, in an amount equal to zero percent of the net real
property taxes for fiscal years beginning on or after July first, two
thousand six. As used in this section, "net real property tax" means the
real property tax assessed on class one property after deduction for any
exemption or abatement received pursuant to the real property tax law or
this title.
b. Rental income, primary residence and/or relationship to owner or
owners. The property shall be deemed to be the primary residence of the
owner or owners thereof, if such property would be eligible to receive
the real property tax exemption pursuant to section four hundred
twenty-five of the real property tax law, regardless of whether such
owner or owners has filed an application for, or the property is
currently receiving, such exemption. Proof of primary residence and the
resident's or residents' relationship to the owner or owners and the
absence of rental income shall be in the form of a certification as
required by the rules of the commissioner.
c. Rules. The department of finance shall have, in addition to any
other functions, powers and duties which have been or may be conferred
on it by law, the power to make and promulgate rules to carry out the
purposes of this section, including, but not limited to, rules related
to the timing, form and manner of any certification required to be
submitted under this section.
d. Penalties. 1. Notwithstanding any provision of any general, special
or local law to the contrary, an owner or owners shall be personally
liable for any taxes owed pursuant to this section whenever such owner
or owners fail to comply with this section or the rules promulgated
hereunder, or makes a false or misleading statement or omission and the
commissioner determines that such act was due to the owner or owners'
willful neglect, or that under such circumstances such act constituted a
fraud on the department. The remedy provided herein for an action in
personam shall be in addition to any other remedy or procedure for the
enforcement of collection of delinquent taxes provided by general,
special or local law.
2. If the commissioner should determine, within three years from the
filing of an application or certification pursuant to this section, that
there was a material misstatement on such application or certification,
he or she shall impose a penalty tax against the property of five
hundred dollars, in accordance with the rules promulgated hereunder.
e. Cessation of use. In the event that a property granted an exemption
from taxation pursuant to this section ceases to be used as the primary
residence of such owner or owners or his, her or their parent or child,
or produces rental income, such owner or owners shall so notify the
commissioner.
Section 11-239.
§ 11-239. Real property tax rebate for certain residential property.
1. For fiscal years beginning the first of July, two thousand three and
ending the thirtieth of June, two thousand nine, a rebate in the amount
of the lesser of four hundred dollars or the annual tax liability
imposed on the property shall be paid to an owner or tenant-stockholder
who, as of the date the application provided for in subdivision four of
this section is due, owns a one, two or three family residence or a
dwelling unit in residential property held in the condominium or
cooperative form of ownership that is the owner or tenant-stockholder's
primary residence and meets all other eligibility requirements of this
section. If, with respect to the fiscal year beginning on the first of
July, two thousand eight and ending on the thirtieth of June, two
thousand nine, an increase in average real property tax rates would
otherwise be necessary in the resolution of the city council fixing real
property tax rates for such fiscal year pursuant to the charter, then
the rebate to be paid for such fiscal year shall be reduced or
eliminated as follows: where the sum to be raised by such increase is
less than seven hundred fifty million dollars, then such rebate shall be
reduced by fifty cents for each dollar of increase, and where the sum to
be raised by such increase is seven hundred fifty million dollars or
more, then such rebate shall be eliminated. Notwithstanding anything to
the contrary in sections four hundred twenty-one-a, four hundred
twenty-one-b or four hundred twenty-one-g of the real property tax law,
an owner or tenant-stockholder whose property is receiving benefits
pursuant to such sections shall not be prohibited from receiving a
rebate pursuant to this section if such owner or tenant-stockholder is
otherwise eligible to receive such rebate. Tenant-stockholders of
dwelling units in a cooperative apartment corporation incorporated as a
mutual company pursuant to article two, four, five or eleven of the
private housing finance law shall not be entitled to the rebate
authorized by this section. Such rebate shall be paid by the
commissioner of finance to eligible owners or tenant-stockholders in
accordance with rules promulgated by the commissioner of finance.
2. Eligibility requirements. a. To qualify for the rebate pursuant to
this section (1) the property must be a one, two or three family
residence or residential property held in the condominium or cooperative
form of ownership;
(2) the property must serve as the primary residence of one or more of
the owners or tenant-stockholders thereof; and
(3) the owner must not be in arrears in the payment of real property
taxes in an amount in excess of twenty-five dollars for the fiscal year
for which the rebate is claimed and all prior fiscal years, and for
residential property held in the cooperative form of ownership, there
must be no arrears in the payment of real property taxes in an amount in
excess of an average of twenty-five dollars per dwelling unit in such
cooperative apartment corporation for the fiscal year for which the
rebate is claimed and all prior fiscal years.
b. If legal title to the property is held by one or more trustees, the
beneficial owner or owners shall be deemed to own the property for
purposes of this subdivision.
