NY Real Prop L § 339-Y (2021)
2021 New York Laws RPP - Real Property Article 9-B - Condominium Act 339-Y - Separate Taxation.

§  339-y.  Separate  taxation.  1.  (a)  With  respect to all property submitted to the provisions of this article other than property which is the subject of a qualified leasehold  condominium,  each  unit  and  its common interest, not including any personal property, shall be deemed to be  a parcel and shall be subject to separate assessment and taxation by each assessing unit, school district, special district, county or  other taxing  unit, for all types of taxes authorized by law including but not limited to special ad valorem levies  and  special  assessments,  except that  the  foregoing  shall  not  apply  to  a  unit held under lease or sublease unless the declaration requires the unit owner to pay all taxes attributable to his unit. Neither the building, the property nor any  of the common elements shall be deemed to be a parcel.  (b)  In  no  event  shall the aggregate of the assessment of the units plus their common interests exceed the total valuation of  the  property were the property assessed as a parcel.  (c) For the purposes of this and the next succeeding section the terms "assessing  unit",  "assessment",  "parcel",  "special ad valorem levy", "special assessment", "special district", "taxation" and  "taxes"  shall have  the  meanings  specified  in  section  one hundred two of the real property tax law.  (d) The provisions of paragraph (b)  of  this  subdivision  shall  not apply to such real property classified within:  (i) on and after January first, nineteen hundred eighty-six, class one of  section one thousand eight hundred two of the real property tax law; or  (ii) on and after January first,  nineteen  hundred  eighty-four,  the homestead  class  of  an  approved  assessing unit which has adopted the provisions of section one  thousand  nine  hundred  three  of  the  real property  tax  law,  or  the  homestead  class of the portion outside an approved assessing unit of an eligible split school district  which  has adopted  the  provisions of section nineteen hundred three-a of the real property tax law; provided, however, that, in an approved assessing unit which adopted the provisions of section one thousand nine hundred  three of  the  real  property  tax  law  prior  to  the effective date of this subdivision, paragraph (b) of this subdivision shall apply to  all  such real  property  (i)  which  is  classified  within  the  homestead class pursuant to paragraph one of subdivision (e)  of  section  one  thousand nine hundred one of the real property tax law and (ii) which, regardless of  classification,  was  on  the assessment roll prior to the effective date of this subdivision unless the  governing  body  of  such  approved assessing  unit  provides  by  local law adopted after a public hearing, prior to the taxable status date of such assessing unit  next  occurring after  December  thirty-first,  nineteen hundred eighty-three, that such paragraph (b) shall not apply to such real property to which this clause applies.  Provided  further,  however,  real  property  subject  to  the provisions   of   this   subparagraph  shall  be  assessed  pursuant  to subdivision two of section five hundred eighty-one of the real  property tax law.  (e)  On  the  first  assessment  roll with a taxable status date on or after the effective date of  a  declaration  filed  with  the  recording officer  and  on  every  assessment  roll thereafter, the assessor shall enter each unit as a parcel,  as  provided  in  paragraph  (a)  of  this subdivision, based upon the condition and ownership of each such unit on the  appropriate  valuation  and  taxable status dates. Units owned by a developer may be entered as a single parcel with  a  parcel  description corresponding  to  the entire development, including the land under such development, and excluding those units appearing  separately.  Upon  the  first  assessment  roll  where each unit is separately assessed, only an individual unit and its common interest shall constitute a parcel.  (f)  The  provisions  of  paragraph  (b) of this subdivision shall not apply to a converted condominium unit in a municipal  corporation  other than  a  special assessing unit, which has adopted, prior to the taxable status date of the assessment roll upon which its taxes will be  levied, a  local  law or, for a school district, a resolution providing that the provisions of paragraph (b) of this subdivision shall  not  apply  to  a converted  condominium  unit  within  that  municipal  corporation.    A converted condominium unit for purposes of this paragraph shall  mean  a dwelling  unit held in condominium form of ownership that has previously been on an assessment roll as a dwelling unit in other than  condominium form of ownership, and has not been previously subject to the provisions of paragraph (b) of this subdivision.   