NY Real Prop Tax L § 1805 (2021)
2021 New York Laws RPT - Real Property Tax Article 18 - Preservation of Class Share of Taxes in Municipal Corporations Except Counties Within a City, Included Within the Boundaries of a Special A 1805 - Limitation on Increases of Assessed Value of Individual Parcels.

§  1805.  Limitation  on  increases  of  assessed  value of individual parcels.   1. The assessor of  any  special  assessing  unit  shall  not increase the assessment of any individual parcel classified in class one in  any one year, as measured from the assessment on the previous year's assessment roll, by more than six percent and shall  not  increase  such assessment  by  more  than  twenty  percent in any five-year period. The first such five-year  period  shall  be  measured  from  the  individual assessment  appearing  on  the  assessment  roll  completed  in nineteen hundred eighty; provided that if such parcel would not have been subject to the provisions of this subdivision in  nineteen  hundred  eighty  had this  subdivision  then  been in effect, the first such five-year period shall be measured from the first year after nineteen hundred  eighty  in which  this  subdivision applied to such parcel or would have applied to such parcel had this subdivision been in effect in such year.   If, in respect to any individual parcel classified in class one on the assessment roll completed and applicable for the year  nineteen  hundred eighty-two,  the  assessment  for  the  year nineteen hundred eighty-one exceeds by more than twenty percent the assessment for the year nineteen hundred eighty, such assessor shall compute the actual assessments to be entered on assessment rolls applicable to  the  years  nineteen  hundred eighty-two through nineteen hundred ninety as follows:  (a) compute the maximum permissible assessments for the years nineteen hundred  eighty-one through nineteen hundred eighty-five pursuant to the limitations  contained  hereinabove  as  if  the  provisions   of   this subdivision  were in effect and applicable for assessment rolls prepared in the year nineteen hundred eighty-one;  (b) subtract the maximum permissible assessment for the year  nineteen hundred  eighty-one  as computed in paragraph (a) hereof from the actual assessment entered on the assessment roll completed and  applicable  for the year nineteen hundred eighty-one and divide such result by four;  (c)  the  assessment for the year nineteen hundred eighty-two shall be the maximum permissible assessment for such year as computed pursuant to such paragraph (a) minus the quotient determined pursuant  to  paragraph (b) hereinabove;  (d) the assessment for the year nineteen hundred eighty-three shall be the maximum permissible assessment for such year as computed pursuant to such  paragraph  (a) minus the quotient determined pursuant to paragraph (b) hereinabove;  (e) the assessment for the year nineteen hundred eighty-four shall  be the maximum permissible assessment for such year as computed pursuant to such  paragraph  (a) minus the quotient determined pursuant to paragraph (b) hereinabove;  (f) the assessment for the year nineteen hundred eighty-five shall  be the maximum permissible assessment for such year as computed pursuant to such  paragraph  (a) minus the quotient determined pursuant to paragraph (b) hereinabove;  (g) commencing and applicable in the years nineteen hundred eighty-six through nineteen hundred ninety, the limitations  contained  hereinabove shall   be   computed   as  measured  against  the  maximum  permissible assessments for the years nineteen hundred eighty-one  through  nineteen hundred  eighty-five  as  computed  in  paragraph (a) hereinabove and as measured against the actual assessments for the  years  occurring  after nineteen hundred eighty-five.   2.  The  assessment  roll of a special assessing unit wholly contained within a city shall identify those parcels classified in class two which have fewer than eleven residential  units.  The  assessor  of  any  such special  assessing  unit shall not increase the assessment of any parcel so identified in any one year, as measured from the actual assessment on  the previous year's assessment roll, by  more  than  eight  percent  and shall  not  increase  such assessment by more than thirty percent in any five-year period. The first such five-year period shall be measured from the  individual assessment appearing on the assessment roll completed in nineteen hundred eighty-one provided that, if such parcel would not have been subject to the provisions of this subdivision in  nineteen  hundred eighty-one  had  this  subdivision  then  been in effect, the first such five-year period shall be measured from the first  year  after  nineteen hundred  eighty-one  in which this subdivision applied to such parcel or would have applied to such parcel had this subdivision been in effect in such year.   If, in respect to any parcel so  identified  on  the  assessment  roll completed  and applicable for the year nineteen hundred eighty-four, the actual assessment for the year nineteen hundred eighty-three exceeds  by more  than  thirty  percent the assessment for the year nineteen hundred eighty-one, such assessor shall compute the  actual  assessments  to  be entered  on  assessment  rolls  applicable to the years nineteen hundred eighty-four through nineteen hundred ninety-two as follows:  (a) compute the maximum permissible assessments for the years nineteen hundred eighty-two through nineteen hundred eighty-seven pursuant to the limitations  contained  hereinabove  as  if  the  provisions   of   this subdivision  were in effect and applicable for assessment rolls prepared in the year nineteen hundred eighty-two;  (b) subtract the maximum permissible assessment for the year  nineteen hundred  eighty-two  as computed in paragraph (a) hereof from the lesser of the actual or transition assessment entered on  the  assessment  roll completed and applicable for the year nineteen hundred eighty-two;  (c)  subtract the maximum permissible assessment for the year nineteen hundred eighty-three as computed in such paragraph (a) from  the  lesser of  the  actual  or transition assessment entered on the assessment roll completed and applicable for the year nineteen hundred eighty-three;  (d) add such results of the computations prescribed by paragraphs  (b) and (c) hereof as are greater than zero and divide such sum by four;  (e)  the assessment for the year nineteen hundred eighty-four shall be the maximum permissible assessment for such year as computed pursuant to such paragraph (a) minus the quotient determined pursuant  to  paragraph (d) hereinabove;  (f)  the assessment for the year nineteen hundred eighty-five shall be the maximum permissible assessment for such year as computed pursuant to such paragraph (a) minus the quotient determined pursuant  to  paragraph (d) hereinabove;  (g)  the  assessment for the year nineteen hundred eighty-six shall be the maximum permissible assessment for such year as computed pursuant to such paragraph (a) minus the quotient determined pursuant  to  paragraph (d) hereinabove;  (h) the assessment for the year nineteen hundred eighty-seven shall be the maximum permissible assessment for such year as computed pursuant to such  paragraph  (a) minus the quotient determined pursuant to paragraph (d) hereinabove;  (i)  commencing  and  applicable  in  the   years   nineteen   hundred eighty-eight   through  nineteen  hundred  ninety-two,  the  limitations contained hereinabove shall be computed as measured against the  maximum permissible  assessments  for  the  years  nineteen hundred eighty-three through nineteen hundred  eighty-seven  as  computed  in  paragraph  (a) hereinabove and as measured against the actual assessments for the years occurring after nineteen hundred eighty-seven.   