NY Real Prop Tax L § 421-K (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2 - Private Property 421-K - Exemption of Certain Multiple Dwellings.

§ 421-k. Exemption of certain multiple dwellings. 1. Multiple dwelling buildings,  reconstructed,  altered, converted back to an owner occupied single family dwelling or any owner occupied multiple  dwelling  located in  any city having a population of more than twenty-eight thousand five hundred inhabitants but  less  than  twenty-nine  thousand  inhabitants, determined  in accordance with the latest federal decennial census, that is reduced to at most two units by such reconstruction subsequent to the effective date of a local law pursuant to this section shall  be  exempt from  taxation  and  special ad valorem levies to the extent provided in this section.   After a public hearing, the governing board of such city may  adopt  a local  law to grant the exemption authorized pursuant to this section. A copy of such local law shall be filed  with  the  commissioner  and  the assessor  of  such  city  who  prepares the assessment roll on which the taxes of such city are levied.   2. (a) Such buildings within such city shall be exempt for a period of one year to the extent  of  one  hundred  percent  of  the  increase  in assessed  value  attributable  to  such  reconstruction,  alteration  or improvement and for an additional period of seven years subject  to  the following:  (i)  The  extent  of  such  exemption shall be decreased by twelve and one-half  percent  of  the  "exemption  base"  each  year  during   such additional period.   The  "exemption  base"  shall  be  the  increase  in assessed value as determined in the initial year of the term of the exemption,  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  quality  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 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) Such exemption shall be limited to one hundred thousand  dollars in  increased  market  value,  or  such  other sum less than one hundred thousand dollars, but not less than  ten  thousand  dollars  as  may  be provided by the local law or resolution, of the property attributable to such  reconstruction,  alteration  or  improvement  and  any increase in market value greater than such amount shall  not  be  eligible  for  the exemption  pursuant  to  this section. For the purposes of this section, the market value of the reconstruction, alteration or improvement  shall be   equal   to  the  increased  assessed  value  attributable  to  such  reconstruction, alteration or improvement divided by the  most  recently established  state  equalization  rate  for  such  city. Where the state equalization  rate  or  special  equalization  rate  equals  or  exceeds ninety-five percent, the increase in assessed value attributable to such reconstruction,  alteration  or improvement shall be deemed to equal the market value of such reconstruction, alteration or improvement.  (b) No such exemption shall be granted for reconstruction, alterations or improvements unless:  (i) such  reconstruction,  alteration  or  converted  improvement  was commenced  subsequent  to  the  effective  date of the local law adopted pursuant to subdivision one of this section by such city; and  (ii) the value  of  such  reconstruction,  alteration  or  improvement exceeds five thousand dollars; and  (iii)  the greater portion, as so determined by square footage, of the building reconstructed, altered or improved is at least five years old.  (c) For purposes of this section the terms reconstruction,  alteration and improvement shall not include ordinary maintenance and repairs.   3.  Such exemption shall be granted only upon application by the owner of  such  building  on  a  form  prescribed  by  the  commissioner.  The application  shall  be filed with the assessor of such city on or before the appropriate taxable status date of such city.   4. If satisfied  that  the  applicant  is  entitled  to  an  exemption pursuant to this section, the assessor shall approve the application and such  building  shall  thereafter be exempt from taxation and special ad valorem  levies  as  provided  in  this  section  commencing  with   the assessment  roll  prepared  on  the  basis  of  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.  For  the  purposes  of  this  section,  an owner occupied multiple dwelling building shall mean any  building  or  structure  designed  and occupied  as the temporary or permanent residence or home of two or more families, including the owner of such building.   6. In the event that a building granted an exemption pursuant to  this section  ceases  to  be used primarily for residential purposes or title thereto is transferred to other than the heirs or  distributees  of  the owner, the exemption granted pursuant to this section shall cease.   7. (a) The enactment of a local law in such city may:  (i) reduce the percent of exemption otherwise allowed pursuant to this section;  (ii)   limit   eligibility   for  the  exemption  to  those  forms  of reconstruction, alterations or improvements as are  prescribed  in  such local law or resolution;  (iii)  provide  that  the  exemption shall be applicable only to those improvements which would otherwise result in an increase in the assessed valuation of the  real  property  but  which  consist  of  an  addition, remodeling  or  modernization  to  an  existing  owner occupied multiple residence structure to prevent physical deterioration of  the  structure or  to  comply  with  applicable  building, sanitary, health and/or fire codes.  (b) No such local law shall reduce  or  repeal  an  exemption  granted pursuant  to  this  section until the expiration of the period for which such exemption was granted.