2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2 - Private Property › 467-G - Rebate for Owners of Certain Real Property Seriously Damaged by the Severe Storm That Occurred on the Twenty-Ninth and Thirtieth of October, Two Thousand Twelve in a City Having a Population of One Million or More.

§  467-g. Rebate for owners of certain real property seriously damaged
by the severe storm that occurred on the twenty-ninth and  thirtieth  of
October,  two  thousand  twelve  in  a  city  having a population of one
million or more. 1. Generally.  Notwithstanding  any  provision  of  any
general,  special  or  local  law  to  the  contrary,  any city having a
population of one million or more is hereby authorized and empowered  to
adopt  and  amend  local laws in accordance with this section to grant a
rebate of real property taxes for the fiscal year beginning on the first
of July, two thousand twelve, in the amount provided  in  this  section.
Such rebate shall be paid by the commissioner of finance to an owner who
owned  eligible  real  property  as defined in subdivision three of this
section or a unit in such eligible real property  on  the  thirtieth  of
October,  two thousand twelve. If legal title to eligible real property,
or ownership of shares of stock representing a dwelling unit, is held by
one or more trustees, the beneficial owner or owners shall be deemed  to
own  the  property  or  dwelling  unit  for  purposes  of  this section.
Notwithstanding any provision of this article to the contrary, an  owner
whose  property  is  receiving benefits pursuant to any other section of
this article shall not be prohibited from receiving a rebate pursuant to
this section if such owner is otherwise eligible to receive such rebate.
2. Definitions. As used in this section:
a. "Annual tax" means the amount of real property tax that is  imposed
on  a  property  for the fiscal year beginning on the first of July, two
thousand twelve, determined after reduction for any  amount  from  which
the property is exempt, or which is abated, pursuant to applicable law.
b.  "Assessed valuation" means the assessed valuation of real property
that was used to determine the annual tax as defined in paragraph  a  of
this  subdivision,  and  which is not reduced by any exemption from real
property taxes. For real property classified as class two or class  four
real  property as defined in subdivision one of section eighteen hundred
two of this chapter to  which  subdivision  three  of  section  eighteen
hundred  five  of  this  chapter  applies, the assessed valuation is the
lower of the assessed valuation and transitional assessed  valuation  as
provided  in  subdivision three of section eighteen hundred five of this
chapter, and which is not reduced by any exemption  from  real  property
taxes.
c.  "Commissioner  of  finance" means the commissioner of finance of a
city having a population of one million or more, or his or her designee.
d.  "Cooperative  development"  means,  with  respect  to   properties
described  in subparagraph (c) of paragraph class one of subdivision one
of section eighteen hundred two of this chapter, all of the  properties,
including  the  land  and  improvements thereon, as to which the land is
held by a single cooperative corporation.
e. "Department of buildings" means the department of  buildings  of  a
city having a population of one million or more.
f.  "Department  of finance" means the department of finance of a city
having a population of one million or more.
g. "Owner" means the owner of real property, or  a  tenant-stockholder
of  a unit in real property held in the cooperative form of ownership on
the thirtieth of October, two thousand twelve.
3. Eligible real property. a. For purposes of this section,  "eligible
real  property"  means  any  tax  lot  that contained, on the applicable
taxable status date, class one, class two or class four real property as
such classes of real property are defined in subdivision one of  section
eighteen  hundred  two  of  this chapter, on which any building has been
designated by the department of buildings in accordance with paragraph b
of this subdivision.
b. For purposes of this section, a building has been designated by the
department of buildings if:
(1) during the period beginning on the first of November, two thousand
twelve  and  ending  on  the thirtieth of November, two thousand twelve,
after inspection by the department, such building has been determined to
be seriously damaged  and  unsafe  to  enter  or  occupy  or  completely
demolished  as  a  result  of damage caused by the effects of the severe
storm that occurred on the twenty-ninth and thirtieth  of  October,  two
thousand twelve, and such determination has been indicated by a notation
on  such  department's  records  and/or  by the posting of a red placard
warning on the building; or
(2) during the period beginning on the first of November, two thousand
twelve and ending on the thirtieth of  November,  two  thousand  twelve,
after inspection by the department, such building has been determined to
require  repairs or to have a restricted area and such determination has
been indicated by a notation on such department's records and/or by  the
posting  of  a  yellow  sticker  on  the building, and during the period
beginning on the first of December, two thousand twelve  and  ending  on
the  twenty-eighth of December, two thousand twelve, after inspection by
the department, such  building  has  been  determined  to  be  seriously
damaged  and  unsafe  to  enter  or occupy or completely demolished as a
result of damage caused by the effects of the severe storm that occurred
on the twenty-ninth and thirtieth of October, two thousand  twelve,  and
such determination has been indicated by a notation on such department's
records and/or by the posting of a red placard warning on the building.
4.  Amount  of  rebate.  a. The amount of the rebate to be paid by the
commissioner  of  finance  for  eligible  real  property   pursuant   to
subdivision  one  of  this  section  shall be equal to two-thirds of the
annual tax, multiplied by a fraction, the numerator of which is equal to
that portion of the assessed valuation of  the  eligible  real  property
that  is  attributable  to  the  improvements  on  the property, and the
denominator of which is equal to the total  assessed  valuation  of  the
eligible real property.
b.  Except  as  provided  in  subdivision  five  of  this section, for
property held in the cooperative form of ownership, the  amount  of  the
rebate  to be paid to the owner of a unit therein shall be equal to that
proportion  of  the  amount  calculated  under  paragraph  a   of   this
subdivision  that  is  attributable  to  such unit, as determined by the
proportional relationship of the owner's share or shares of stock in the
cooperative apartment corporation that owns such real  property  to  the
total outstanding stock of the cooperative apartment corporation.
c. Eligible real property with no annual tax shall not be eligible for
a rebate under this section.
5.   Calculation  of  rebate  for  certain  class  one  real  property
consisting of one family house  structures  situated  on  land  held  in
cooperative ownership.
a. Notwithstanding the provisions of subdivision four of this section,
the  amount  of  the rebate to be paid by the commissioner of finance to
the owner of a  building  that  was  designated  by  the  department  of
buildings  in  accordance  with paragraph b of subdivision three of this
section, that is located on eligible real property that is described  in
subparagraph  (c)  of  paragraph class one of subdivision one of section
eighteen hundred two of this chapter, shall be equal  to  two-thirds  of
the  annual  tax  on  the  property  of the cooperative development, (1)
multiplied by a fraction, the  numerator  of  which  is  equal  to  that
portion  of  the assessed valuation of the eligible real property in the
cooperative development that is attributable to the improvements on  the
property,  and  the  denominator of which is equal to the total assessed