2. With respect only to qualified leasehold condominiums:  (a)  Each  unit,  its  common  interest,  not  including  any personal property, and the proportionate undivided  part  of  the  real  property which  is  the  subject  of  a  qualified  leasehold  condominium and is allocated to such unit (as  expressed  in  the  declaration),  shall  be deemed  to  be  a parcel, shall be subject to separate assessment to the unit owner and shall be subject to  taxation  by  each  assessing  unit, school  district,  special district, county or other taxing unit for all types of taxes authorized by law including, but not limited to,  special ad  valorem  levies  and  special assessments. Neither the real property which is the subject of a qualified leasehold condominium, the building, the property nor any of the common elements shall  be  deemed  to  be  a parcel.  In  no event shall the aggregate of the assessment of the units plus their common interests plus their proportionate undivided parts (as expressed in the declaration) of said real  property  exceed  the  total valuation  of  the  property and said real property assessed as a single parcel owned in fee. No provision of this paragraph shall be  deemed  to subject  to  taxation  any  parcel  or  part  thereof which, pursuant to applicable law, is either exempt from taxation or with respect to  which no taxes are payable.  (b)  For the purposes of section five hundred two of the real property tax law, both the unit owner and the owner of the real property which is the subject of a qualified leasehold condominium shall be deemed  to  be the  owner  of  the  parcel  in  which  such unit is included; provided, however, that for the purposes of section nine hundred twenty-six of the real property tax law, only the unit owner shall be deemed the owner  of the  parcel in which such unit is included and only the unit owner shall be personally liable for the payment of any taxes assessed against  such parcel.  Only  the  fee  owner  of  the  land  which is the subject of a qualified leasehold condominium, however, shall  be  deemed  to  be  the owner  of  the  parcel  in  which a unit is included for the purposes of determining whether such parcel is subject to or exempt from taxation or whether no taxes are payable with respect thereto.  (c) The taxes assessed against each unit, its common interest and  the proportionate  undivided  part of the real property which is the subject of  a  qualified  leasehold  condominium  allocated  to  such  unit  (as expressed  in  the  declaration), shall constitute a lien solely on that unit, its common interest and the proportionate undivided part  of  said real  property allocated to such unit (as expressed in the declaration), and such taxes shall not constitute a lien on  any  other  unit  or  the common interest of any other unit or the proportionate undivided part of said  real  property  allocated  to  any other unit (as expressed in the declaration).  (d) At such time as the real  property  which  is  the  subject  of  a qualified  leasehold  condominium is submitted to the provisions of this article, the assessing unit  shall  make  provision  so  that  the  real property  which  (i)  is  not  the  subject  of  a  qualified  leasehold condominium  and  (ii) immediately prior to such submission was included in a parcel in which there also was included all or any part of the real property which  is  (immediately  subsequent  to  such  submission)  the subject of a qualified leasehold condominium, is established as a single parcel  on  the  assessment  roll  and  tax  map of such assessing unit, separate and apart from any real property which  is  the  subject  of  a qualified leasehold condominium.   3.  All  provisions  of  a  declaration relating to a unit, its common interest and the proportionate undivided part of the real property which is the subject of a qualified leasehold condominium  allocated  to  such unit  (as  expressed  in the declaration), which has been sold for taxes shall survive and shall be enforceable after the issuance of a tax  deed for  such  unit  to  the  same  extent  that  such  provisions  would be enforceable against a voluntary grantee of such unit  immediately  prior to the delivery of such tax deed.   4.  The  board  of managers may act as an agent of each unit owner who has given his written authorization to seek administrative and  judicial review  of an assessment made in accordance with subdivision one of this section, pursuant to title one-A  of  article  five  and  title  one  of article  seven  of  the real property tax law. The board of managers may retain legal counsel on behalf of all unit owners for which it is acting as agent and to charge  all  such  unit  owners  a  pro  rata  share  of expenses,  disbursements  and  legal fees for which charges the board of managers  shall  have  a  lien  pursuant  to   section   three   hundred thirty-nine-z.   5. Notwithstanding the provisions of any general, special or local law to  the  contrary, in a city having a population of one million or more, the board of managers shall be authorized to act as the  sole  agent  on behalf of all unit owners, without authorization of each unit owner, for the limited purpose of determining whether or not to waive prospectively the  benefit  of  real  property  tax  abatement  and  exemption for the property in order to qualify for a partial abatement  of  real  property taxes  pursuant  to  section  four  hundred  sixty-seven-a  of  the real property tax law.