3. Definitions. As used in this section:
a. "Applicant" means the owner or owners or tenant-stockholder or
tenant-stockholders of the property.
b. "Property" means a one, two or three family residence or a dwelling
unit in residential property held in the condominium or cooperative form
of ownership.
4. Application procedure. a. Generally. An application for a rebate
pursuant to this section for the fiscal year beginning the first of
July, two thousand three, shall be made no later than the date published
by the commissioner of finance in the city record and in other
appropriate general notices pursuant to this subdivision, which date
shall be no earlier than thirty days after enactment of a state law
authorizing such rebate. An application for a rebate pursuant to this
section for fiscal years beginning on or after the first of July, two
thousand four and ending on the thirtieth of June, two thousand six,
shall be made no later than the fifteenth of March of the fiscal year
for which the rebate is claimed. An application for a rebate pursuant to
this section for fiscal years beginning on or after the first of July,
two thousand six, shall be made no later than the first of September
following the fiscal year for which the rebate is claimed. All owners or
tenant-stockholders of property who primarily reside thereon must
jointly file an application for the rebate on or before the application
deadline, unless such owners or tenant-stockholders currently receive a
real property tax exemption pursuant to section four hundred
twenty-five, four hundred fifty-eight, four hundred fifty-eight-a, four
hundred fifty nine-c or four hundred sixty-seven of the real property
tax law, in which case no separate application for a rebate pursuant to
this section shall be required. Such application may be filed by mail if
it is enclosed in a postpaid envelope properly addressed to the
commissioner of finance, deposited in a post office or official
depository under the exclusive care of the United States postal service,
and postmarked by the United States postal service on or before the
application deadline. Each such application shall be made on a form
prescribed by the commissioner of finance, which shall require the
applicant to agree to notify the commissioner of finance if his, her or
their primary residence changes after receiving the rebate pursuant to
this section, or after filing an application for such rebate, if his,
her or their primary residence changes after filing such application,
but before receiving such rebate. The commissioner of finance may
request that proof of primary residence be submitted with the
application. No rebate pursuant to this section shall be granted unless
the applicant, if required to do so by this subdivision, files an
application within the time periods prescribed in this subdivision.
b. Approval or denial of application. If the commissioner of finance
determines that the applicant is entitled to the rebate pursuant to this
section, the commissioner of finance shall approve the application and
such owner or tenant-stockholder shall thereafter be entitled to the
rebate as provided in this section. If the commissioner of finance
determines that the applicant is not entitled to the rebate pursuant to
this section, the commissioner of finance shall mail to each applicant
not entitled to the rebate a notice of denial of that application for
the rebate for that year in accordance with rules for denial of
applications to be promulgated by the commissioner of finance. The
notice of denial shall specify the reason for such denial and shall be
sent on a form prescribed by the commissioner of finance. Failure to
mail any such notice of denial or the failure of any applicant to
receive such notice shall not prevent the levy, collection and
enforcement of taxes on such applicant's property.
c. Proof of residency. (1) Requests. From time to time, the
commissioner of finance may request proof of residency from the owner or
tenant-stockholder receiving a rebate pursuant to this section.
(2) Timing. A request for proof of residency shall be mailed at least
sixty days prior to the ensuing application deadline. The owner or
tenant-stockholder shall submit proof of his, her or their residency in
an application to the commissioner of finance on or before the
application deadline.
d. Review of submission. The burden shall be on the applicant to
establish that the property is his, her or their primary residence and
that any other requirements to obtain the rebate are satisfied. If the
applicant submits proof of residency on or before the application
deadline, and the submission demonstrates to the commissioner of
finance's satisfaction that the property is the primary residence of the
applicant, and if the requirements of this section are otherwise
satisfied, the rebate shall be paid. Otherwise, the commissioner of
finance shall discontinue the rebate and, where appropriate, shall
proceed as further provided herein.
e. Oath. The commissioner of finance shall have the authority to
require that statements made in connection with any application filed
pursuant to this section be made under oath. Such application shall
contain the following declaration: "I certify that all information
contained in this application is true and correct to the best of my
knowledge and belief. I understand that willful making of any false
statement of material fact herein will subject me to the provisions of
law relevant to the making and filing of false instruments and will
render this application null and void." Such application shall also
state that the applicant agrees to comply with and be subject to the
rules promulgated from time to time by the commissioner of finance
pursuant to this section.
