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 - Limitation on Increases of Assessed Value of Individual Parcels.

§  1805.  Limitation  on  increases  of  assessed  value of individual
parcels.   1. The assessor of  any  special  assessing  unit  shall  not
increase the assessment of any individual parcel classified in class one
in  any one year, as measured from the assessment on the previous year's
assessment roll, by more than six percent and shall  not  increase  such
assessment  by  more  than  twenty  percent in any five-year period. The
first such five-year  period  shall  be  measured  from  the  individual
assessment  appearing  on  the  assessment  roll  completed  in nineteen
hundred eighty; provided that if such parcel would not have been subject
to the provisions of this subdivision in  nineteen  hundred  eighty  had
this  subdivision  then  been in effect, the first such five-year period
shall be measured from the first year after nineteen hundred  eighty  in
which  this  subdivision applied to such parcel or would have applied to
such parcel had this subdivision been in effect in such year.
If, in respect to any individual parcel classified in class one on the
assessment roll completed and applicable for the year  nineteen  hundred
eighty-two,  the  assessment  for  the  year nineteen hundred eighty-one
exceeds by more than twenty percent the assessment for the year nineteen
hundred eighty, such assessor shall compute the actual assessments to be
entered on assessment rolls applicable to  the  years  nineteen  hundred
eighty-two through nineteen hundred ninety as follows:
(a) compute the maximum permissible assessments for the years nineteen
hundred  eighty-one through nineteen hundred eighty-five pursuant to the
limitations  contained  hereinabove  as  if  the  provisions   of   this
subdivision  were in effect and applicable for assessment rolls prepared
in the year nineteen hundred eighty-one;
(b) subtract the maximum permissible assessment for the year  nineteen
hundred  eighty-one  as computed in paragraph (a) hereof from the actual
assessment entered on the assessment roll completed and  applicable  for
the year nineteen hundred eighty-one and divide such result by four;
(c)  the  assessment for the year nineteen hundred eighty-two shall be
the maximum permissible assessment for such year as computed pursuant to
such paragraph (a) minus the quotient determined pursuant  to  paragraph
(b) hereinabove;
(d) the assessment for the year nineteen hundred eighty-three shall be
the maximum permissible assessment for such year as computed pursuant to
such  paragraph  (a) minus the quotient determined pursuant to paragraph
(b) hereinabove;
(e) the assessment for the year nineteen hundred eighty-four shall  be
the maximum permissible assessment for such year as computed pursuant to
such  paragraph  (a) minus the quotient determined pursuant to paragraph
(b) hereinabove;
(f) the assessment for the year nineteen hundred eighty-five shall  be
the maximum permissible assessment for such year as computed pursuant to
such  paragraph  (a) minus the quotient determined pursuant to paragraph
(b) hereinabove;
(g) commencing and applicable in the years nineteen hundred eighty-six
through nineteen hundred ninety, the limitations  contained  hereinabove
shall   be   computed   as  measured  against  the  maximum  permissible
assessments for the years nineteen hundred eighty-one  through  nineteen
hundred  eighty-five  as  computed  in  paragraph (a) hereinabove and as
measured against the actual assessments for the  years  occurring  after
nineteen hundred eighty-five.
2.  The  assessment  roll of a special assessing unit wholly contained
within a city shall identify those parcels classified in class two which
have fewer than eleven residential  units.  The  assessor  of  any  such
special  assessing  unit shall not increase the assessment of any parcel
so identified in any one year, as measured from the actual assessment on

