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

§  1903.  Homestead base proportion and non-homestead base proportion. 1.  Adoption. (a) The governing body  of  any  approved  assessing  unit except  a  county  may adopt the provisions of this section by local law without referendum provided however, that the local law  is  enacted  no later  than  sixty  days  prior  to  the  completion  of  the  tentative assessment roll to which it  is  applicable.  Upon  such  enactment  the provisions  of  this  section shall be applicable to taxes levied on all final assessment rolls thereafter filed and shall apply to the  levy  of taxes  on  all  real  property  in  such approved assessing unit by such governing body and, where such approved assessing unit is not a village, by each school district wholly contained within such approved  assessing unit.  Upon  enacting  a  local  law  pursuant  to  this  paragraph, the governing body of a city or town shall provide a copy of such local  law to  the  school  authorities  of  each school district located wholly or partially within such city or town  and  the  county  director  of  real property  tax services.  The governing body of a town shall also provide a copy of such  local  law  to  the  governing  body  of  each  eligible non-assessing  unit  village.  The  governing  body  of  a village shall provide a copy of such local law to the county director of real property tax services. Notwithstanding the foregoing, the school  authorities  of any  school  district wholly contained within an approved assessing unit may by resolution provide that the provisions of this article shall  not apply to the levy of school taxes in such school district. In such case, school taxes shall be levied as otherwise provided by law.  (b)  Whenever  a  county  assessing unit becomes an approved assessing unit the governing body of such county may adopt, in the manner provided by paragraph (a) of this subdivision, the  provisions  of  this  section which  shall be applicable to taxes levied on all final assessment rolls thereafter filed and shall apply to  the  levy  of  taxes  on  all  real property  in  such  county  by  such  governing  body  and by each city, village, town and school district wholly within such approved  assessing unit. A copy of such local law shall be filed with the governing body of each such city, village, town and school district.  (c)  The  governing body of an eligible non-assessing unit village may adopt the provisions of this section by enacting  a  local  law  without referendum  no later than thirty days prior to the last date provided by law for the completion and filing of the tentative  assessment  roll  by the  town  in  which  the  village  is located or, where such village is located within a town which has in effect a local law  adopted  pursuant to  this  subdivision, not later than ninety days prior to the last date provided by law for the levy of village taxes. Upon such enactment,  the governing  body  of  such  village  shall have all the powers and duties conferred by this section on the governing body of an approved assessing unit and the provisions of this section shall apply to all village taxes levied following the final completion and filing of such town assessment roll or, where the village is located within a town which has in  effect a  local  law adopted pursuant to this subdivision, to all village taxes levied following adoption of a local law  pursuant  to  this  paragraph, until  such  time  as  such  local  law  is  rescinded  as  provided  in subdivision nine of this section. A copy of  such  local  law  shall  be filed  with  the  town assessor and the county director of real property tax services.   2. Determination of proportions. (a) (i) The governing  body  of  each assessing unit which has adopted the provisions of this section shall in the  first year in which this section shall apply, establish a homestead base proportion and a non-homestead base  proportion  for  the  approved assessing unit and for each portion thereof.  (ii) The governing body of a recertified approved assessing unit which at  the  time  of such recertification has in effect a local law enacted pursuant to subdivision one of this section may by local law reestablish the homestead base proportion and non-homestead base proportion for  the assessing  unit  and  each  portion thereof. Homestead and non-homestead base  proportions  established  pursuant  to  this  subparagraph   shall supersede  the  homestead  and  non-homestead  base proportions, locally adjusted  proportions  or  adjusted  base  proportions  used   for   the immediately  preceding  tax  levy.  The  local  law  authorized  by this subparagraph may be enacted in any year not later than thirty days prior to the last date provided  by  law  for  the  completion  of  the  final assessment  roll.  Copies  of  such  local  law shall be provided to the county director of real property tax services and the commissioner.  (iii) For assessment rolls completed in  nineteen  hundred  ninety-one and  thereafter,  up to and including the assessment roll upon which the base percentage will be computed pursuant to subdivision  five  of  this section,  in  each  year  following the first year in which this section shall apply to an assessing unit which has adopted its  provisions,  the governing  body  of  such assessing unit shall adjust the homestead base proportion and the non-homestead base proportion to reflect the addition to the assessment roll of new property, additions to or improvements  of existing  property  or  formerly  exempt property or the full or partial removal from  the  assessment  roll  of  property  by  reason  of  fire, demolition,  destruction  or  new  exemption  or any change in the class designation of any parcel of real property  subsequent  to  the  taxable status  date  of the latest final assessment roll which has been finally adopted. The  base  proportions  so  adjusted  shall  be  known  as  the homestead base proportion and the non-homestead base proportion.  (iv)  Except  as  provided  in  paragraph  (b) of this subdivision and subdivision four of this section, in any year prior to nineteen  hundred eighty-nine  in  which the commissioner certifies to such governing body adjusted homestead base  proportions  and  adjusted  non-homestead  base proportions,  such governing body shall use such adjusted homestead base proportion and adjusted non-homestead base proportion thereafter for the purposes of this section until new adjusted homestead  base  proportions and adjusted non-homestead base proportions are so certified to it.  (b)  If,  in  the  year nineteen hundred eighty-nine, the commissioner certifies to such governing body adjusted homestead base proportions and adjusted non-homestead base proportions, such governing  body  may,  for tax  levies  based upon assessment rolls completed and filed in nineteen hundred eighty-nine  or  nineteen  hundred  ninety,  use  such  adjusted homestead  base  proportion  and  adjusted non-homestead base proportion thereafter for the purposes of this section, or  alternatively,  it  may use  the  homestead  and  non-homestead  base  proportions, the adjusted homestead and non-homestead base proportions  or  the  locally  adjusted homestead and non-homestead proportions, whichever are appropriate, used for the immediately preceding tax year.   3.  Adjusted  base  proportions  for  assessment  rolls  completed  in nineteen hundred ninety-one or thereafter.  (a) Current base proportions. (i) For each tax  levy  based  upon  the implementation  roll  and  each subsequent roll, the legislative body of each approved assessing unit shall determine the current  homestead  and non-homestead   base   proportion,   the  current  percentage  and  base percentage for the assessing unit  and  each  portion  included  in  its boundaries  and  such  alterations made to such current base proportions made pursuant to subparagraph (iii) of this paragraph no later than  the date  on  which it determines adjusted base proportions pursuant to this section.  (ii) The current base proportion shall be determined pursuant  to  the following  formula:  (1)  Divide the current percentage of each class by the base percentage of such class.  (2)  For  each such class, multiply the result from clause one of this subparagraph by the local base proportion of such class.  (3) Sum the products obtained in clause two of this  subparagraph  and divide the product for each class by such sum.  (iii)  Notwithstanding  the  provisions  of  subparagraph (ii) of this paragraph, the current base proportion of either class shall not  exceed the  adjusted  base  proportion,  base  proportion,  or locally adjusted proportion, whichever is appropriate, of the immediately preceding  year by  more  than five percent. Where the computation performed pursuant to subparagraph (ii) of this paragraph  exceeds  five  percent  for  either class,  the  current  base  proportion of such class shall be limited to such five percent increase and such legislative  body  shall  alter  the current  base  proportions of the remaining class so that the sum of the current base proportions equals one.  (iv) Notwithstanding any  other  provision  of  law,  in  an  approved assessing unit in the county of Suffolk and for current base proportions to  be  determined  by taxes based on such approved assessing unit's two thousand three - two thousand four, two thousand  four  -  two  thousand five  and  two  thousand  five  - two thousand six assessment rolls, the current base proportion of any class shall not exceed the adjusted  base proportion  or  adjusted  proportion,  whichever  is appropriate, of the immediately preceding year by more than two percent, or in the  case  of the  two thousand five--two thousand six, two thousand six--two thousand seven, two thousand seven--two thousand eight, two  thousand  eight--two thousand  nine, two thousand twelve--two thousand thirteen, two thousand thirteen--two thousand fourteen,  two  thousand  fourteen--two  thousand fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand sixteen--two thousand seventeen, two  thousand  seventeen--two  thousand eighteen,  two  thousand  eighteen--two  thousand nineteen, two thousand nineteen--two  thousand  twenty,  two  thousand   twenty--two   thousand twenty-one,   and   two  thousand  twenty-one--two  thousand  twenty-two assessment rolls, one percent. Where the  computation  of  current  base proportions  would  otherwise  produce  such  result,  the  current base proportion of such class or classes shall be limited to such two percent or one percent increase whichever is  applicable,  and  the  legislative body  of  such  approved  assessing  unit  shall  alter the current base proportion of  either  class  so  that  the  sum  of  the  current  base proportions equals one.  (v)  Notwithstanding  any  other  provision  of  law,  in  an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand four assessment roll, the current base proportion of any  class shall  not  exceed  the adjusted base proportion or adjusted proportion, whichever is appropriate, of the immediately preceding year by more than one percent.  Where the computation of current  base  proportions  would otherwise produce such result, the current base proportion of such class or  classes  shall  be  limited  to  such  one  percent increase and the legislative body of such approved assessing unit shall alter the current base proportion of either class so that the  sum  of  the  current  base proportions equals one.  (vi)  Notwithstanding  any  other  provision  of  law,  in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand five assessment roll, the current base proportion of any  class shall  not  exceed  the adjusted base proportion or adjusted proportion,  whichever is appropriate, of the immediately preceding year by more than one percent. Where the computation of  current  base  proportions  would otherwise produce such result, the current base proportion of such class or  classes  shall  be  limited  to  such  one  percent increase and the legislative body of such approved assessing unit shall alter the current base proportion of either class so that the  sum  of  the  current  base proportions equals one.  (vii)  Notwithstanding  any  other  provision  of  law, in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand six assessment roll, the current base proportion of  any  class shall  not  exceed  the adjusted base proportion or adjusted proportion, whichever is appropriate, of the immediately preceding year by more than one percent. Where the computation of  current  base  proportions  would otherwise produce such result, the current base proportion of such class or  classes  shall  be  limited  to  such  one  percent increase and the legislative body of such approved assessing unit shall alter the current base proportion of either class so that the  sum  of  the  current  base proportions equals one.  (viii)  Notwithstanding  any  other  provision  of law, in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand seven assessment roll, the current base proportion of any class shall not exceed the adjusted base proportion  or  adjusted  proportion, whichever is appropriate, of the immediately preceding year by more than one  percent.  Where  the  computation of current base proportions would otherwise produce such result, the current base proportion of such class or classes shall be  limited  to  such  one  percent  increase  and  the legislative body of such approved assessing unit shall alter the current base  proportion  of  either  class  so that the sum of the current base proportions equals one.  (ix) Notwithstanding any  other  provision  of  law,  in  an  approved assessing  unit in the town of Colonie, county of Albany and for current base proportions to be  determined  by  taxes  based  on  such  approved assessing  unit's  two  thousand seven assessment roll, the current base proportion of any class shall not exceed the adjusted base proportion or adjusted  proportion,  whichever  is  appropriate,  of  the  immediately preceding  year  by  more  than  one  percent.  Where the computation of current base  proportions  would  otherwise  produce  such  result,  the current  base  proportion  of  such class or classes shall be limited to such one percent increase and the  legislative  body  of  such  approved assessing  unit  shall alter the current base proportion of either class so that the sum of the current base proportions equals one.  (x) Notwithstanding  any  other  provision  of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions to be determined by taxes based on such approved  assessing  unit's  two thousand eight assessment roll, the current base proportion of any class shall  not  exceed  the adjusted base proportion or adjusted proportion, whichever is appropriate, of the immediately preceding year by more than one percent. Where the computation of  current  base  proportions  would otherwise produce such result, the current base proportion of such class or  classes  shall  be  limited  to  such  one  percent increase and the legislative body of such approved assessing unit shall alter the current base proportion of either class so that the  sum  of  the  current  base proportions equals one.  (xi)  Notwithstanding  any  other  provision  of  law,  in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two  thousand nine assessment roll, the current base proportion of any  class shall  not  exceed  the adjusted base proportion or adjusted proportion, whichever is appropriate, of the immediately  preceding  year,  by  more than  one  percent.  Where  the  computation of current base proportions would otherwise produce such result, the current base proportion of such class or classes shall be limited to such one percent increase  and  the legislative body of such approved assessing unit shall alter the current base  proportion  of  either  class  so that the sum of the current base proportions equals one.  (xii) Notwithstanding any other  provision  of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions to be determined by taxes based on such approved  assessing  unit's  two thousand  ten  assessment roll, the current base proportion of any class shall not exceed the adjusted base proportion  or  adjusted  proportion, whichever  is  appropriate,  of  the immediately preceding year, by more than one percent, provided that such approved assessing unit has  passed a  local  law,  ordinance  or  resolution  providing therefor. Where the computation of current base proportions  would  otherwise  produce  such result,  the  current  base proportion of such class or classes shall be limited to such one percent increase and the legislative  body  of  such approved  assessing  unit  shall  alter  the  current base proportion of either class so that the sum of the current base  proportion  of  either class equals one.  (xiii)  Notwithstanding  any  other  provision  of law, in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand eleven and two thousand twelve assessment  rolls,  the  current base  proportion  of  any  class  shall  not  exceed  the  adjusted base proportion or adjusted proportion,  whichever  is  appropriate,  of  the immediately preceding year, by more than one percent, provided that such approved  assessing unit has passed a local law, ordinance or resolution providing therefor. Where the computation of  current  base  proportions would otherwise produce such result, the current base proportion of such class  or  classes shall be limited to such one percent increase and the legislative body of such approved assessing unit shall alter the current base proportion of either class so that the  sum  of  the  current  base proportions equals one.  (xiv)  Notwithstanding  any  other  provision  of  law, in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand thirteen roll, the current base proportion of any  class  shall not   exceed  the  adjusted  base  proportion  or  adjusted  proportion, whichever is appropriate, of the immediately  preceding  year,  by  more than  one percent, provided that such approved assessing unit has passed a local law, ordinance  or  resolution  providing  therefor.  Where  the computation  of  current  base  proportions would otherwise produce such result, the current base proportion of such class or  classes  shall  be limited  to  such  one percent increase and the legislative body of such approved assessing unit shall  alter  the  current  base  proportion  of either class so that the sum of the current base proportions equals one.  (xv)  Notwithstanding  any  other  provision  of  law,  in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand fourteen roll, the current base proportion of any  class  shall not   exceed  the  adjusted  base  proportion  or  adjusted  proportion, whichever is appropriate, of the immediately  preceding  year,  by  more than  one percent, provided that such approved assessing unit has passed a local law, ordinance  or  resolution  providing  therefor.  Where  the  computation  of  current  base  proportions would otherwise produce such result, the current base proportion of such class or  classes  shall  be limited  to  such  one percent increase and the legislative body of such approved  assessing  unit  shall  alter  the  current base proportion of either class so that the sum of the current base proportions equals one.  (xvi) Notwithstanding any other  provision  of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions to be determined by taxes based on such approved  assessing  unit's  two thousand  fifteen  roll,  the current base proportion of any class shall not  exceed  the  adjusted  base  proportion  or  adjusted   proportion, whichever  is  appropriate,  of  the immediately preceding year, by more than one percent, provided that such approved assessing unit has  passed a  local  law,  ordinance  or  resolution  providing therefor. Where the computation of current base proportions  would  otherwise  produce  such result,  the  current  base proportion of such class or classes shall be limited to such one percent increase and the legislative  body  of  such approved  assessing  unit  shall  alter  the  current base proportion of either class so that the sum of the current base proportions equals one.  (xvii) Notwithstanding any other provision  of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions to be determined by taxes based on such approved  assessing  unit's  two thousand  sixteen  roll,  the current base proportion of any class shall not  exceed  the  adjusted  base  proportion  or  adjusted   proportion, whichever  is  appropriate,  of  the immediately preceding year, by more than one percent, provided that such approved assessing unit has  passed a  local  law,  ordinance  or  resolution  providing therefor. Where the computation of current base proportions  would  otherwise  produce  such result,  the  current  base proportion of such class or classes shall be limited to such one percent increase and the legislative  body  of  such approved  assessing  unit  shall  alter  the  current base proportion of either class so that the sum of the current base proportions equals one.  (xviii) Notwithstanding any other provision of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions to be determined by taxes based on such approved  assessing  unit's  two thousand  seventeen roll, the current base proportion of any class shall not  exceed  the  adjusted  base  proportion  or  adjusted   proportion, whichever  is  appropriate,  of  the immediately preceding year, by more than one percent, provided that such approved assessing unit has  passed a  local  law,  ordinance  or  resolution  providing therefor. Where the computation of current base proportions  would  otherwise  produce  such result,  the  current  base proportion of such class or classes shall be limited to such one percent increase and the legislative  body  of  such approved  assessing  unit  shall  alter  the  current base proportion of either class so that the sum of the current base proportions equals one.  (xix) Notwithstanding any other  provision  of  law,  in  an  approved assessing  unit  in  the  town of Orangetown, county of Rockland and for current base proportions  to  be  determined  by  taxes  based  on  such approved  assessing unit's two thousand eighteen--two thousand nineteen, two thousand nineteen--two thousand  twenty,  two  thousand  twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two assessment  rolls,  the  current  base proportion of any class shall not exceed the adjusted base proportion or adjusted proportion, whichever is appropriate, of  the  immediately  preceding  year,  by  more  than  one percent,  provided  that such approved assessing unit has passed a local law, ordinance or resolution providing therefor. Where  the  computation of  current  base  proportions  would otherwise produce such result, the current base proportion of such class or classes  shall  be  limited  to such  one  percent  increase  and  the legislative body of such approved  assessing unit shall alter the current base proportion of  either  class so that the sum of the current base proportions equals one.   * (xx)  Notwithstanding  any  other  provision  of law, in an approved assessing unit in the town of Clarkstown, county  of  Rockland  and  for current  base  proportions  to  be  determined  by  taxes  based on such approved assessing unit's two thousand seventeen--two thousand eighteen, two thousand eighteen--two thousand nineteen, two thousand nineteen--two thousand twenty,  two  thousand  twenty--two  thousand  twenty-one,  two thousand  twenty-one--two  thousand  twenty-two  assessment  rolls,  the current base proportion of any class shall not exceed the adjusted  base proportion  or  adjusted  proportion,  whichever  is appropriate, of the immediately preceding year, by more than one percent, provided that such approved assessing unit has passed a local law, ordinance or  resolution providing  therefor.  