2023 New York Laws › TAX - Tax › Article 29 - Taxes Authorized for Cities, Counties and School Districts › Part 1 - Authority to Impose Taxes › Sub Part A - Taxes Administered by Cities, Counties and School Districts › 1202-G*4 - Hotel or Motel Taxes in the County of Westchester.

* §  1202-g.  Hotel  or  motel taxes in the county of Westchester. (1)
Notwithstanding any other provisions of law to the contrary, the  county
of  Westchester  is  hereby  authorized and empowered to adopt and amend
local laws imposing in such county a tax, in addition to any  other  tax
authorized  and imposed pursuant to this article, as the legislature has
or would have the power and authority to impose upon  persons  occupying
rooms  in  hotels  or  motels  in  such county. For the purposes of this
section, the term "hotel" shall mean a building or portion of  it  which
is  regularly  used and kept open as such for the lodging of guests. The
term "hotel" includes an apartment hotel, a motel or a  boarding  house,
whether  or  not meals are served. The rate of such tax shall not exceed
three percent of the per diem rental rate for  each  room  whether  such
room is rented on a daily or longer basis.
(2)  Such tax may be collected and administered by the commissioner of
finance or other fiscal officer of the county  of  Westchester  by  such
means  and  in  such  manner  as other taxes which are now collected and
administered by such officers in accordance with the county  charter  or
as otherwise may be provided by such local law.
(3)  Such local laws may provide that any tax imposed shall be paid by
the person liable therefor to the owner  of  the  hotel  or  motel  room
occupied or to the person entitled to be paid the rent or charge for the
hotel  or  motel  room  occupied  for  and  on  account of the county of
Westchester imposing the tax, and that such owner or person entitled  to
be  paid  the  rent  or  charge  shall  be liable for the collection and
payment of the tax; and that such owner or person entitled  to  be  paid
the  rent  or  charge shall have the same right in respect to collecting
the tax from the person occupying the hotel or motel room, or in respect
to nonpayment of the tax by the person  occupying  the  hotel  or  motel
room, as if the tax were a part of the rent or charge and payable at the
same   time   as  the  rent  or  charge;  provided,  however,  that  the
commissioner  of  finance  or  other  fiscal  officers  of  the  county,
specified in such local law, shall be joined as a party in any action or
proceeding  brought  to  collect  the  tax by the owner or by the person
entitled to be paid the rent or charge.
(4) Such local laws may provide for the  filing  of  returns  and  the
payment  of  the tax on a monthly basis or on the basis of any longer or
shorter period of time.
(5) This section shall not authorize the imposition of such  tax  upon
the following:
a.  The  state  of  New  York,  or any public corporation, including a
public corporation created pursuant to agreement or compact with another
state or the dominion of Canada, improvement district or other political
subdivision of the state;
b. The United  States  of  America,  insofar  as  it  is  immune  from
taxation;
c.  Any corporation or association, or trust, or community chest, fund
or  foundation  organized  and  operated  exclusively   for   religious,
charitable  or educational purposes, or for the prevention of cruelty to
children or animals, and no part of the net earnings of which inures  to
the  benefit of any private shareholder or individual and no substantial
part of the activities of which is carrying on propaganda, or  otherwise
attempting  to influence legislation; provided, however, that nothing in
this paragraph shall include an organization operated  for  the  primary
purpose  of  carrying  on a trade or business for profit, whether or not
all of its profits are payable to one or more organizations described in
this paragraph; and
d. A permanent resident of a hotel or motel. For the purposes of  this
section,  the  term  "permanent  resident"  shall  mean a natural person

occupying any room or rooms in a hotel or  motel  for  at  least  thirty
consecutive days.
(6) Any final determination of the amount of any tax payable hereunder
shall  be reviewable for error, illegality or unconstitutionality or any
other reason whatsoever by a proceeding under article  seventy-eight  of
the  civil practice law and rules if application therefor is made to the
supreme court within thirty days after giving  of  the  notice  of  such
final  determination,  provided, however, that any such proceeding under
article seventy-eight of the civil practice law and rules shall  not  be
instituted unless:
a. The amount of any tax sought to be reviewed, with such interest and
penalties  thereon  as  may  be  provided for by local law or regulation
shall be first deposited and there is filed an undertaking, issued by  a
surety  company  authorized  to  transact  business  in  this  state and
approved by the superintendent of financial services of this state as to
solvency and responsibility, in such amount as a justice of the  supreme
court  shall  approve to the effect that if such proceeding be dismissed
or the tax confirmed the petitioner will pay all costs and charges which
may accrue in the prosecution of such proceeding; or
b. At the option of the petitioner such undertaking may be  in  a  sum
sufficient  to  cover  the  taxes, interest and penalties stated in such
determination plus the costs and charges which may accrue against it  in
the  prosecution  of the proceeding, in which event the petitioner shall
not be required to pay such taxes, interest or penalties as a  condition
precedent to the application.
(7)  Where  any  tax  imposed  hereunder  shall have been erroneously,
illegally or unconstitutionally collected and application for the refund
thereof duly made to the proper fiscal officer  or  officers,  and  such
officer or officers shall have made a determination denying such refund,
such  determination  shall  be  reviewable by a proceeding under article
seventy-eight of the civil practice law and  rules,  provided,  however,
that  such  proceeding is instituted within thirty days after the giving
of the notice of such denial, that a final determination of tax due  was
not  previously  made,  and that an undertaking is filed with the proper
fiscal officer or officers in such amount and with such  sureties  as  a
justice  of  the  supreme court shall approve to the effect that if such
proceeding be dismissed or the tax confirmed, the  petitioner  will  pay
all   costs  and  charges  which  accrue  in  the  prosecution  of  such
proceeding.
(8) Except in the case of a wilfully false or fraudulent  return  with
intent  to  evade the tax, no assessment of additional tax shall be made
after the expiration of more than three  years  from  the  date  of  the
filing  of  a  return,  provided, however, that where no return has been
filed as provided by law the tax may be assessed at any time.
(9) Revenues resulting from the imposition of tax authorized  by  this
section shall be paid into the treasury of the county of Westchester and
shall  be  credited  to and deposited in the general fund of the county;
and may thereafter be allocated  at  the  discretion  of  the  board  of
legislators of the county of Westchester for any county purpose.
(10)  If  any  provision of this section or the application thereof to
any person or circumstance shall be held invalid, the remainder of  this
section  and  the  application  of  such  provision  to other persons or
circumstances shall not be affected thereby.
* NB There are 4 § 1202-g's