NY Real Prop Tax L § 485-J-2 (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2 - Private Property 485-J*2 - Residential Investment Exemption; Certain Cities.

* §  485-j.  Residential  investment  exemption;  certain  cities.  1. Residential real property constructed on or after the first day of July, two thousand six in cities with a population of not less  than  eighteen thousand and not more than eighteen thousand five hundred based upon the two thousand federal census may be exempt from city taxation and special ad valorem levies as provided in this section.   2. (a) (i) Such real property shall be exempt for a period of one year to  the  extent  of  fifty  per centum of the increase in assessed value thereof attributable to such construction and for an  additional  period of nine years provided, however, that the extent of such exemption shall be  decreased by five per centum each year during such additional period of nine years and such exemption shall be computed with respect  to  the "exemption  base".  The exemption base shall be the increase in assessed value as determined  in  the  initial  year  of  such  ten  year  period following  the  filing of an original application, except as provided in subparagraph (ii) of this paragraph.  (ii) In any year in which a change in level of assessment  of  fifteen percent or more is certified for a final assessment roll pursuant to the rules  of  the commissioner, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total  assessed  value  of the  parcel  on  such  final  assessment  roll (after accounting for any physical or  quantity  changes  to  the  parcel  since  the  immediately preceding  assessment  roll),  and the denominator of which shall be the total assessed value of the parcel on the  immediately  preceding  final assessment  roll.  The  result  shall  be  the  new  exemption base. The exemption shall thereupon be recomputed to take  into  account  the  new exemption  base, notwithstanding the fact that the assessor receives the certification of the change in level of assessment after the completion, verification and filing of the final assessment roll. In the  event  the assessor  does  not  have custody of the roll when such certification is received, the assessor shall certify the  recomputed  exemption  to  the local  officers  having  custody and control of the roll, and such local officers are hereby directed and  authorized  to  enter  the  recomputed exemption certified by the assessor on the roll. The assessor shall give written  notice  of such recomputed exemption to the property owner, who may,  if  he  or  she  believes  that  the  exemption   was   recomputed incorrectly,  apply  for  a  correction  in the manner provided by title three of article five of this chapter for  the  correction  of  clerical errors.  (iii) The following table shall illustrate the computation of the city tax exemption:        Year of exemption                      Percentage of exemption                1                                       50                2                                       45                3                                       40                4                                       35                5                                       30                6                                       25                7                                       20                8                                       15                9                                       10               10                                        5  (b) No such exemption shall be granted unless:  (i)  such  construction  was  commenced  on  or after the first day of April, two thousand six or such later date as may be specified by  local law;  (ii)  the  residential  real  property  is  situate  in  a city with a population of not less than eighteen thousand and not more than eighteen thousand five hundred based upon the two thousand federal census;  (iii)  the  cost  of  such  construction  exceeds  the  sum of seventy thousand dollars or such greater amount as may  be  specified  by  local law; and  (iv)  such  construction  is  completed  as  may  be  evidenced  by  a certificate of occupancy or other appropriate documentation as  provided by the owner.  (c)  For  purposes  of  this  section  the term construction shall not include ordinary maintenance and repairs.   3. Such exemption shall be granted only upon application by the  owner of  such  real  property  on a form prescribed by the commissioner. Such application shall be filed with the assessor of a city with a population of not less than eighteen thousand and not more than  eighteen  thousand five hundred based upon the two thousand federal census on or before the appropriate  taxable  status  date of such city and within one year from the date of completion of such construction.   4. If the assessor is satisfied that the applicant is entitled  to  an exemption  pursuant  to  this  section,  he  or  she  shall  approve the application and such real  property  shall  thereafter  be  exempt  from taxation  and  special  ad valorem levies by a city with a population of not less than eighteen thousand and not more than eighteen thousand five hundred based upon the two thousand federal census as provided  in  this section  commencing  with the assessment roll prepared after the taxable status date referred to  in  subdivision  three  of  this  section.  The assessed  value  of any exemption granted pursuant to this section shall be entered by the assessor on  the  assessment  roll  with  the  taxable property, with the amount of the exemption shown in a separate column.   5. The provisions of this section shall apply to real property used as the primary residence of the owner.   6.  In  the  event that real property granted an exemption pursuant to this section ceases to be used  primarily  for  eligible  purposes,  the exemption granted pursuant to this section shall cease.   7. A city with a population of not less than eighteen thousand and not more  than  eighteen  thousand  five hundred based upon the two thousand federal census may, by local law, reduce the  per  centum  of  exemption otherwise  allowed  pursuant  to this section; provided, however, that a project in course of construction and exemptions existing prior in  time to  passage  of  any  such  local  law  shall not be subject to any such reduction so effected. Such city upon reduction of  the  per  centum  of exemption  pursuant  to  this  subdivision may thereafter, by local law, increase the per centum of exemption up to any per centum not  exceeding the  maximum  allowed  by  subdivision  two  of  this section, provided, however, that any such  local  law  shall  apply  only  to  construction commenced  subsequent to the effective date of such local law. A copy of all such local laws  shall  be  filed  with  the  commissioner  and  the assessor of the city.   8. A city with a population of not less than eighteen thousand and not more  than  eighteen  thousand  five hundred based upon the two thousand federal census may, by local law, establish a date for the  commencement of  effectiveness  of exemption offered pursuant to this section and may provide that  the  provisions  of  this  section  shall  apply  only  to construction  having  a greater value than that specified by subdivision two of this section, provided,  however,  that  such  amount  shall  not exceed three hundred fifty thousand dollars.   9. (a) A city with a population of not less than eighteen thousand and not more than eighteen thousand five hundred based upon the two thousand  federal  census  may, by local law, establish a board to be known as the residential incentive board. The  membership  and  composition  of  such board shall be set forth in the local law.  (b)  The  residential  incentive  board  shall  present  a plan to the legislative body of a city with a population of not less  than  eighteen thousand and not more than eighteen thousand five hundred based upon the two  thousand federal census concerning the various types of residential real property which should  be  granted  eligibility  for  an  exemption pursuant  to  subdivision  one  of  this section. In addition, such plan shall identify specific geographic areas within  which  such  exemptions should  be  offered.  In developing the plan required by this paragraph, the board shall consider the  planning  objectives  of  a  city  with  a population of not less than eighteen thousand and not more than eighteen thousand  five  hundred  based upon the two thousand federal census, the necessity of the exemption to the attraction or retention of home owners and the economic benefit to the area of  providing  exemptions  to  home owners.  (c) In addition, the board may make recommendations to the legislative body  of a city with a population of not less than eighteen thousand and not more than eighteen thousand five hundred based upon the two thousand federal census with respect to actions it deems desirable to improve the economic climate therein.   10. If a city with a population of not less than eighteen thousand and not more than eighteen thousand five hundred based upon the two thousand federal census establishes a residential incentive  board,  pursuant  to subdivision  nine of this section, such city may, by local law, restrict real property  eligible  to  receive  the  exemption  to  real  property constructed  for  those purposes identified in the plan presented by the board. Such local law shall restrict the availability of such  exemption to the specific geographic areas identified in the plan presented by the board.   11.  Any city which adopts an exemption pursuant to this section shall cause information  relating  to  the  availability  of  such  exemption, including requirements and application procedures, to be attached to all building  permit  applications  and  copies of such information shall be posted in a conspicuous location in any office  or  offices  where  such permits and applications for permits are issued and processed.   * NB There are 5 § 485-j's