Where  the computation of current base proportions would otherwise produce such result, the current base proportion of such class or classes shall be limited to such one percent increase  and  the legislative body of such approved assessing unit shall alter the current base  proportion  of  either  class  so that the sum of the current base proportions equals one.   * NB There are 2 sbpar (xx)'s   * (xx) Notwithstanding any other provision  of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions determined by taxes based on such approved assessing unit's two thousand eighteen roll, the current base proportion of any class shall not exceed the adjusted  base  proportion  or  adjusted  proportion,  whichever  is appropriate,  of  the  immediately  preceding  year,  by  more  than one percent, provided that such approved assessing unit has passed  a  local law,  ordinance  or resolution providing therefor. Where the computation of current base proportions would otherwise  produce  such  result,  the current  base  proportion  of  such class or classes shall be limited to such one percent increase and the  legislative  body  of  such  approved assessing  unit  shall alter the current base proportion of either class so that the sum of the current base proportions equals one.   * NB There are 2 sbpars (xx)'s  (xxi) Notwithstanding any other  provision  of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions to be determined by taxes based on such approved  assessing  unit's  two thousand  nineteen  roll, the current base proportion of any class shall not  exceed  the  adjusted  base  proportion  or  adjusted   proportion, whichever  is  appropriate,  of  the immediately preceding year, by more than one percent, provided that such approved assessing unit has  passed a  local  law,  ordinance  or  resolution  providing therefor. Where the computation of current base proportions  would  otherwise  produce  such result,  the  current  base proportion of such class or classes shall be limited to such one percent increase and the legislative  body  of  such approved  assessing  unit  shall  alter  the  current base proportion of either class so that the sum of the current base proportions equals one.  (xxii) Notwithstanding any other provision  of  law,  in  an  approved assessing  unit in the county of Nassau and for current base proportions to be determined by taxes based on such approved  assessing  unit's  two thousand  twenty  assessment  roll,  the  current base proportion of any class  shall  not  exceed  the  adjusted  base  proportion  or  adjusted proportion, whichever is appropriate, of the immediately preceding year, by more than one percent, provided that such approved assessing unit has passed  a  local  law, ordinance or resolution providing therefor. Where the computation of current base proportions would otherwise produce such result, the current base proportion of such class or  classes  shall  be limited  to  such  one percent increase and the legislative body of such  approved assessing unit shall  alter  the  current  base  proportion  of either class so that the sum of the current base proportions equals one.  (xxiii)  Notwithstanding  any  other  provision of law, in an approved assessing unit in the county of Nassau and for current base  proportions to  be  determined  by taxes based on such approved assessing unit's two thousand twenty-one assessment roll, the current base proportion of  any class  shall  not  exceed  the  adjusted  base  proportion  or  adjusted proportion, whichever is appropriate, of the immediately preceding year, by more than one percent, provided that such approved assessing unit has passed a local law, ordinance or resolution  providing  therefor.  Where the computation of current base proportions would otherwise produce such result,  the  current  base proportion of such class or classes shall be limited to such one percent increase and the legislative  body  of  such approved  assessing  unit  shall  alter  the  current base proportion of either class so that the sum of the current base proportions equals one.  (b) For the purposes of this section,  the  base  percentage  and  the current  percentage of each class and for each portion shall be computed pursuant to this subdivision.  (i) Base percentage. The base  percentage  for  each  class  for  each assessing unit and portion thereof shall be determined as follows:  (1) Determine the estimated market value of each class by dividing the taxable  assessed  value  of  the  real  property  in  each class in the approved assessing unit and portion thereof appearing on the first final assessment  roll  for  which  the  commissioner  has  established  class equalization  rates  by  the  class  equalization rate which was finally adopted by the  commissioner  for  such  roll.  Provided,  that  if  the homestead  and  non-homestead base proportions have been adjusted by the governing body of the approved assessing unit so as to reflect  physical or  quantity changes occurring after the filing of such final assessment roll, the commissioner shall make the same adjustments to the  estimated market value of each class determined pursuant to this paragraph.  (2)  Determine  the  total  estimated  market  value  of  the approved assessing unit or portion thereof by summing the estimated market  value of each class.  (3)  Divide  the  estimated  market  value for each class by the total estimated market  value  of  the  approved  assessing  unit  or  portion thereof.   