2023 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.