2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2 - Private Property › 425-A - Abatement of County Taxes in Special Assessing Units.

§  425-a.  Abatement  of  county  taxes in special assessing units. 1.
Local option. The local legislative body of a county that is  a  special
assessing  unit  may  provide  by local law for the partial abatement of
county taxes pursuant to this section. Such  abatement  shall  apply  to
assessment  rolls  beginning with the roll finally completed in the year
two thousand two, and continuing through and including the roll  finally
completed in the year two thousand twenty-eight unless such local law is
sooner repealed.
2.  Eligible property. The property of a senior citizen that qualifies
for and receives the enhanced exemption pursuant to subdivision four  of
section  four  hundred  twenty-five  of this title shall be qualified to
receive the abatement provided by this section.
3. Procedure. A separate application shall not  be  required  for  the
abatement. The assessor of such special assessing unit shall compute and
apply  the  abatement  when  extending  the  tax  on  eligible property.
Eligibility for such abatement shall be determined annually; a  property
that becomes eligible for a year subsequent to the initial year in which
such  abatement  is  authorized by local law shall receive the abatement
for such subsequent year and for each year thereafter while  it  remains
eligible  and  until the authorization for the abatement expires. If the
enhanced exemption granted pursuant to subdivision four of section  four
hundred  twenty-five of this title is later discontinued or revoked, the
abatement given pursuant to this section shall likewise be  discontinued
or  revoked.  If  eligibility  for  the  abatement  or the amount of the
abatement changes after the  extension  of  taxes,  the  assessor  shall
notify  the  official responsible for the collection or refund of taxes,
who shall calculate  and  impose  or  refund  the  difference  in  taxes
accordingly.
4.  Computation  of  abatement  by  local  legislative  body.  (a) The
abatement given pursuant to this section shall eliminate all or part  of
the  tax  that  results from any increase in the general county tax rate
applicable to the assessment roll finally completed in calendar year two
thousand two as compared to the tax rate applicable  to  the  assessment
roll  finally  completed in calendar year two thousand one. It shall not
limit increases in tax that result from changes in  the  full  value  or
taxable  value  of  property  or  from  subsequent tax rate increases or
increases in taxes other than the general county tax.
(b) The general county tax extended on an  eligible  parcel  shall  be
abated by the abatement amount, which shall be calculated by multiplying
the  taxable assessed valuation, after application of all exemptions for
which such parcel is eligible for general county tax  purposes,  by  the
abatement  tax  rate  determined  pursuant to this subdivision, provided
that the abatement shall not exceed the  general  county  tax  otherwise
chargeable to such eligible parcel.
(c)  The local legislative body shall determine separate abatement tax
rates for each class of property, each roll year and each portion of the
county for which a general county tax rate is determined. The  abatement
rate  shall  be  the base abatement tax rate calculated pursuant to this
subdivision multiplied by the abatement ratio.
(d) The abatement ratio shall be set forth in the local law, as it may
be amended from time to time, which adopts the abatement  authorized  by
this  section.  Such  ratio  shall  be  one-half  if  no  other ratio is
specified in the local law. In no event shall  the  abatement  ratio  be
greater than one.
(e)  For  the general county tax levied on the assessment roll finally
completed in calendar year two thousand two, the base abatement tax rate
for a class shall  be  the  general  county  tax  rate  for  such  class

applicable to such assessment roll, less the tax rate for such class for
the roll finally completed in calendar year two thousand one.
(f)  In  each  subsequent  year  the  base abatement tax rate shall be
adjusted  to  account  for  changes  in  the  level  of  assessment   by
multiplying the base abatement tax rate calculated pursuant to paragraph
(e) of this subdivision by the ratio between the class equalization rate
for  such class for the roll completed in calendar year two thousand two
and the class equalization rate for such class for the  assessment  roll
for such subsequent year.
(g) If the equalized tax rate for a class in any year is less than the
equalized  tax  rate for the roll finally completed in calendar year two
thousand two but more than the rate for the roll completed  in  calendar
year two thousand one, the base abatement tax rate shall be recalculated
by dividing the difference between such equalized tax rates by the class
equalization ratio for the roll year of the taxes to be abated.
(h) If the equalized tax rate for a class and roll year after calendar
year  two  thousand two is less than the equalized tax rate for the roll
completed in calendar year two  thousand  one,  no  abatement  shall  be
granted for property in such class for such roll year.
(i)  For  purposes  of  this  section,  "class" shall have the meaning
provided by section eighteen hundred two  of  this  chapter  and  "class
equalization  rate"  shall  have  the meaning provided by section twelve
hundred two of this chapter. The term "equalized tax  rate"  shall  mean
the  general county tax rate for a class and roll year multiplied by the
class equalization rate for such class and year.
5. Cooperative apartment corporations, trailers and mobile homes.  The
abatement  authorized  by  this  section  shall  apply  to taxes on real
property owned by a cooperative corporation and to trailers  and  mobile
homes  to  the  extent  such  taxes  are attributable to the property of
eligible shareholders or owners and shall be credited against the  taxes
or  rent otherwise payable by or chargeable to such eligible individuals
in the same manner as is provided for the  exemption  given  by  section
four hundred twenty-five of this title.
6.  Retroactive  implementation.  A local law adopted pursuant to this
section may provide  that  benefits  shall  be  given  retroactively  in
respect  to  all  or  specified assessment rolls finally completed in or
after the year two thousand two. Such local law  may  provide  that  the
assessor  of  such  special  assessing  unit shall apply the retroactive
abatement as a credit against current taxes for one or more years or may
authorize the chief financial officer of the county to refund the excess
taxes collected without interest in one  or  more  installments  over  a
period of one or more years.