Such quotient, as expressed as a percentage to at least four places to the  right  of  the  decimal point, shall be the base percentage of each class for such approved assessing unit or portion thereof.  (ii) Current percentage. The current percentage  for  each  class  for each assessing unit and portion thereof shall be determined as follows:  (1) Determine the estimated market value of each class by dividing the taxable  assessed  value  of  the  real  property  in  each class in the approved assessing unit and portion  thereof  appearing  on  the  latest final  assessment  roll  for  which  class  equalization rates have been finally adopted by the commissioner by the class equalization rate which was finally adopted by the commissioner.  (2) Determine  the  total  estimated  market  value  of  the  approved assessing  unit or portion thereof by summing the estimated market value of each class.  (3) Divide the estimated market value for  each  class  by  the  total estimated  market  value  of  the  approved  assessing  unit  or portion thereof.   Such quotient, as expressed as a percentage to at least four places to the right of the decimal point, shall be the current percentage of  each class for such approved assessing unit or portion thereof.  (c)  Where  there was no taxable real property in a class in a portion on the base assessment roll, the local base proportion, base percentages and current percentages for such portion shall be determined as provided by this paragraph for each tax levy based upon an assessment roll  filed subsequent to the assessment roll on which such property first appears.  (i)  The  local  base proportions shall be the adjusted proportions or adjusted  base  proportions,  whichever  are   appropriate,   determined pursuant  to this section for the assessment roll on which such property first appears.  (ii) The base  percentage  for  each  class  shall  be  determined  as follows:  (1)  For  the class other than the class appearing for the first time, determine the estimated market value by dividing  the  taxable  assessed value  of  the  real  property  in the class in the portion on the final assessment roll on which the new  class  first  appeared  by  the  class equalization  rate  determined  for  such  class in such portion on such roll.  (2) For  the  class  appearing  for  the  first  time,  determine  the estimated  market  value  of such class by dividing the taxable assessed value of the real property in such class on the final assessment roll on which  such  class  first  appeared  by  the  class  equalization   rate determined  for  such class in the approved assessing unit on such final assessment roll.  (3) Determine the total estimated  market  value  of  the  portion  by summing the estimated market value of each class.  (4)  Divide  the  estimated  market  value for each class by the total estimated market value of the portion. Such quotient, as expressed as  a percentage  to  at  least four places to the right of the decimal point, shall be the base percentage of each class for such portion.  (iii) Current percentages shall be determined as otherwise provided by this section, except that until the commissioner can determine  a  class equalization  rate  for  the  new  class  in  such  portion,  the  class equalization rate for the class in the approved assessing unit shall  be used in lieu thereof.  (d)  Adjusted  base proportions. No later than five days subsequent to the filing of the final assessment roll, or thirty  days  prior  to  the last  date  prescribed by law for the first levy of taxes upon the final assessment roll, whichever  is  later,  the  legislative  body  of  such assessing unit shall adjust such current base proportions to reflect the addition  to  the  assessment  roll  of  new  property,  additions to or improvements of existing property or formerly  exempt  property  or  the full  or  partial removal from the assessment roll of property by reason of fire, demolition, destruction or new exemption or any change  in  the class  designation  of  any  parcel  of  real property subsequent to the taxable status date of the latest final assessment roll for which  class equalization   rates   have  been  finally  adopted.  The  current  base proportions so adjusted shall be known as  the  adjusted  homestead  and non-homestead base proportions.  (e)  Upon  determination  of  the adjusted homestead and non-homestead base proportions, the legislative body  of  such  assessing  unit  shall within  five  days  notify  the commissioner, on forms prescribed by the commissioner,  of  the  adjusted  homestead   and   non-homestead   base proportion as computed pursuant to paragraph (c) of this subdivision for each  class applicable to such assessing unit and each portion contained therein; the assessed value of all  property  in  each  class  for  such assessing  unit  and  each  portion contained therein; the net change in assessed value for each class on the assessment roll resulting from  the additions  to  or  removals  from  the  assessment  roll  referred to in  paragraph (c) of this subdivision  for  such  assessing  unit  and  each portion contained therein; and the net change in assessed value for each class  on  the  assessment  roll resulting from changes other than those referred to in paragraph (c) of this subdivision for such assessing unit and each portion contained therein.  (f)   The  commissioner  shall  review  such  adjusted  homestead  and non-homestead base proportions for accuracy  of  its  determination  and compliance  with  the  provisions  of this subdivision. The commissioner shall complete its review no later than ninety days after the receipt of such  adjusted  homestead  and  non-homestead  base   proportions.   