5. Discontinuance of rebate. a. Generally. The commissioner of finance
shall discontinue any rebate paid or granted pursuant to this section if
it appears that: (1) the property may not be the primary residence of
the owner or tenant-stockholder who received or applied for the rebate,
(2) title to the property has been transferred to a new owner or
tenant-stockholder, or (3) the property is otherwise no longer eligible
for the rebate. For the purposes of this section, title to that portion
of real property owned by a cooperative apartment corporation in which a
tenant-stockholder of such corporation resides, and which is represented
by his or her share or shares of stock in such corporation as determined
by its or their proportional relationship to the total outstanding stock
of the corporation, including that owned by the corporation, shall be
deemed to be vested in such tenant-stockholder.
b. Rights of owners and tenant-stockholders. Upon determining that a
rebate paid or granted pursuant to this section should be discontinued,
the commissioner of finance shall mail a notice so stating to the
affected owner or tenant-stockholder at the time and in the manner to be
provided in rules promulgated by the commissioner of finance. Such owner
or tenant-stockholder shall be entitled to seek administrative and
judicial review of such action in the manner provided by law, provided,
that the burden shall be on the owner or tenant-stockholder to establish
eligibility for the rebate.
6. Recovery of prior rebate. If the commissioner of finance determines
that the owner or tenant-stockholder was (a) not entitled to a rebate
under this section, or (b) that a rebate was paid or calculated in error
under this section, then the commissioner of finance shall recover or
recalculate such rebate and the amount of the rebate or an amount equal
to the difference between the rebate originally paid and the amount to
which the owner or tenant-stockholder was entitled shall be deducted
from any refund otherwise payable, and any balance of such amount
remaining unpaid shall be paid to the commissioner of finance within
thirty days from the date of mailing by the commissioner of finance of a
notice of the amount payable. Such amount payable shall constitute a tax
lien on the property as of the date of such notice and, if not paid
within such thirty-day period, penalty and interest at the rate
applicable to delinquent taxes on such property shall be charged and
collected on such amount from the date of such notice to the day of
payment, and such amount payable shall be enforceable as a tax lien in
accordance with provisions of law relating to the enforcement of tax
liens in any such city.
7. Penalty for material misstatements. a. Generally. If the
commissioner of finance determines, within three years from the payment
of a rebate pursuant to this section, that there was a material
misstatement in an application filed pursuant to this section or in an
application filed pursuant to section four hundred twenty-five of the
real property tax law and that such misstatement provided the basis for
the payment of a rebate under this section, the commissioner of finance
shall proceed to impose a penalty tax against the property of one
thousand dollars in addition to recovering the amount of any prior
rebate under subdivision six of this section. An application shall be
deemed to contain a material misstatement for this purpose when either:
(1) the applicant claimed the property was his, her or their primary
residence, when it was not;
(2) the applicant claimed the property was eligible for a rebate
pursuant to this section, when it was not; or
(3) the applicant claimed that the applicant owned the property, when
the applicant did not.
b. Procedure. When the commissioner of finance determines that a
penalty tax should be imposed, the penalty tax shall be entered on the
next ensuing tentative or final assessment roll. Each owner or
tenant-stockholder shall be given notice of the possible imposition of a
penalty tax, and shall be entitled to seek administrative and judicial
review of such action in the manner provided by law.
c. Additional consequences. A penalty tax may be imposed pursuant to
this subdivision whether or not the improper rebate has been revoked in
the manner provided for by this section.
8. Rulemaking. The commissioner of finance shall be authorized to
promulgate rules necessary to effectuate the purposes of this section.
9. Non-disclosure. The information contained in applications or
statements in connection therewith filed with the commissioner of
finance pursuant to subdivision four of this section shall not be
subject to disclosure under article six of the public officers law.
Section 11-240
§ 11-240 Rebate for owners of certain real property seriously damaged
by the severe storm that occurred on the twenty-ninth and thirtieth of
October, two thousand twelve.
1. Generally. Notwithstanding any provision of any general, special or
local law to the contrary, for the fiscal year beginning on the first of
July, two thousand twelve, a rebate of real property taxes in the amount
provided in this section shall be paid by the commissioner of finance to
an owner who owned eligible real property as defined in subdivision
three of this section or a unit in such eligible real property on the
thirtieth of October, two thousand twelve. If legal title to eligible
real property, or ownership of shares of stock representing a dwelling
unit, is held by one or more trustees, the beneficial owner or owners
shall be deemed to own the property or dwelling unit for purposes of
this section. Notwithstanding any provision of article four of the real
property tax law to the contrary, an owner whose property is receiving
benefits pursuant to any other section of article four of the real
property tax law shall not be prohibited from receiving a rebate
pursuant to this section if such owner is otherwise eligible to receive
such rebate.
