NY Real Prop Tax L § 1903-A (2021)
2021 New York Laws RPT - Real Property Tax Article 19 - Preservation of Class Share of Taxes Other Than in Special Assessing Units 1903-A - Optional Homestead and Non-Homestead Tax Rates in Eligible Split Tax Districts.

§  1903-a.  Optional homestead and non-homestead tax rates in eligible split tax districts. 1. Notice of intent. (a) The governing body  of  an eligible  split  tax  district  which intends to establish homestead and non-homestead tax rates shall file  a  notice  of  intent  to  establish homestead and non-homestead tax rates with each assessor who prepares an assessment  roll  used in whole or in part for the levy of taxes by such tax district. The notice shall be filed with each assessor on or  before the  taxable status date of the first assessment roll to which homestead and non-homestead tax rates may apply. A copy of the  notice  of  intent shall  also  be  filed  with  the  county  director of real property tax services.  (b) The governing body of a school district or village  which  expects one  or  more  cities  or towns within the school district or village to adopt local laws pursuant to section  nineteen  hundred  three  of  this article  and  thereby  render the school district or village an eligible split  tax  district  and  which  intends  to  establish  homestead  and non-homestead  tax  rates  is authorized to and shall file the notice of intent required by paragraph (a) of this subdivision.  (c) The governing body of an eligible split  tax  district  which  has filed a notice of intent pursuant to this subdivision and which does not intend  to  establish  homestead  and non-homestead tax rates may cancel such notice  of  intent,  provided  that  such  cancellation  shall  not prohibit  a  subsequent  filing  of the notice of intent. A copy of such cancellation shall be filed with the appropriate  assessors  and  county director of real property tax services.   2.  Classification  of  assessment rolls; assessor certification. Upon receiving notice pursuant to  subdivision  one  of  this  section,  each assessor  who  prepares  an assessment roll used in whole or in part for the levy of the taxes by such eligible split tax district shall classify in either the homestead or non-homestead class each property  listed  on such  roll  or on the part thereof applicable to such tax district. Such classification  of   individual   properties   shall   be   subject   to administrative  and  judicial  review pursuant to title one-A of article five and title one of article seven of this chapter. Upon completion and filing  of  a  final  assessment  roll  classified  pursuant   to   this subdivision,  the  assessor  shall certify to the authorities of the tax district the total assessed value and total taxable  assessed  value  of the  real  property subject to taxation for purposes of the tax district in the homestead and non-homestead class,  respectively,  as  determined from  such  assessment  roll  or  part  thereof  applicable  to  the tax district. The classification  and  certification  requirements  of  this subdivision  shall  apply  until the governing body of an eligible split tax district either cancels the notice of intent to establish  homestead and  non-homestead tax rates pursuant to subdivision one of this section or rescinds  a  resolution  adopting  the  provisions  of  this  section pursuant to subdivision five of this section.   3.  Adoption.  The  governing  body  of an eligible split tax district which has filed a notice of intent pursuant to subdivision one  of  this section  may  adopt  the  provisions  of  this  section  by  resolution, following a public hearing, at  any  time  prior  to  the  levy  of  the district's  taxes.    Prior notice of such hearing shall be published at least once in a newspaper having general circulation in the tax district and shall be provided to the  governing  body  of  each  city  and  town located  wholly  or  partially within the tax district. Adoption of such resolution shall require use of homestead and  non-homestead  tax  rates calculated  pursuant  to  subdivision  four  of  this  section  for  all subsequent tax levies until such resolution is rescinded as provided  in subdivision  five  of  this  section. A copy of such resolution shall be  filed with the body, officer or employee that computes the tax rates and the county director of real property tax services.   4.  Calculation  of  tax  rates.  (a)  Equalization  by class. The tax authorities shall determine for the homestead and non-homestead classes, respectively, the total full valuation and total taxable full  valuation of  the  real property subject to taxation for district purposes in each city or town or part thereof included within the tax district. The total full valuation of a class in a city or town or  part  thereof  shall  be computed  by  dividing  the  total assessed value of the property in the class by the  state  equalization  rate  or  special  equalization  rate prescribed  in  section  thirteen  hundred fourteen of this chapter. The total taxable full valuation of a class  in  a  city  or  town  or  part thereof  shall  be computed by dividing the total taxable assessed value of the property in the class by the state equalization rate  or  special equalization  rate  prescribed  in  section thirteen hundred fourteen of this chapter.  (b) Aggregate tax district homestead  and  non-homestead  proportions. The  governing  body  of  the  tax  district  shall  establish by annual resolution  an  aggregate  tax  district  homestead  proportion  and  an aggregate  tax  district  non-homestead  proportion.  The  aggregate tax district  homestead  proportion  shall  be  computed  by  dividing   the aggregate  taxable  full valuation of the real property in the homestead class in the tax district as a  whole  by  the  aggregate  taxable  full valuation  of  the real property in both the homestead and non-homestead classes in the tax district as  a  whole.  The  aggregate  tax  district non-homestead  proportion shall be computed by subtracting the aggregate tax district homestead proportion from the whole number one.  (c) Aggregate homestead and non-homestead tax  shares.  The  governing body  of  the  tax  district  shall  determine  by annual resolution the percentage of the tax levy to be allocated to  each  class  in  the  tax district as a whole by establishing an aggregate homestead tax share and an  aggregate non-homestead tax share. The aggregate homestead tax share shall be no less than seventy-five percent and no more than one  hundred percent  of  the aggregate tax district homestead proportion, subject to the following constraints:  (i) the aggregate non-homestead tax share shall not exceed one hundred twenty-five  percent  of  the  aggregate  tax   district   non-homestead proportion;  (ii) where more than fifty-seven and one-half percent of the aggregate taxable  full  valuation of the real property in the non-homestead class in the eligible split tax district which is a school district as a whole is attributable to non-homestead real property located in  one  or  more city  or  town approved assessing units which have in effect a local law adopted pursuant to section nineteen hundred three of this article,  the aggregate  non-homestead  tax  share  shall not exceed the non-homestead base proportion,  adjusted  non-homestead  base  proportion  or  locally adjusted  non-homestead  proportion  certified  pursuant  to subdivision seven of such section nineteen hundred three or where the eligible split tax district which is a school district is located in more than one such city or town, an average of  such  proportions  weighted  by  the  total taxable  full  valuation of the non-homestead class in each such city or town or part thereof within the eligible split tax district which  is  a school district; and  (iii)  the sum of the aggregate homestead and non-homestead tax shares shall equal one hundred percent. The governing body of the  tax  district  shall  certify  the  aggregate homestead  and non-homestead tax shares to the body, officer or employee that computes the tax district's tax rates.  (d) Apportionment  by  class.  The  body,  officer  or  employee  that computes  the  tax  district's tax rates shall allocate to the homestead and non-homestead classes in the tax district as a whole,  respectively, a  share  of  the  amount to be raised equal to the applicable aggregate homestead  or non-homestead tax share. The amount to be raised from each such class in the tax district as a  whole  shall  then  be  apportioned separately  among  the cities or towns or parts thereof in which the tax district is located in proportion to the percentage that the total  full valuation  of  the class in each such city or town or part thereof bears to the aggregate total full valuation of the class in the  tax  district as a whole. The amount so apportioned to each class in each city or town shall be the amount to be raised from that class in that city or town.  (e)  Class  tax rates. The body, officer or employee that computes the tax district's tax rates shall compute a  tax  rate  for  the  homestead class  and a separate tax rate for the non-homestead class for each city or town or part thereof in which the tax district is  located.  The  tax rate  for a class in a city or town or part thereof shall be computed by dividing the amount to be raised from the class in that city or town  by the  total  taxable  assessed value of the real property in the class in that city or town or part thereof as entered  on  the  final  assessment roll used for the levy of the tax district's taxes.  (f) Correction and review. The equalization and apportionment required by  this  subdivision  shall  be subject to correction and review to the extent practicable as provided in section thirteen hundred  fourteen  of this chapter.   5.  Rescission.  The  governing body of the tax district may rescind a resolution adopting the provisions of this  section,  without  a  public hearing,  at  any time prior to the levy of taxes for the fiscal year to which such resolution is applicable. A copy of such resolution shall  be filed  with  the  body,  officer  or  employee  that  computes  the  tax district's tax rates, each assessor who prepares an assessment roll used in whole or in part for the levy of the tax  district's  taxes  and  the county director of real property tax services.   6.  Expiration.  A notice of intent shall expire if the governing body fails to adopt the provisions of this  section  within  one  year  after filing  the notice of intent. Upon the expiration of a notice of intent, the classification requirements  of  this  section  shall  cease  to  be applicable,  but  may  be  reinstated  by  the filing of a new notice of intent.