The commissioner   shall  notify  the  legislative  body  of  such  approved assessing  unit  of  any  adjusted  homestead  and  non-homestead   base proportions  to  which  it  objects  and the reasons therefor. A hearing shall  be  conducted  by  the  commissioner  within   ten   days   after notification  of  such objection. The provisions of section five hundred twenty-five of this chapter shall apply  so  far  as  practicable  to  a hearing under this section. After the hearing, if the commissioner finds that the adjusted homestead and non-homestead base proportions have been determined  incorrectly,  it  shall direct the local legislative body to redetermine the adjusted homestead and non-homestead base proportions in compliance with its findings.  (g) If the legislative body of the approved assessing  unit  discovers that  a mathematical error was made in the determination of the adjusted homestead and non-homestead base proportions,  or  is  directed  by  the commissioner  after  a hearing to redetermine the adjusted homestead and non-homestead  base  proportions,  it  shall  redetermine  the  adjusted homestead  and non-homestead base proportions prior to the levy of taxes for that fiscal year. If the redetermination cannot be made prior to the extension of taxes for that fiscal year,  the  tax  levying  body  shall adjust  the  tax  levy  for  the  ensuing fiscal year to account for the improper apportionment of taxes which resulted from  the  error  in  the determination   of   the   adjusted  homestead  and  non-homestead  base proportions, upon notice to the commissioner.  (h) Where there is a new portion that  did  not  appear  on  the  base assessment roll, the local base proportion, base percentages and current percentages  for  each  class  in  such  portion  shall be determined as provided in paragraph (c) of this subdivision  for  a  new  class  in  a portion.   4.  Locally-adjusted  proportions. (a) In the first year in which this section applies, the governing body of such assessing unit may alter the homestead base proportion of such assessing unit or for any  portion  by subtracting  the  homestead  base proportion from the initial percentage for the homestead class and multiplying the difference by  ten  percent, twenty  percent,  twenty-five  percent,  thirty  percent, forty percent, fifty percent, sixty percent,  seventy  percent,  seventy-five  percent, eighty  percent,  ninety  percent  or  one  hundred percent; the product thereof shall be added to the homestead base  proportion  and  such  sum shall  be the locally-adjusted homestead proportion, which shall be used for all purposes of this section until a new locally adjusted proportion is adopted by such governing body or until an  adjusted  homestead  base proportion   is   determined   by   such   governing   body.   Where   a locally-adjusted homestead proportion is established  pursuant  to  this paragraph,  the locally-adjusted non-homestead proportion shall be equal to the difference between the whole number one and the  locally-adjusted homestead proportion.  (b)  In  each  year after the first year in which this section applies and  until  an  adjusted  homestead   base   proportion   and   adjusted non-homestead  base proportion are determined by the governing body, the  governing  body   may   alter   the   homestead   base   proportion   or locally-adjusted   homestead  proportion,  whichever  was  used  in  the immediately  preceding  levy,  by  subtracting   such   homestead   base proportion  from  the  interim  percentage  for  the homestead class and multiplying the difference by ten percent, twenty  percent,  twenty-five percent,  thirty  percent,  forty percent, fifty percent, sixty percent, seventy percent, seventy-five percent, eighty percent, ninety percent or one hundred  percent;  the  product  thereof  shall  be  added  to  such proportion   and  such  sum  shall  be  the  locally-adjusted  homestead proportion, which shall be used for the purposes of this section until a new adjusted homestead base proportion is determined  by  the  governing body.  Where  a  locally-adjusted  homestead  proportion  is established pursuant  to  this   paragraph,   the   locally-adjusted   non-homestead proportion shall be equal to the difference between the whole number one and the locally-adjusted homestead proportion.  (c)  When  the  governing  body  determines an adjusted homestead base proportion  and  an  adjusted   non-homestead   base   proportion,   the locally-adjusted homestead proportion and locally-adjusted non-homestead proportion used in the immediately preceding tax levy shall no longer be used for the purposes of this section. The governing body may alter such adjusted  homestead  base  proportion  of such assessing unit or for any portion by subtracting such proportion from the current  percentage  for the  homestead  class  and  multiplying  the  difference by ten percent, twenty percent, twenty-five  percent,  thirty  percent,  forty  percent, fifty  percent,  sixty  percent,  seventy percent, seventy-five percent, eighty percent, ninety percent  or  one  hundred  percent;  the  product thereof  shall  be  added  to  such proportion and such sum shall be the locally-adjusted homestead proportion,  which  shall  be  used  for  the purposes  of this section until a new adjusted homestead base proportion is determined by the governing body. Where a locally-adjusted  homestead proportion    is   established   pursuant   to   this   paragraph,   the locally-adjusted  non-homestead  proportion  shall  be  equal   to   the difference  between  the  whole  number  one  and  the  locally-adjusted homestead proportion.   5. Assessing unit levies. The governing body  of  each  such  approved assessing  unit  shall,  in  each  year  in  which this section applies, allocate to the homestead class a share of taxes levied by it  equal  to the  applicable  homestead  base  proportion,  adjusted  homestead  base proportion or locally-adjusted homestead proportion  for  the  assessing unit or portion thereof. The remainder of such levies shall be allocated to  the non-homestead class utilizing the non-homestead base proportion, adjusted non-homestead base proportion or locally-adjusted non-homestead proportion, as appropriate.   