2. Definitions. As used in this section:
a. "Annual tax" means the amount of real property tax that is imposed
on a property for the fiscal year beginning on the first of July, two
thousand twelve, determined after reduction for any amount from which
the property is exempt, or which is abated, pursuant to applicable law.
b. "Assessed valuation" means the assessed valuation of real property
that was used to determine the annual tax as defined in paragraph a of
this subdivision, and which is not reduced by any exemption from real
property taxes. For real property classified as class two or class four
real property as defined in subdivision one of section eighteen hundred
two of the real property tax law to which subdivision three of section
eighteen hundred five of the real property tax law applies, the assessed
valuation is the lower of the assessed valuation and transitional
assessed valuation as provided in subdivision three of section eighteen
hundred five of the real property tax law, and which is not reduced by
any exemption from real property taxes.
c. "Commissioner of finance" means the commissioner of finance of the
city of New York, or his or her designee.
d. "Cooperative development" means, with respect to properties
described in subparagraph (c) of paragraph class one of subdivision one
of section eighteen hundred two of the real property tax law, all of the
properties, including the land and improvements thereon, as to which the
land is held by a single cooperative corporation.
e. "Department of buildings" means the department of buildings of the
city of New York.
f. "Department of finance" means the department of finance of the city
of New York.
g. "Owner" means the owner of real property, or a tenant-stockholder
of a unit in real property held in the cooperative form of ownership on
the thirtieth of October, two thousand twelve.
3. Eligible real property. a. For purposes of this section, "eligible
real property" means any tax lot that contained, on the applicable
taxable status date, class one, class two or class four real property as
such classes of real property are defined in subdivision one of section
eighteen hundred two of the real property tax law, on which any building
has been designated by the department of buildings in accordance with
paragraph b of this subdivision.
b. For purposes of this section, a building has been designated by the
department of buildings if:
(1) during the period beginning on the first of November, two thousand
twelve and ending on the thirtieth of November, two thousand twelve,
after inspection by the department, such building has been determined to
be seriously damaged and unsafe to enter or occupy or completely
demolished as a result of damage caused by the effects of the severe
storm that occurred on the twenty-ninth and thirtieth of October, two
thousand twelve, and such determination has been indicated by a notation
on such department's records and/or by the posting of a red placard
warning on the building; or
(2) during the period beginning on the first of November, two thousand
twelve and ending on the thirtieth of November, two thousand twelve,
after inspection by the department, such building has been determined to
require repairs or to have a restricted area and such determination has
been indicated by a notation on such department's records and/or by the
posting of a yellow sticker on the building, and during the period
beginning on the first of December, two thousand twelve and ending on
the twenty-eighth of December, two thousand twelve, after inspection by
the department, such building has been determined to be seriously
damaged and unsafe to enter or occupy or completely demolished as a
result of damage caused by the effects of the severe storm that occurred
on the twenty-ninth and thirtieth of October, two thousand twelve, and
such determination has been indicated by a notation on such department's
records and/or by the posting of a red placard warning on the building.
4. Amount of rebate. a. The amount of the rebate to be paid by the
commissioner of finance for eligible real property pursuant to
subdivision one of this section shall be equal to two-thirds of the
annual tax, multiplied by a fraction, the numerator of which is equal to
that portion of the assessed valuation of the eligible real property
that is attributable to the improvements on the property, and the
denominator of which is equal to the total assessed valuation of the
eligible real property.
b. Except as provided in subdivision five of this section, for
property held in the cooperative form of ownership, the amount of the
rebate to be paid to the owner of a unit therein shall be equal to that
proportion of the amount calculated under paragraph a of this
subdivision that is attributable to such unit, as determined by the
proportional relationship of the owner's share or shares of stock in the
cooperative apartment corporation that owns such real property to the
total outstanding stock of the cooperative apartment corporation.
c. Eligible real property with no annual tax shall not be eligible for
a rebate under this section.