valuation of the eligible real property in the cooperative  development,
and (2) multiplied by a second fraction, the numerator of which is equal
to the number of buildings in the cooperative development that have been
designated by the department of buildings in accordance with paragraph b
of  subdivision  three  of this section, and the denominator of which is
the total number of buildings  that  were  located  in  the  cooperative
development as of the twenty-eighth day of October, two thousand twelve,
then  (3)  divided  by  the  number  of  buildings  in  the  cooperative
development that have been designated by the department of buildings  in
accordance with paragraph b of subdivision three of this section.
b. Eligible real property described in this subdivision with no annual
tax shall not be eligible for a rebate under this section.
6.  Mailing  of  rebate. a. The commissioner of finance shall mail the
rebate authorized by this section to the person whose  name  appears  on
the  records  of  the department of finance as the owner of the eligible
real property or unit located therein on the thirtieth of  October,  two
thousand  twelve,  at  an  address  on  the records of the department of
finance as the address of such owner, and if no such address appears  on
the  records  of the department of finance, then to the address, if any,
appearing in the latest assessment roll as the address of the  owner  of
the eligible real property. Notwithstanding the previous sentence, if an
owner  has  notified  the  United  States postal service of a forwarding
address for mail that would otherwise have  been  sent  to  any  of  the
addresses  described  in the previous sentence, then the commissioner of
finance  may  mail  the  rebate  authorized  by  this  section  to  such
forwarding address.
b.  Notwithstanding  paragraph  a of this subdivision, with respect to
any rebate to which an owner of a building that was  designated  by  the
department  of  buildings  in accordance with paragraph b of subdivision
three of this section that is located on eligible real property that  is
described  in subparagraph (c) of paragraph class one of subdivision one
of section eighteen hundred two of this chapter is entitled  under  this
section,  the  commissioner  of  finance  shall  mail  the rebate to the
cooperative development of which the owner's property is a part, at  the
address  on  the  records of the department of finance as the address of
the cooperative corporation that is the owner of the  land  included  in
the  cooperative  development,  and  if  no  such address appears on the
records of the department of finance,  then  to  the  address,  if  any,
appearing  in  the latest assessment roll as the address of the owner of
such land. Notwithstanding the previous  sentence,  if  the  cooperative
corporation   has  notified  the  United  States  postal  service  of  a
forwarding address for mail that would otherwise have been sent  to  any
of   the   addresses  described  in  the  previous  sentence,  then  the
commissioner of finance may mail the rebate authorized by  this  section
to such forwarding address.
7.  Recovery  of  erroneous  rebate.  If  the  commissioner of finance
determines (a) that an owner who received a rebate was not entitled to a
rebate under this section, or (b) that a rebate was paid  or  calculated
in  error  under this section, the commissioner of finance shall recover
or recalculate such rebate and the amount of the  rebate  or  an  amount
equal  to  the  difference  between  the  rebate originally paid and the
amount to which the owner was entitled shall be deducted from any refund
or rebate otherwise payable to the owner, and any balance of such amount
remaining unpaid shall be paid to the commissioner of finance  no  later
than the due and payable date provided on a notice of the amount payable
mailed  by  the  commissioner  of  finance.  Such  amount  payable shall
constitute a tax lien on the real property owned by such owner as of the
due and payable date provided on such notice, and, if not paid  by  such

due and payable date, interest at the rate applicable to delinquent real
property  taxes  on such property shall be charged and collected on such
amount from the due and payable date provided on such notice to the date
of  payment,  and such amount payable shall be enforceable as a tax lien
in accordance with provisions of law relating to the enforcement of  tax
liens in any such city.
8.  Rebate  not deemed a refund. Any rebate authorized by this section
to be paid by the commissioner of finance shall not be deemed  to  be  a
refund of a real property tax payment.
9.  Overpayment.  If,  in  any  proceeding brought pursuant to article
seven of the real property tax law, the assessed valuation  of  eligible
real  property  is reduced for the fiscal year beginning on the first of
July, two thousand twelve, and such reduction results  in  a  return  of
overpayment  of  real  property  taxes  paid with respect to such fiscal
year, the amount of such overpayment shall be reduced by the  amount  of
any  rebate  paid  pursuant  to  this  section.  If  such overpayment is
returned before a rebate is paid pursuant to this section, the amount of
any rebate paid pursuant to this section shall be reduced by the  amount
of such overpayment.
10.  Rulemaking.  The  commissioner  of finance shall be authorized to
promulgate rules necessary to effectuate the purposes of this section.