2023 New York Laws › RPT - Real Property Tax › Article 3 - Taxable Real Property and Standard of Assessment › Title 1 - Assessment of Real Property › 307-A - Additional Tax on Class One Property.

§   307-a.  Additional  tax  on  class  one  property.  1.  Generally.
Notwithstanding any provision of any general, special or  local  law  to
the  contrary,  any  city  with  a  population of one million or more is
hereby authorized and  empowered  to  adopt  and  amend  local  laws  in
accordance with this section imposing an additional tax on certain class
one  properties,  as  such  properties  are  defined in section eighteen
hundred two of this chapter, excluding vacant land.
2. Definitions. As used in this section:
(a) "Commissioner of finance" means the commissioner of finance  of  a
city having a population of one million or more, or his or her designee.
(b)  "Department of finance" means the department of finance of a city
having a population of one million or more.
(c) "Net real property tax" means the real property  tax  assessed  on
class  one  property  after  deduction  for  any  exemption or abatement
received pursuant to this chapter.
3. Additional tax. A local law enacted pursuant to  this  section  may
provide  for  a  real  property  tax  surcharge  in  an amount (a) up to
twenty-five percent of net real  property  taxes  for  the  fiscal  year
beginning July first, two thousand three, and (b) up to fifty percent of
net  real  property  taxes  for  fiscal years beginning on or after July
first, two thousand four.
4. Property subject to additional tax. Such surcharge shall be imposed
on class one property,  excluding  vacant  land,  that  provides  rental
income  and  is not the primary residence of the owner or owners of such
class one property, or the primary residence of the parent or  child  of
such owner or owners.
5.  Rental  income,  primary residence and/or relationship to owner or
owners. The property shall be deemed to be the primary residence of  the
owner  or  owners thereof, if such property would be eligible to receive
the real  property  tax  exemption  pursuant  to  section  four  hundred
twenty-five  of this chapter, regardless of whether such owner or owners
has filed an application for, or the  property  is  currently  receiving
such  exemption.  Proof  of  primary  residence  and  the  resident's or
residents' relationship to the owner or owners and the absence of rental
income shall be in the form of a certification as required by local  law
or the rules of the commissioner.
6.  Rules.  The department of finance of any city enacting a local law
pursuant to this section shall have, in addition to any other functions,
powers and duties which have been or may be conferred on it by law,  the
power  to  make  and  promulgate rules to carry out the purposes of this
section including, but not limited to, rules  relating  to  the  timing,
form and manner of any certification required to be submitted under this
section.
7.  Penalties.  (a)  Notwithstanding  any  provision  of  any general,
special or local law to the  contrary,  an  owner  or  owners  shall  be
personally  liable  for any taxes owed pursuant to this section whenever
such owner or owners fail to comply with this section or the  local  law
or  rules  promulgated  thereunder,  or  makes  such false or misleading
statement or omission and the commissioner determines that such act  was
due  to  the  owner  or  owners'  willful  neglect,  or  that under such
circumstances such act constituted a fraud on the department. The remedy
provided herein for an action in personam shall be in  addition  to  any
other   remedy  or  procedure  for  the  enforcement  of  collection  of
delinquent taxes provided by any general, special or local law.
(b) If the commissioner should determine, within three years from  the
filing of an application or certification pursuant to this section, that
there  was a material misstatement on such application or certification,
he or she shall proceed to impose a penalty tax against the property  of

five  hundred  dollars,  in  accordance  with  the  local  law  or rules
promulgated hereunder.
8. Cessation of use. In the event that a property granted an exemption
from  taxation pursuant to this section ceases to be used as the primary
residence of such owner or owners or his, her or their parent or  child,
such owner or owners shall so notify the commissioner of finance.