NY Real Prop Tax L § 1905 (2021)
2021 New York Laws RPT - Real Property Tax Article 19 - Preservation of Class Share of Taxes Other Than in Special Assessing Units 1905 - Commissioner Adjustments for Assessment Rolls Completed Prior to Nineteen Hundred Ninety.

§  1905. Commissioner adjustments for assessment rolls completed prior to nineteen hundred ninety. 1. Certification. (a)  Not  later  than  the sixth  assessment roll following the first assessment roll for which the same homestead base proportions and non-homestead base  proportions  are effective  in any approved assessing unit or eligible non-assessing unit village and not less than once in  every  three  subsequent  years,  the commissioner  shall  certify  to  the  chief  executive  officer of such approved assessing unit or eligible non-assessing unit  village  and  to the  appropriate  fiscal  officer  of each county and school district in which such approved assessing unit is included, adjusted homestead  base proportions   and   adjusted   non-homestead   base   proportions.   The commissioner shall  also  certify  to  the  executive  officer  of  such assessing  unit  or  eligible  non-assessing  unit  village  the current percentages determined pursuant to subdivision three of this section and used in calculating such proportions. Such certifications shall be  made no later than thirty days prior to the last date provided by law for the levy   of   taxes   in  each  such  approved  assessing  unit,  eligible non-assessing unit village, county or school district.  (b) If it is made to appear to the commissioner by a statement of  the assessors of an approved assessing unit, subscribed and affirmed by them as  true under the penalties of perjury, that there has been a change in excess of ten percent in  the  percentage  that  the  estimated  taxable market  value  of the homestead class constitutes of the total estimated taxable market value of all real property  in  such  assessing  unit  or eligible  non-assessing  unit  village  or  in any portion thereof since certification  of  the  most  recent  homestead  base  proportions   and non-homestead  base  proportions  or adjusted homestead base proportions and adjusted non-homestead  base  proportions,  the  commissioner  shall certify  adjusted  homestead base proportions and adjusted non-homestead base proportions  and  current  percentages  for  such  assessing  unit, eligible  non-assessing  unit  village, or portion thereof in accordance with the provisions of this section.  (c) In the case of an approved assessing unit which  has  completed  a revaluation   prior   to   the  effective  date  of  this  section,  the commissioner shall  certify  adjusted  homestead  base  proportions  and adjusted  non-homestead base proportions and current percentages for the first roll to which the provisions of section nineteen hundred three  of this article shall apply.   2.  Base  percentage.  The  commissioner  shall  compute for each such approved assessing unit or eligible non-assessing unit village  and  for each  portion  thereof  the percentage that the estimated taxable market value of each of the homestead class and non-homestead class  constitute of  the  total estimated taxable market value of all real property. Such base  percentage  shall  be  computed  on  the  basis  of  the  assessed valuations  on  the  first assessment roll containing the revaluation or update which is the basis for the certification  or  recertification  of such assessing unit as an approved assessing unit, except that:  (a)   in   the  case  of  approved  assessing  units  which  completed revaluation programs prior to the effective date of this  section,  such base  percentage  shall be computed on the basis of the first assessment roll which incorporated such revaluation;  (b) in the case of eligible non-assessing  unit  villages,  such  base percentage shall be computed from the assessments on the village portion of the first town assessment roll containing revaluation assessments and used for the levy of village taxes; and  (c)  in  the  case of recertified approved assessing units which adopt local laws pursuant to subparagraph (ii) of paragraph (a) of subdivision two of section  nineteen  hundred  three  of  this  article,  such  base  percentage  shall  be computed from the assessed valuations on the first assessment  roll  containing  the  update  which  is   the   basis   for recertification as an approved assessing unit.   3.  Current  percentage.  (a)  In  each year in which the commissioner completes a market value survey which uses a base year  assessment  roll later  than  that  used  in  subdivision  two  of this section, it shall compute for such base year assessment roll percentages as prescribed  in subdivision two of this section.  (b)  In  the  case of an approved assessing unit which has completed a revaluation program prior to the effective date of this section, for the purpose of paragraph  (d)  of  subdivision  one  of  this  section  such percentages shall be computed on the basis of the assessed valuations on the  assessment  roll  which  is  the basis of the certification of such approved assessing unit.   4. Additional market value surveys. In the event that no market  value survey  as may be required to comply with the provisions of this section is otherwise available, the commissioner shall revise an existing survey or complete an additional survey in conformance with the requirements of this section.   5. Computation of adjusted homestead  base  proportions  and  adjusted non-homestead  base proportions. In each year in which it is required to compute a current percentage pursuant to subdivision  one  or  three  of this  section,  such  commissioner  shall compute the adjusted homestead base proportion and adjusted non-homestead base proportion as follows:  (a) Divide the current percentage of each of the two classes which are described in subdivision two of this section by the base  percentage  of each such class.  (b)  For  each  such  class, multiply the result from paragraph (a) of this subdivision  by  the  proportion  established  in  accordance  with subdivision  two  of section nineteen hundred three of this article. (c) Sum the products obtained in  paragraph  (b)  of  this  subdivision  and divide  the  product for each such class by such sum. The result for the homestead class is the adjusted homestead base proportion and the result for  the  non-homestead  class  is  the  adjusted   non-homestead   base proportion.   6.  The  provisions  of  this  section shall apply to assessment rolls completed prior to nineteen hundred ninety.