3.  If  the assessment appearing on an assessment roll completed on or after January first, nineteen hundred  eighty-two  for  any  parcel  not  subject  to  the  provisions  of subdivision one or two of this section, other than a parcel classified in  class  three,  is  greater  than  the assessment appearing on the previous year's assessment roll the assessor shall  determine  a  transition assessment for such parcel for the first assessment roll on which such greater assessment appears and for each of the succeeding four assessment rolls by computing the difference between such greater assessment and the assessment appearing  on  such  previous year's  assessment  roll  and  adding  the following percentages of such difference  to  the  assessment  appearing  on  such   previous   year's assessment  roll: in the first year, twenty percent; in the second year, forty percent; in the third year, sixty percent;  in  the  fourth  year, eighty  percent;  and  in  the  fifth  year, one hundred percent. If the assessment of a parcel is increased during a period for which transition assessments have  been  established  because  of  any  prior  assessment increases,  such new increase shall be phased-in over a five-year period as set forth in this subdivision, and such phased-in increases shall  be added  to  the  transitional  assessments previously established for the prior increase;  provided,  however,  that  if  in  any  year  any  such transition assessment exceeds the actual assessment for such year, taxes imposed  on  such  parcel  for  such  year shall be based on such lesser actual assessment. Notwithstanding the foregoing, during the  period  of any  such  transition, the assessment roll shall contain an entry of the full amount of such greater  assessment  which  shall  be  used  by  the commissioner  in its determination of class ratios pursuant to paragraph (b) of subdivision one of section twelve hundred two of this chapter. In establishing state equalization rates, class equalization rates, special state equalization rates and special  state  equalization  ratios  under article  twelve,  article twelve-A and article twelve-B of this chapter, the commissioner shall use the transition assessments as provided for in this subdivision in its determinations, or where the  actual  assessment is the lesser, such actual assessment shall be so used.   4. Notwithstanding the provisions of subdivision three of this section no transition assessment shall be computed for any individual parcel for a  year  in which subdivision one or two of this section were applicable to such parcel, nor for any real property owned by the state  and  which is  subject  to  taxation  pursuant to title two of article five of this chapter, nor for any real property for which a statute provides  that  a state  equalization  rate or special equalization rate shall be employed to determine the assessed value or the taxable assessed value.   5. Nothing in this section shall prevent  placing  on  the  assessment roll  new property, additions to or improvements of existing property or formerly exempt property or the full or partial removal from the roll of property by reason of fire, demolition, destruction or new exemption and such increase or  decrease  in  value  shall  not  be  included  in  the computation  of  the  limitations prescribed by this section. Any parcel which would be assessed at a greater amount but for  the  provisions  of subdivision one or two of this section shall be excluded from any survey or  computation  made  by  any  body  or  officer  for  the  purpose  of determining a level of assessment to be used in  the  administrative  or judicial  review  of  assessments  including,  but not limited to, class ratios computed pursuant to paragraph (b) of subdivision one of  section twelve  hundred  two  of  this  chapter, ratios computed by selection of parcels or from actual sales of real property under  the  provisions  of subdivision  three  of section seven hundred twenty of this chapter, and residential assessment ratios computed pursuant to section seven hundred thirty-eight of this chapter, but not including state equalization rates or class equalization rates. In the event that a parcel appearing on the assessment roll completed in nineteen hundred eighty or  any  subsequent  roll  is  subdivided  or  consolidated with another, such assessor shall make an appropriate allocation of the assessed value of such  parcel  in the determination of the limitations prescribed in this section.   6.  Notwithstanding  any  provision  of  law  to  the contrary, in any special assessing unit wholly contained within a  city,  beginning  with the  assessment  roll  completed  in  two  thousand  five  and  for each subsequent  assessment  roll,  the  assessor  shall  not  increase   the assessment  of  any  existing  property classified in class two that has fewer than eleven residential units, with respect  to  any  increase  in value attributable to additions to or improvements of such property that were  not  reflected on the assessment roll for a previous year, by more than one-third of the amount that such assessment would increase, in the absence of this subdivision, with  respect  to  any  increase  in  value attributable  to additions to or improvements of such property that were not  reflected  on  the   assessment   roll   for   a   previous   year. Notwithstanding  the provisions of subdivision five of this section, the remainder of the increase in value attributable  to  such  additions  or improvements  that  were  not  reflected  on  the  assessment roll for a previous year shall be subject to the limitations on increases  provided in  subdivision two of this section. This subdivision shall not apply to the construction of a new building or structure. This subdivision  shall not apply where, as a result of such additions to or improvements of the existing  property,  there  are  more than ten residential units in such property.