5. Calculation of rebate for certain class one real property
consisting of one family house structures situated on land held in
cooperative ownership.
a. Notwithstanding the provisions of subdivision four of this section,
the amount of the rebate to be paid by the commissioner of finance to
the owner of a building that was designated by the department of
buildings in accordance with paragraph b of subdivision three of this
section, that is located on eligible real property that is described in
subparagraph (c) of paragraph class one of subdivision one of section
eighteen hundred two of the real property tax law, shall be equal to
two-thirds of the annual tax on the property of the cooperative
development, (1) multiplied by a fraction, the numerator of which is
equal to that portion of the assessed valuation of the eligible real
property in the cooperative development that is attributable to the
improvements on the property, and the denominator of which is equal to
the total assessed valuation of the eligible real property in the
cooperative development, and (2) multiplied by a second fraction, the
numerator of which is equal to the number of buildings in the
cooperative development that have been designated by the department of
buildings in accordance with paragraph b of subdivision three of this
section, and the denominator of which is the total number of buildings
that were located in the cooperative development as of the twenty-eighth
day of October, two thousand twelve, then (3) divided by the number of
buildings in the cooperative development that have been designated by
the department of buildings in accordance with paragraph b of
subdivision three of this section.
b. Eligible real property described in this subdivision with no annual
tax shall not be eligible for a rebate under this section.
6. Mailing of rebate. a. The commissioner of finance shall mail the
rebate authorized by this section to the person whose name appears on
the records of the department of finance as the owner of the eligible
real property or unit located therein on the thirtieth of October, two
thousand twelve, at an address on the records of the department of
finance as the address of such owner, and if no such address appears on
the records of the department of finance, then to the address, if any,
appearing in the latest assessment roll as the address of the owner of
the eligible real property. Notwithstanding the previous sentence, if an
owner has notified the United States postal service of a forwarding
address for mail that would otherwise have been sent to any of the
addresses described in the previous sentence, then the commissioner of
finance may mail the rebate authorized by this section to such
forwarding address.
b. Notwithstanding paragraph a of this subdivision, with respect to
any rebate to which an owner of a building that was designated by the
department of buildings in accordance with paragraph b of subdivision
three of this section that is located on eligible real property that is
described in subparagraph (c) of paragraph class one of subdivision one
of section eighteen hundred two of this chapter is entitled under this
section, the commissioner of finance shall mail the rebate to the
cooperative development of which the owner's property is a part, at the
address on the records of the department of finance as the address of
the cooperative corporation that is the owner of the land included in
the cooperative development, and if no such address appears on the
records of the department of finance, then to the address, if any,
appearing in the latest assessment roll as the address of the owner of
such land. Notwithstanding the previous sentence, if the cooperative
corporation has notified the United States postal service of a
forwarding address for mail that would otherwise have been sent to any
of the addresses described in the previous sentence, then the
commissioner of finance may mail the rebate authorized by this section
to such forwarding address.
7. Recovery of erroneous rebate. If the commissioner of finance
determines (a) that an owner who received a rebate was not entitled to a
rebate under this section, or (b) that a rebate was paid or calculated
in error under this section, the commissioner of finance shall recover
or recalculate such rebate and the amount of the rebate or an amount
equal to the difference between the rebate originally paid and the
amount to which the owner was entitled shall be deducted from any refund
or rebate otherwise payable to the owner, and any balance of such amount
remaining unpaid shall be paid to the commissioner of finance no later
than the due and payable date provided on a notice of the amount payable
mailed by the commissioner of finance. Such amount payable shall
constitute a tax lien on the real property owned by such owner as of the
due and payable date provided on such notice, and, if not paid by such
due and payable date, interest at the rate applicable to delinquent real
property taxes on such property shall be charged and collected on such
amount from the due and payable date provided on such notice to the date
of payment, and such amount payable shall be enforceable as a tax lien
in accordance with provisions of law relating to the enforcement of tax
liens in any such city.
8. Rebate not deemed a refund. Any rebate authorized by this section
to be paid by the commissioner of finance shall not be deemed to be a
refund of a real property tax payment.
9. Overpayment. If, in any proceeding brought pursuant to article
seven of the real property tax law, the assessed valuation of eligible
real property is reduced for the fiscal year beginning on the first of
July, two thousand twelve, and such reduction results in a return of
overpayment of real property taxes paid with respect to such fiscal
year, the amount of such overpayment shall be reduced by the amount of
any rebate paid pursuant to this section. If such overpayment is
returned before a rebate is paid pursuant to this section, the amount of
any rebate paid pursuant to this section shall be reduced by the amount
of such overpayment.
10. Rulemaking. The commissioner of finance shall be authorized to
promulgate rules necessary to effectuate the purposes of this section.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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