2023 New York Laws › RPT - Real Property Tax › Article 18 - Preservation of Class Share of Taxes in Municipal Corporations Except Counties Within a City, Included Within the Boundaries of a Special A › 1805-B - Assessment of Real Property Damaged by the Severe Storm That Occurred on the Twenty-Ninth and Thirtieth of October, Two Thousand Twelve in a Special Assessing Unit That Is Not a City.

§ 1805-b. Assessment of real property damaged by the severe storm that
occurred  on  the  twenty-ninth  and  thirtieth of October, two thousand
twelve in a special assessing unit that is not  a  city.  1.  Generally.
Notwithstanding  any  provision  of any general, special or local law to
the contrary, any special assessing unit that is not a  city  is  hereby
authorized  and  empowered  to  adopt and amend local laws in accordance
with this section to provide that the assessed value  of  affected  real
property,  as  defined  in  subdivision  three of this section, shall be
subject to the limitations  provided  in  this  section.  Following  the
adoption of this act by a special assessing unit that is not a city, any
town,  school district or village which uses the assessment roll of such
special assessing unit that is not a city for the  levy  of  taxes,  may
also  adopt  a local law or resolution to grant the exemption authorized
pursuant to this section.
2. Definitions. As used in this section:
(a) "Actual assessed value" means the assessed value of real  property
prior  to  the calculation of any transitional assessed value, and which
is not reduced by any exemption from real property taxes.
(b) "Aggregate physical increase" means the sum of physical  increases
for  assessment  rolls  completed from two thousand fourteen through two
thousand twenty.
(c) "Annual tax" means the amount of real property tax that is imposed
on a property for a fiscal year,  determined  after  reduction  for  any
amount  from  which the property is exempt, or which is abated, pursuant
to applicable law.
(d) "Annual tax attributable to improvements" means  the  annual  tax,
multiplied  by  a  fraction,  the  numerator  of  which  is equal to the
assessed value attributable to improvements  on  the  property  for  the
fiscal year, and the denominator of which is the total assessed value of
the property for such fiscal year.
(e)  "Assessed  value"  means the assessed value of real property that
was used to determine the annual tax, and which is not  reduced  by  any
exemption  from  real  property  taxes.  For real property classified as
class two or class four real property, as defined in subdivision one  of
section  eighteen hundred two of this article to which subdivision three
of section eighteen hundred five of this article applies, unless  other-
wise  provided,  the  assessed value is the lower of the actual assessed
value and transitional assessed value.
(f) "Assessed value attributable to improvements" means  that  portion
of  the assessed value that was used to determine the annual tax attrib-
utable to improvements, and which is not reduced by any  exemption  from
real property taxes.
(g)  "Improvements" means buildings and other articles and structures,
substructures and superstructures erected upon, under or above the land,
or affixed thereto, including bridges and  wharves  and  piers  and  the
value of the right to collect wharfage, cranage or dockage thereon.
(h)  "Physical decrease" means the decrease in assessed value from the
assessed  value  on  the  preceding  assessment  roll  as  a  result  of
destruction  of property caused by the severe storm that occurred on the
twenty-ninth  and  thirtieth  of  October,  two  thousand  twelve,  such
decrease  to  which subdivision five of section eighteen hundred five of
this article applies.
(i) "Physical increase" means the increase in assessed value from  the
assessed  value on the preceding assessment roll as a result of an addi-
tion to or improvement of existing real property as provided in subdivi-
sion five of section eighteen hundred five  of  this  article,  for  the
purpose of reconstruction or repair in connection with the damage caused
by  the  severe storm that occurred on the twenty-ninth and thirtieth of

