2023 New York Laws › RPT - Real Property Tax › Article 5 - Assessment Procedure › Title 1-A - Administrative Review of Assessments › 525 - Hearing and Determination of Complaints and Ratification of Assessment Stipulations.

§  525.  Hearing  and  determination of complaints and ratification of
assessment stipulations. 1. The board of assessment review shall fix the
place or places for the hearing of complaints in relation to assessments
and fix the hours of such hearing, which hours shall be for a period  of
at  least four hours, not necessarily continuous between nine o'clock in
the morning and ten o'clock in the evening but in no event less than two
hours after six o'clock in the evening.
2. (a) On the date required by law, the  board  of  assessment  review
shall  meet  to  hear  complaints  in  relation  to assessments. At such
hearing, the board of  assessment  review  may  administer  oaths,  take
testimony  and hear proofs in regard to any complaint and the assessment
to which it relates. If not satisfied that such assessment is excessive,
unequal or unlawful, or that real property is misclassified,  the  board
may  require  the  person whose real property is assessed, or his or her
agent or representative, or any other person, to appear before the board
and be examined concerning such complaint, and  to  produce  any  papers
relating  to  such  assessment.  If  the  person  whose real property is
assessed, or his or her agent or representative, shall willfully neglect
or refuse to attend and be so examined, or to answer any question put to
him or her relevant to the complaint or assessment,  such  person  shall
not  be  entitled  to  any  reduction  of  the assessment subject to the
complaint.  Minutes of the examination of every person examined upon the
hearing of any complaint shall be taken and filed in the office  of  the
city or town clerk. The assessor shall have the right to be heard on any
complaint and upon his or her request his or her remarks with respect to
any  complaint  shall be recorded in the minutes of the board; provided,
however, that when an assessor is employed by more  than  one  assessing
unit,  such  assessor  may  designate  a member or members of his or her
staff to act on behalf of such assessor before any board  or  boards  of
assessment   review.  Every  member  of  an  assessor's  staff,  who  is
designated to  act  on  behalf  of  such  assessor  before  a  board  of
assessment  review,  shall have all powers and authority of the assessor
who designated him or her. Such remarks may be made  only  in  open  and
public session of the board of assessment review.
(b)  The  chairman  of  the board of assessment review shall, prior to
adjourning the hearing, designate  the  dates  on  which  the  board  of
assessment  review shall convene to review petitions filed in accordance
with section five hundred fifty-three of this article for the correction
of final assessment rolls.
3. (a) The board of assessment review shall thereafter  determine  the
final  assessed  valuation  or taxable assessed valuation, or the actual
assessment or transition assessment, or the proper class designation  of
the  real  property  of  each  complainant  and  shall ratify assessment
stipulations entered into by the assessor and the  complainant.  When  a
complainant specifies that the assessment is unequal and the property is
improved  by  a one, two or three family residence, in addition to other
evidence presented, the board of assessment review  shall  consider  the
residential  assessment  ratio  determined  pursuant  to  section  seven
hundred thirty-eight of this chapter.
(b) The final assessed valuation or taxable assessed valuation of real
property may be the same as or less than the original assessment. If the
real property is partially exempt from taxation, and its total  assessed
value  is  reduced  by  the board of assessment review, but the verified
statement prepared by such board does not specify how much of the  total
assessed  value,  as  so reduced, is exempt from taxation, the exemption
shall be reduced so as to preserve the ratio of taxable  assessed  value
to total assessed value that existed on the tentative assessment roll.
(c)  If  the  assessment  is  determined  to  be unlawful, it shall be
ordered stricken from the roll  or  where  appropriate  entered  on  the
exempt  portion  of  the roll. If it is determined that real property is
misclassified, the correct class designation or allocation  of  assessed
valuation shall be ordered entered on the roll.
4. The members of the board of assessment review or a majority of them
shall  prepare  and verify a statement showing the changes determined to
be made by them in the assessments. Such verified statement  shall  also
include the assessment stipulations entered into by the assessor and the
complainant  and  as  ratified  by  the board of assessment review. Such
verified statement shall be delivered to the assessor on or  before  the
date  required by law for the final completion of the assessment roll or
in the event the law applicable to the local government fixes an earlier
date subsequent to which changes in assessments may not be made,  on  or
before such date.
On  or  before  the date the verified statement of changes made by the
board of assessment review is delivered to the assessor,  the  board  of
assessment review shall mail to each complainant a notice of the board's
determination  of  his  or  her assessment, but no notice of the board's
ratification of a stipulated assessment shall be required.  Such  notice
shall  contain  a  statement of the reasons for such determination. Such
notice shall also contain the statement "If you  are  dissatisfied  with
the  determination  of  the  board  of  assessment  review, you may seek
judicial review of your assessment pursuant to article seven of the real
property tax law. If you are the owner of a one,  two  or  three  family
residential  structure  and reside at such residence, or, if you are the
owner of  unimproved  property  which  is  not  of  sufficient  size  as
determined  by your assessing unit to contain a one, two or three family
residential structure, you  may  seek  small  claims  assessment  review
pursuant  to title one-A of article seven of the real property tax law".
Such notice shall also  state  the  last  date  to  file  petitions  for
judicial  review  and  the location where small claims assessment review
petitions may be obtained. Failure to mail any such notice or failure of
the complainant to receive the same shall not affect the validity of the
assessment.