2023 New York Laws › RPT - Real Property Tax › Article 8 - County Equalization › Title 2 - Alternative Method of County Equalization › 844 - Use of County Equalization Rates.

§  844.  Use  of  county equalization rates. 1. In any county to which
this title is applicable, county taxes shall be  apportioned  among  the
cities and towns within the county on the basis of the proportion of the
total full valuation of taxable real property within the county which is
located  within  each  city  and  town.  This  total  valuation shall be
determined by dividing  the  taxable  assessed  value  of  taxable  real
property  by the appropriate city or town equalization rate as certified
by the commissioner  pursuant  to  this  title.  For  purposes  of  this
section:
(a) "taxable real property" excludes real property which, by
statute, is wholly exempt from county taxation,  (b)  "taxable  assessed
value"  is  limited  to  the  assessed  value actually subject to county
taxation except that it also  includes  the  amount  of  assessed  value
partially  exempt  from  county  taxation  pursuant to (i) sections four
hundred fifty-eight, four hundred sixty and four hundred  sixty-four  of
this  chapter,  and  (ii)  such  other  sections  of  law  as the county
legislature designates  by  resolution  to  be  included  in  the  total
valuation.  Where the commissioner furnishes the same state equalization
or special equalization rate for two or more of the cities and towns  in
the  county  for  use  by that county in the apportionment of taxes, the
commissioner shall concurrently therewith notify the county that  county
taxes  may  be  apportioned in the manner provided by subdivision two of
this section.
2. When the commissioner has furnished the same state equalization  or
special  equalization  rate for two or more of the cities and towns in a
county for use by that county in the apportionment of taxes, the  county
may  apportion  its  levy as follows: (a) The county shall determine the
amount of county tax to be raised from each city and town in the  county
in  accordance  with the provisions set forth in subdivision one of this
section.
(b) For those cities and towns with respect to which the  commissioner
has  furnished the same state equalization or special equalization rate,
the amount of county tax to be raised in aggregate  from  each  part  of
such  city  or  town  is the sum of the amounts determined for each such
city and town in accordance with paragraph (a) of this subdivision. This
aggregate amount of school tax shall be apportioned to each such city or
town in proportion to the sum of the assessed value actually subject  to
the taxation for county purposes.
3.  On  or before the first day of February in each year, the clerk of
the county legislative body shall transmit to the commissioner,  in  the
form  prescribed  by  it,  a  statement  for the preceding calendar year
showing the taxable assessed value of taxable real property of each city
and town; the taxable assessed value  upon  which  the  county  tax  has
actually  been  levied;  the  county  equalization rate certified by the
commissioner; the full valuation  of  taxable  real  property  used  for
apportioning the tax levy between municipalities; whether any taxes were
apportioned  pursuant  to  the  provisions  of  subdivision  two of this
section;  and  a  list  of  the  partial  exemptions  which  the  county
legislature has, by resolution adopted pursuant to this section, elected
to  include  in  the  taxable  assessed value actually subject to county
taxation. The time for transmitting such statement may  be  extended  by
the  commissioner  for  good  cause  shown  by  the  clerk of the county
legislative body.
4. If it appears to the board of supervisors  of  any  county  that  a
clerical  error has been made by the county equalization agency and that
by reason of such error injustice has been done to one or more cities or
towns and that two years have not elapsed since  the  equalization,  the
error  may be corrected by the board of supervisors. If the equalization
cannot be corrected before taxes are levied on the basis  thereof,  such

board  shall determine the amount of county taxes paid or payable by any
such city or town under such equalization in excess of or less than that
which such city or town would  have  paid  under  such  equalization  as
corrected.  The  excess  shall be subtracted, or the deficiency shall be
added, from or to the next county tax levy in such city or town  as  the
situation may require.