2023 New York Laws › RPT - Real Property Tax › Article 19 - Preservation of Class Share of Taxes Other Than in Special Assessing Units › 1905 - Commissioner Adjustments for Assessment Rolls Completed Prior to Nineteen Hundred Ninety.

§  1905. Commissioner adjustments for assessment rolls completed prior
to nineteen hundred ninety. 1. Certification. (a)  Not  later  than  the
sixth  assessment roll following the first assessment roll for which the
same homestead base proportions and non-homestead base  proportions  are
effective  in any approved assessing unit or eligible non-assessing unit
village and not less than once in  every  three  subsequent  years,  the
commissioner  shall  certify  to  the  chief  executive  officer of such
approved assessing unit or eligible non-assessing unit  village  and  to
the  appropriate  fiscal  officer  of each county and school district in
which such approved assessing unit is included, adjusted homestead  base
proportions   and   adjusted   non-homestead   base   proportions.   The
commissioner shall  also  certify  to  the  executive  officer  of  such
assessing  unit  or  eligible  non-assessing  unit  village  the current
percentages determined pursuant to subdivision three of this section and
used in calculating such proportions. Such certifications shall be  made
no later than thirty days prior to the last date provided by law for the
levy   of   taxes   in  each  such  approved  assessing  unit,  eligible
non-assessing unit village, county or school district.
(b) If it is made to appear to the commissioner by a statement of  the
assessors of an approved assessing unit, subscribed and affirmed by them
as  true under the penalties of perjury, that there has been a change in
excess of ten percent in  the  percentage  that  the  estimated  taxable
market  value  of the homestead class constitutes of the total estimated
taxable market value of all real property  in  such  assessing  unit  or
eligible  non-assessing  unit  village  or  in any portion thereof since
certification  of  the  most  recent  homestead  base  proportions   and
non-homestead  base  proportions  or adjusted homestead base proportions
and adjusted non-homestead  base  proportions,  the  commissioner  shall
certify  adjusted  homestead base proportions and adjusted non-homestead
base proportions  and  current  percentages  for  such  assessing  unit,
eligible  non-assessing  unit  village, or portion thereof in accordance
with the provisions of this section.
(c) In the case of an approved assessing unit which  has  completed  a
revaluation   prior   to   the  effective  date  of  this  section,  the
commissioner shall  certify  adjusted  homestead  base  proportions  and
adjusted  non-homestead base proportions and current percentages for the
first roll to which the provisions of section nineteen hundred three  of
this article shall apply.
2.  Base  percentage.  The  commissioner  shall  compute for each such
approved assessing unit or eligible non-assessing unit village  and  for
each  portion  thereof  the percentage that the estimated taxable market
value of each of the homestead class and non-homestead class  constitute
of  the  total estimated taxable market value of all real property. Such
base  percentage  shall  be  computed  on  the  basis  of  the  assessed
valuations  on  the  first assessment roll containing the revaluation or
update which is the basis for the certification  or  recertification  of
such assessing unit as an approved assessing unit, except that:
(a)   in   the  case  of  approved  assessing  units  which  completed
revaluation programs prior to the effective date of this  section,  such
base  percentage  shall be computed on the basis of the first assessment
roll which incorporated such revaluation;
(b) in the case of eligible non-assessing  unit  villages,  such  base
percentage shall be computed from the assessments on the village portion
of the first town assessment roll containing revaluation assessments and
used for the levy of village taxes; and
(c)  in  the  case of recertified approved assessing units which adopt
local laws pursuant to subparagraph (ii) of paragraph (a) of subdivision
two of section  nineteen  hundred  three  of  this  article,  such  base

percentage  shall  be computed from the assessed valuations on the first
assessment  roll  containing  the  update  which  is   the   basis   for
recertification as an approved assessing unit.
3.  Current  percentage.  (a)  In  each year in which the commissioner
completes a market value survey which uses a base year  assessment  roll
later  than  that  used  in  subdivision  two  of this section, it shall
compute for such base year assessment roll percentages as prescribed  in
subdivision two of this section.
(b)  In  the  case of an approved assessing unit which has completed a
revaluation program prior to the effective date of this section, for the
purpose of paragraph  (d)  of  subdivision  one  of  this  section  such
percentages shall be computed on the basis of the assessed valuations on
the  assessment  roll  which  is  the basis of the certification of such
approved assessing unit.
4. Additional market value surveys. In the event that no market  value
survey  as may be required to comply with the provisions of this section
is otherwise available, the commissioner shall revise an existing survey
or complete an additional survey in conformance with the requirements of
this section.
5. Computation of adjusted homestead  base  proportions  and  adjusted
non-homestead  base proportions. In each year in which it is required to
compute a current percentage pursuant to subdivision  one  or  three  of
this  section,  such  commissioner  shall compute the adjusted homestead
base proportion and adjusted non-homestead base proportion as follows:
(a) Divide the current percentage of each of the two classes which are
described in subdivision two of this section by the base  percentage  of
each such class.
(b)  For  each  such  class, multiply the result from paragraph (a) of
this subdivision  by  the  proportion  established  in  accordance  with
subdivision  two  of section nineteen hundred three of this article. (c)
Sum the products obtained in  paragraph  (b)  of  this  subdivision  and
divide  the  product for each such class by such sum. The result for the
homestead class is the adjusted homestead base proportion and the result
for  the  non-homestead  class  is  the  adjusted   non-homestead   base
proportion.
6.  The  provisions  of  this  section shall apply to assessment rolls
completed prior to nineteen hundred ninety.