NY Tax L § 253-D (2021)
2021 New York Laws TAX - Tax Article 11 - Tax on Mortgages 253-D - Recording Tax Imposed by the City of Yonkers.

§  253-d. Recording tax imposed by the city of Yonkers. 1. The city of   Yonkers, acting through its local legislative body, is hereby authorized   and empowered to adopt and amend local laws imposing in  any  such  city   during   the   period   beginning   September  first,  nineteen  hundred   ninety-three and ending August thirty-first, two thousand  twenty-three,   a  tax  of  fifty  cents for each one hundred dollars and each remaining   major fraction thereof of principal debt or obligation which is or under   any contingency may be secured at the date of execution thereof,  or  at   any time thereafter, by a mortgage on real property situated within such   city  and recorded on or after the date upon which such tax takes effect   and a tax of fifty cents on such  mortgage  if  the  principal  debt  or   obligation  which  is  or  by  any  contingency  may  be secured by such   mortgage is less than one hundred dollars.2. The taxes imposed under the authority  of  this  section  shall  be   administered and collected in the same manner as the taxes imposed under   subdivision  one of section two hundred fifty-three and paragraph (b) of   subdivision one of section  two  hundred  fifty-five  of  this  chapter.   Except as otherwise provided in this section, all the provisions of this   article  relating  to or applicable to the administration and collection   of the taxes imposed by such  subdivisions  shall  apply  to  the  taxes   imposed  under  the authority of this section with such modifications as   may be necessary to adapt such language to the tax so  authorized.  Such   provisions  shall  apply  with  the  same  force  and effect as if those   provisions had been set forth in full in  this  section  except  to  the   extent  that  any  provision  is either inconsistent with a provision of   this section or not relevant to the tax authorized by this section.  For   purposes  of  this  section, any reference in this article to the tax or   taxes imposed by this article shall be deemed to refer to a tax  imposed   pursuant  to  this section, and any reference to the phrase "within this   state" shall be read as "within the city of Yonkers", unless a different   meaning is clearly required.3. Where the real property covered by the mortgage subject to the  tax   imposed  pursuant  to  the authority of this section is situated in this   state but within and without the city of Yonkers, the amount of such tax   due and payable to such city shall be determined in a manner similar  to   that  prescribed  in the first paragraph of section two hundred sixty of   this chapter which concerns  real  property  situated  in  two  or  more   counties.  Where  such  property  is  situated both within such city and   without the state, the amount due and payable  to  such  city  shall  be   determined  in  the  manner  prescribed  in the second paragraph of such   section two hundred sixty which concerns property  situated  within  and   without  the  state.  Where real property is situated within and without   such city, the recording  officer  of  the  jurisdiction  in  which  the   mortgage  is  first  recorded  shall  be  required  to collect the taxes   imposed pursuant to this section.4. A tax imposed pursuant to the authority of this section shall be in   addition to the taxes imposed by section two hundred fifty-three.5. Notwithstanding any provision of this article to the contrary,  the   balance  of  all  moneys  paid to the recording officer of the county of   Westchester during each month upon account of the tax  imposed  pursuant   to the authority of this section, after deducting the necessary expenses   of  his  office  as  provided  in  section two hundred sixty-two of this   chapter, except taxes paid upon mortgages which under the provisions  of   this  section  or section two hundred sixty of this chapter are first to   be apportioned by the commissioner, shall be paid over by  such  officer   on  or  before  the  tenth  day  of  each succeeding month to the county   treasurer of Westchester county and, after the deduction by such  county   treasurer  of  the  necessary  expenses of his or her office provided in    section two hundred sixty-two of this chapter shall be deposited in  the   general fund of the city of Yonkers for expenditure on city purposes.6.  Any  local  law  imposing  a tax pursuant to the authority of this   section or repealing or suspending such a tax shall take effect only  on   the  first  day  of  a  calendar  month.  Such  a local law shall not be   effective unless a certified copy thereof is  mailed  by  registered  or   certified  mail  to  the  commissioner  at  the commissioner's office in   Albany at least thirty days prior to the date the local law  shall  take   effect.7.  Certified  copies of any local law described in this section shall   also be filed with the county clerk, the  secretary  of  state  and  the   state comptroller within five days after the date it is duly enacted.