6. Levies in school districts  wholly  contained  within  an  approved assessing  unit and counties which are approved assessing units. (a) The governing body of any approved assessing unit other than a county, which has adopted the provisions of this section shall annually certify to the chief fiscal officer of each school  district  wholly  contained  within such  assessing  unit  and to the commissioner, the applicable homestead base proportions and non-homestead base proportions, adjusted  homestead and   non-homestead   base  proportions  or  locally-adjusted  homestead proportions  and  locally-adjusted   non-homestead   proportions.   Such certification  shall  be  made  at  the same time as the delivery of the assessment roll to such school district.  (b) The governing body of any  approved  assessing  unit  which  is  a county  and  has  adopted  the provisions of this section shall annually certify to the chief fiscal officer of such county, to such  officer  of each  city,  village,  town or school district which levies taxes on its  roll, and to the commissioner, the applicable homestead base  proportion and  non-homestead base proportion, adjusted homestead and non-homestead base  proportion  or   locally   adjusted   homestead   proportion   and locally-adjusted  non-homestead  proportion. Such certification shall be made at the same time as the delivery of the  assessment  roll  to  such county, city, village, town, or school district.  (c)  Each  such officer shall allocate, to the homestead class of such portion, a share of the tax levied on such portion  in  accordance  with the  other  applicable  provisions  of  law equal to such homestead base proportion, adjusted  homestead  base  proportion,  or  locally-adjusted homestead  proportion.  The remainder of such levy shall be allocated to the non-homestead class utilizing  the  non-homestead  base  proportion, non-homestead    adjusted    base    proportion,   or   locally-adjusted non-homestead proportion, as appropriate.  (i) For taxes levied based on  assessment  rolls  completed  prior  to nineteen  hundred  eighty-nine,  unless a new locally-adjusted homestead proportion and locally-adjusted non-homestead proportion is certified to such an officer by such  governing  body,  in  any  year  in  which  the commissioner  certifies  to  such  an officer an adjusted homestead base proportion and adjusted  non-homestead  base  proportion,  such  officer shall   use   such  adjusted  homestead  base  proportion  and  adjusted non-homestead base  proportion  thereafter  for  the  purposes  of  this section  until  a  new  adjusted  homestead base proportion and adjusted non-homestead base proportion are so certified.  (ii) If, in the year nineteen hundred  eighty-nine,  the  commissioner certifies adjusted homestead base proportions and adjusted non-homestead base proportions, the governing body of the approved assessing unit may, for  tax  levies  based  upon  assessment  rolls  completed and filed in nineteen hundred  eighty-nine  or  nineteen  hundred  ninety,  use  such adjusted  homestead  and non-homestead base proportions for the purposes of this paragraph, or alternatively, such body may use the homestead and non-homestead base  proportions,  the  locally  adjusted  homestead  and non-homestead  proportions  or  the adjusted homestead and non-homestead base proportions, whichever is appropriate,  used  for  the  immediately preceding tax year.  (iii)  For  taxes levied based on assessment rolls completed and filed in nineteen hundred ninety-one and thereafter,  the  officer  shall  use such   base  proportions,  adjusted  homestead  and  non-homestead  base proportions or locally adjusted homestead and non-homestead  proportions as  are  certified  to  him  in that year by the legislative body of the approved assessing unit, pursuant to the requirements of this section.   7. Annual certification by approved  assessing  units.  The  governing body  of  any  approved  assessing unit, other than a village, which has adopted the provisions of this section shall  certify  annually  to  the school authorities of each school district which contains such assessing unit  or a portion thereof that the local law adopting the provisions of this section is in  effect.  Such  certification  shall  set  forth  the homestead  and non-homestead base proportions established for the school district  portion,  the  adjusted  homestead  and   non-homestead   base proportions   or,   if  locally  adjusted  homestead  and  non-homestead proportions  have  been  established  for  such  portion,  such  locally adjusted   homestead   and   non-homestead   proportions,  whichever  is applicable. Such certification shall be made at the  same  time  as  the delivery of the current assessment roll to such school district.   8. Placing on or removal from assessment roll. 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.   9.  Rescission.  The  governing body of any approved assessing unit or eligible non-assessing unit village which has adopted the provisions  of this section may by local law without referendum, no later than the last date  prescribed by law for the levy of taxes upon an assessment roll to which it would otherwise be applicable, determine that the provisions of this section shall no longer apply  to  any  subsequent  levies  on  its assessment  roll.  A  copy  of  such  local law shall be provided to the municipal corporations, bodies and officers receiving  copies  of  local laws enacted pursuant to subdivision one of this section.   10.  Determination. The determination of inclusion within or exclusion from the homestead class or non-homestead class  for  purposes  of  this section  shall  be  subject  to  administrative  and  judicial review as provided by law for review of assessments.