October, two thousand twelve, such increase to which subdivision five of
section eighteen hundred five of this article  applies  subject  to  the
provisions of this section.
(j)  "Total square footage of the improvements on the property" means,
with respect to an assessment roll,  the  square  footage  used  by  the
assessor  in determining the assessed value attributable to improvements
on the real property for such assessment roll.
(k) "Transitional assessed value" is the transition assessment  calcu-
lated  pursuant to subdivision three of section eighteen hundred five of
this article, and which is not reduced by any exemption from real  prop-
erty taxes.
3.  Affected  real  property.  For purposes of this section, "affected
real property" means any tax lot that contained, on the applicable taxa-
ble status date, class one, class two or class  four  real  property  as
such  class  of  real  property is defined in subdivision one of section
eighteen hundred two of this article, as to which:
(a)  the  assessor  reduced  the  assessed   value   attributable   to
improvements  on  the  property for the assessment roll completed in two
thousand thirteen from the assessed value attributable  to  improvements
on the property for the assessment roll completed in two thousand twelve
as  a  result  of damage caused by the severe storm that occurred on the
twenty-ninth and thirtieth of October, two thousand twelve; and
(b)  the  assessor  increased  the  assessed  value  attributable   to
improvements  on  the  property  by  means of a physical increase for an
assessment  roll  completed  from  two  thousand  fourteen  through  two
thousand twenty.
4.   Limitation   on  increases  of  assessed  value.  Notwithstanding
subdivision five of section eighteen hundred five of  this  article  and
any  other provision to the contrary, increases in the assessed value of
affected real property shall be limited in the manner specified in  this
subdivision.
(a)  Except  as  provided  in  paragraph  (c) of this subdivision, for
affected real property for which the assessed values on  the  assessment
rolls completed in two thousand fourteen and two thousand fifteen do not
reflect  a  physical  increase,  the  amount  of  the aggregate physical
increase shall not exceed the amount of the physical decrease  reflected
in  the  assessed value on the assessment roll completed in two thousand
thirteen. Any increase in assessed value  from  the  preceding  year  in
excess of the physical increase reflected in the current assessed value,
such  physical  increase  limited as provided in the preceding sentence,
shall  be  subject  to  the  limitations  on   increases   provided   in
subdivisions one, two and three of section eighteen hundred five of this
article.  In  no  event  shall  the  assessed value of the affected real
property appearing on an assessment roll completed for  any  given  year
from  two  thousand  fifteen  to  two  thousand  twenty  exceed what the
assessed value would have been that year but for any physical  decreases
or physical increases reflected in the assessed values on the assessment
rolls completed from two thousand thirteen to two thousand twenty.
(b)  For  affected  real  property for which the assessed value on the
assessment roll completed in  two  thousand  fourteen  or  two  thousand
fifteen  reflects a physical increase, the assessed value as it appeared
on the assessment roll  completed  in  two  thousand  fifteen  shall  be
recalculated  as  if the limitation in paragraph (a) of this subdivision
had been in effect for the assessment rolls completed  in  two  thousand
fourteen  and  two  thousand  fifteen. The recalculation of the assessed
value that appeared on the assessment roll  completed  in  two  thousand
fifteen  shall  not affect the amount of taxes that were due and payable
for the fiscal year  beginning  on  the  first  of  July,  two  thousand

fourteen.  The assessed value on the assessment rolls completed for each
of the years from two thousand sixteen to two thousand twenty  shall  be
subject to the limitation on increases provided in paragraph (a) of this
subdivision. Notwithstanding any provision to the contrary, the assessor
is  authorized  to  correct  as  provided in this paragraph the assessed
value of  affected  real  property  appearing  on  the  assessment  roll
completed  in  two  thousand  fifteen.  Such correction shall be made no
later than ninety days after the effective date of a local  law  adopted
in accordance with this section.
(c) Notwithstanding paragraphs (a) and (b) of this subdivision, in the
event  that the total square footage of the improvements on the affected
real property appearing  on  any  assessment  roll  completed  from  two
thousand  fourteen  to  two  thousand  twenty  exceeds  the total square
footage of the improvements on the property appearing on the  assessment
roll  completed  in  two  thousand  twelve,  the amount of the aggregate
physical increase shall not exceed the amount  computed  by  multiplying
the  sum  of  the  physical  increases  as  calculated  subject  to this
subdivision by a fraction, the numerator of which is equal to the amount
of the total square footage of the improvements on the property for  the
current  assessment  roll,  and the denominator of which is equal to the
amount of the total square footage of the improvements on  the  property
for  the  assessment roll completed in two thousand twelve. For purposes
of this paragraph, if improvements on the property located  below  grade
were not included in the total square footage of the improvements on the
property  for the assessment roll completed in two thousand twelve, such
improvements shall not be included  in  the  total  square  footage  for
subsequent  assessment  rolls if the improvements were moved above grade
or other building elevations were constructed on the property to prevent
or mitigate flooding as part of reconstruction or repair  in  connection
with  the  damage  caused  by  the  severe  storm  that  occurred on the
twenty-ninth and thirtieth of October, two thousand twelve.