NY Real Prop Tax L § 304 (2021)
2021 New York Laws RPT - Real Property Tax Article 3 - Taxable Real Property and Standard of Assessment Title 1 - Assessment of Real Property 304 - Subject of Assessment.

*  §  304. Subject of assessment. All assessments shall be against the real property itself which shall be liable to sale pursuant to  law  for any unpaid taxes or special ad valorem levies.   * NB (Effective until ruling by Commissioner of Internal Revenue)   *  §  304.  Subject of assessment. 1. All assessments shall be against the real property itself which shall be liable to sale pursuant  to  law for any unpaid taxes or special ad valorem levies.   2.  Where  real  property  in  whole or part is rented for residential purposes pursuant to a lease, or to the same occupant or  occupants  for twelve consecutive months duration or longer, or if the dwelling unit is subject  to  the  regulation  and  control  of residential rents and the occupants' rights and obligations of tenancy are created  and  protected by  such  regulation  and  control, a renter has an interest in the real property and is subject to articles nine and ten  of  this  chapter,  or laws  of  any municipality covering the levy and collection of taxes and the  enforcement  of  collection  of  delinquent  taxes,  whichever   is governing.  Nothing  in this subdivision shall relieve the owner of real property from the obligation for  paying  all  taxes  due  on  the  real property  under  his ownership or vitiate the sale of said real property for unpaid taxes or  special  ad  valorem  levies.  The  owner  of  real property, or his designated agent, is obligated to apply the first money received  each  month  from the renter to taxes due on the real property under his ownership.   3. As used in this section the term "rent" means the amount  paid  for the  right  of  occupancy of a dwelling unit excluding charges for heat, gas, electricity, furnishings and board. Where such charges are included in the amount paid but are not treated consistently among dwelling units located within the real property and where such charges and  the  amount thereof are not separately set forth in the lease, the amount paid shall be reduced in the following manner:  (A)  Fifteen percent of the rental paid shall be deducted for heat, or heat and gas;  (B) Twenty percent of the rental paid shall be deducted for heat,  gas and electricity;  (C) Twenty-five percent of the rental paid shall be deducted for heat, gas, electricity and furnishings;  (D)  Fifty percent of the rental paid shall be deducted for heat, gas, electricity, furnishings and board.   4. The attorney general shall prepare and submit to  the  commissioner of  internal  revenue  of  the United States a request for a ruling that payments of real property taxes made by a renter  in  such  municipality with  an  interest  in real property pursuant to subdivision two of this section, with respect to such  interest,  will  be  deductible  by  such renter pursuant to paragraph a of subdivision one of section one hundred sixty  four of the internal revenue code of nineteen hundred fifty-four, as amended.   5. Immediately after the effective date of  this  section  and  on  or before  the  tax  status  date  of  the ensuing fiscal year and annually thereafter,  the  owner  of  the  real  property  shall  file  with  the appropriate  assessment department of the municipality in which the real property is located the rent roll covering all units of  said  property, including  names  of  those  renters  whose  interest  is  described  in subdivision two of this section and those renters who  have  elected  an interest as described in subdivision four of this section. This schedule of  rents  shall  include  all  units whether rented or not, and whether residential or not.  The assessors shall assign an assessed valuation to each rental unit of said real property by establishing the  relationship of  the  yearly  rent  for  the  unit  to the total yearly rent roll and  applying this ratio to the assessment established for the real  property as  a  whole,  less  the assessment on that portion of the real property which the assessor may determine is not held for rental purposes.  Taxes on  such  real  property  not held for rental purposes shall be assessed solely against  the  owner  of  the  real  property  and  shall  not  be considered  in  determining  the assessed valuation of each rental unit. Where the residential real property is completed  after  the  first  tax status  day  after the effective date of this section, the owner of such real property shall file the required  information  with  the  assessors after  completion.  In  the  event  the  assessors  reassess  said  real property, the relationships established for the prior assessments  shall be applied to the new assessments. The assessments so established may be entered  on  the  assessment  roll itself or attached as an appendage to such assessment roll but in any event  the  assessments  for  said  real property  shall be deemed a composite of the total of the assessments of each individual unit's assessment, and those renters whose  interest  is described  in subdivision two of this section and those renters who have elected an interest as described in subdivision  four  of  this  section shall  be  personally  liable  for  the  taxes levied on the assessments declared for their respective units. It shall be the  responsibility  of the owner of the real property to notify the assessors of all changes in occupancy  including  notification  when a vacant unit is occupied or an occupied unit becomes vacant. The assessors on or before tax status  day will issue in writing to the owner a listing of the assessments assessed for  each unit. This listing shall state the amount of taxes each renter whose interest is described in subdivision two of this section and  each renter  who  has elected an interest as described in subdivision four of this section must pay each calendar month of the assessing unit's fiscal year. The landlord shall make this listing available to each tenant upon occupancy  and  thereafter  upon  receipt  of  such  listing  from   the assessors.   * NB (Effective pending ruling by Commissioner of Internal Revenue)