2023 New York Laws › TAX - Tax › Article 11 - Tax on Mortgages › 253-L - Recording Tax Imposed by the County of Rensselaer.

§  253-l.  Recording  tax  imposed  by  the  county  of Rensselaer. 1.
  Rensselaer county, acting through its local legislative body, is  hereby
  authorized  and empowered to adopt and amend local laws imposing in such
  county a tax of twenty-five cents for each one hundred dollars and  each
  remaining  major  fraction thereof of principal debt or obligation which
  is or under any contingency may be secured  at  the  date  of  execution
  thereof,  or  at  any  time  thereafter,  by a mortgage on real property
  situated within such county and recorded on or after the date upon which
  such tax takes effect and a tax of twenty-five cents on such mortgage if
  the principal debt or obligation which is or by any contingency  may  be
  secured by such mortgage is less than one hundred dollars.
2.  The  taxes  imposed  under  the authority of this section shall be
  administered and collected in the same manner as the taxes imposed under
  subdivision one of section two hundred fifty-three and paragraph (b)  of
  subdivision  one  of  section  two  hundred  fifty-five of this article.
  Except as otherwise provided in this section, all the provisions of this
  article relating to or applicable to the administration  and  collection
  of  the  taxes  imposed  by  such  subdivisions shall apply to the taxes
  imposed under the authority of this section with such  modifications  as
  may  be  necessary to adapt such language to the tax so authorized. Such
  provisions shall apply with the  same  force  and  effect  as  if  those
  provisions  had  been  set  forth  in full in this section except to the
  extent that any provision is either inconsistent  with  a  provision  of
  this  section or not relevant to the tax authorized by this section. For
  purposes of this section, any reference in this article to  the  tax  or
  taxes  imposed by this article shall be deemed to refer to a tax imposed
  pursuant to this section, and any reference to the phrase  "within  this
  state"  shall  be read as "within Rensselaer county", unless a different
  meaning is clearly required.
3. Where the real property covered by the mortgage subject to the  tax
  imposed  pursuant  to  the authority of this section is situated in this
  state but within and without the county imposing such tax, the amount of
  such tax due and payable to such county shall be determined in a  manner
  similar  to  that  prescribed  in  the  opening paragraph of section two
  hundred sixty of this article which concerns real property  situated  in
  two  or  more counties. Where such property is situated both within such
  county and without the state, the amount due and payable to such  county
  shall  be determined in the manner prescribed in the second undesignated
  paragraph of such section two  hundred  sixty  which  concerns  property
  situated  within  and without the state. Where real property is situated
  within and without the county imposing such tax, the  recording  officer
  of  the  jurisdiction  in  which the mortgage is first recorded shall be
  required to collect the taxes imposed pursuant to this section.
4. A tax imposed pursuant to the authority of this section shall be in
  addition to the taxes imposed by section two hundred fifty-three of this
  article.
5. Notwithstanding any provision of this article to the contrary,  the
  balance  of  all  moneys  paid to the recording officer of the county of
  Rensselaer during each month upon account of the tax imposed pursuant to
  the authority of this section, after deducting the necessary expenses of
  his office as provided in section two hundred sixty-two of this article,
  except taxes paid upon mortgages which  under  the  provisions  of  this
  section  or  section  two  hundred sixty of this article are first to be
  apportioned by the commissioner, shall be paid over by such  officer  on
  or  before the tenth day of each succeeding month to the commissioner of
  finance  of  Rensselaer  county  and,  after  the  deduction   by   such
  commissioner  of  finance of the necessary expenses of his or her office
  provided in section two hundred  sixty-two  of  this  article  shall  be

  deposited   in  the  general  fund  of  the  county  of  Rensselaer  for
  expenditure on any county purpose. Notwithstanding the provisions of the
  preceding sentence, the tax so imposed and paid upon mortgages  covering
  real  property  situated  in  two  or  more  counties,  which  under the
  provisions of this section or section two hundred sixty of this  article
  are  first  to be apportioned by the commissioner, shall be paid over by
  the  recording  officer  receiving  the  same   as   provided   by   the
  determination of said commissioner.
6.  Each  enactment of a local law may provide for the imposition of a
  mortgage tax for a period of time no longer than three  years  from  the
  date  of  its  enactment.  Nothing  in  this  section shall prohibit the
  adoption and enactment of local laws, pursuant to the provisions of this
  section, upon the expiration of any other local law adopted pursuant  to
  this section.
7.  Any  local  law  imposing  a tax pursuant to the authority of this
  section or repealing or suspending such a tax shall take effect only  on
  the  first  day  of  a  calendar  month.  Such  a local law shall not be
  effective unless a certified copy thereof is  mailed  by  registered  or
  certified  mail  to  the  commissioner  at  the commissioner's office in
  Albany at least thirty days prior to the date the local law  shall  take
  effect.
8.  Certified  copies of any local law described in this section shall
  also be filed with the county clerk of the  county  of  Rensselaer,  the
  secretary  of state and the state comptroller within five days after the
  date it is duly enacted.