the previous year's assessment roll, by  more  than  eight  percent  and
shall  not  increase  such assessment by more than thirty percent in any
five-year period. The first such five-year period shall be measured from
the  individual assessment appearing on the assessment roll completed in
nineteen hundred eighty-one provided that, if such parcel would not have
been subject to the provisions of this subdivision in  nineteen  hundred
eighty-one  had  this  subdivision  then  been in effect, the first such
five-year period shall be measured from the first  year  after  nineteen
hundred  eighty-one  in which this subdivision applied to such parcel or
would have applied to such parcel had this subdivision been in effect in
such year.
If, in respect to any parcel so  identified  on  the  assessment  roll
completed  and applicable for the year nineteen hundred eighty-four, the
actual assessment for the year nineteen hundred eighty-three exceeds  by
more  than  thirty  percent the assessment for the year nineteen hundred
eighty-one, such assessor shall compute the  actual  assessments  to  be
entered  on  assessment  rolls  applicable to the years nineteen hundred
eighty-four through nineteen hundred ninety-two as follows:
(a) compute the maximum permissible assessments for the years nineteen
hundred eighty-two through nineteen hundred eighty-seven pursuant to the
limitations  contained  hereinabove  as  if  the  provisions   of   this
subdivision  were in effect and applicable for assessment rolls prepared
in the year nineteen hundred eighty-two;
(b) subtract the maximum permissible assessment for the year  nineteen
hundred  eighty-two  as computed in paragraph (a) hereof from the lesser
of the actual or transition assessment entered on  the  assessment  roll
completed and applicable for the year nineteen hundred eighty-two;
(c)  subtract the maximum permissible assessment for the year nineteen
hundred eighty-three as computed in such paragraph (a) from  the  lesser
of  the  actual  or transition assessment entered on the assessment roll
completed and applicable for the year nineteen hundred eighty-three;
(d) add such results of the computations prescribed by paragraphs  (b)
and (c) hereof as are greater than zero and divide such sum by four;
(e)  the assessment for the year nineteen hundred eighty-four shall be
the maximum permissible assessment for such year as computed pursuant to
such paragraph (a) minus the quotient determined pursuant  to  paragraph
(d) hereinabove;
(f)  the assessment for the year nineteen hundred eighty-five shall be
the maximum permissible assessment for such year as computed pursuant to
such paragraph (a) minus the quotient determined pursuant  to  paragraph
(d) hereinabove;
(g)  the  assessment for the year nineteen hundred eighty-six shall be
the maximum permissible assessment for such year as computed pursuant to
such paragraph (a) minus the quotient determined pursuant  to  paragraph
(d) hereinabove;
(h) the assessment for the year nineteen hundred eighty-seven shall be
the maximum permissible assessment for such year as computed pursuant to
such  paragraph  (a) minus the quotient determined pursuant to paragraph
(d) hereinabove;
(i)  commencing  and  applicable  in  the   years   nineteen   hundred
eighty-eight   through  nineteen  hundred  ninety-two,  the  limitations
contained hereinabove shall be computed as measured against the  maximum
permissible  assessments  for  the  years  nineteen hundred eighty-three
through nineteen hundred  eighty-seven  as  computed  in  paragraph  (a)
hereinabove and as measured against the actual assessments for the years
occurring after nineteen hundred eighty-seven.
3.  If  the assessment appearing on an assessment roll completed on or
after January first, nineteen hundred  eighty-two  for  any  parcel  not

subject  to  the  provisions  of subdivision one or two of this section,
other than a parcel classified in  class  three,  is  greater  than  the
assessment appearing on the previous year's assessment roll the assessor
shall  determine  a  transition assessment for such parcel for the first
assessment roll on which such greater assessment appears and for each of
the succeeding four assessment rolls by computing the difference between
such greater assessment and the assessment appearing  on  such  previous
year's  assessment  roll  and  adding  the following percentages of such
difference  to  the  assessment  appearing  on  such   previous   year's
assessment  roll: in the first year, twenty percent; in the second year,
forty percent; in the third year, sixty percent;  in  the  fourth  year,
eighty  percent;  and  in  the  fifth  year, one hundred percent. If the
assessment of a parcel is increased during a period for which transition
assessments have  been  established  because  of  any  prior  assessment
increases,  such new increase shall be phased-in over a five-year period
as set forth in this subdivision, and such phased-in increases shall  be
added  to  the  transitional  assessments previously established for the
prior increase;  provided,  however,  that  if  in  any  year  any  such
transition assessment exceeds the actual assessment for such year, taxes
imposed  on  such  parcel  for  such  year shall be based on such lesser
actual assessment. Notwithstanding the foregoing, during the  period  of
any  such  transition, the assessment roll shall contain an entry of the
full amount of such greater  assessment  which  shall  be  used  by  the
commissioner  in its determination of class ratios pursuant to paragraph
(b) of subdivision one of section twelve hundred two of this chapter. In
establishing state equalization rates, class equalization rates, special
state equalization rates and special  state  equalization  ratios  under
article  twelve,  article twelve-A and article twelve-B of this chapter,
the commissioner shall use the transition assessments as provided for in
this subdivision in its determinations, or where the  actual  assessment
is the lesser, such actual assessment shall be so used.
4. Notwithstanding the provisions of subdivision three of this section
no transition assessment shall be computed for any individual parcel for
a  year  in which subdivision one or two of this section were applicable
to such parcel, nor for any real property owned by the state  and  which
is  subject  to  taxation  pursuant to title two of article five of this
chapter, nor for any real property for which a statute provides  that  a
state  equalization  rate or special equalization rate shall be employed
to determine the assessed value or the taxable assessed value.
5. Nothing in this section shall prevent  placing  on  the  assessment
roll  new property, additions to or improvements of existing property or
formerly exempt property or the full or partial removal from the roll of
property by reason of fire, demolition, destruction or new exemption and
such increase or  decrease  in  value  shall  not  be  included  in  the
computation  of  the  limitations prescribed by this section. Any parcel
which would be assessed at a greater amount but for  the  provisions  of
subdivision one or two of this section shall be excluded from any survey
or  computation  made  by  any  body  or  officer  for  the  purpose  of
determining a level of assessment to be used in  the  administrative  or
judicial  review  of  assessments  including,  but not limited to, class
ratios computed pursuant to paragraph (b) of subdivision one of  section
twelve  hundred  two  of  this  chapter, ratios computed by selection of
parcels or from actual sales of real property under  the  provisions  of
subdivision  three  of section seven hundred twenty of this chapter, and
residential assessment ratios computed pursuant to section seven hundred
thirty-eight of this chapter, but not including state equalization rates
or class equalization rates. In the event that a parcel appearing on the
assessment roll completed in nineteen hundred eighty or  any  subsequent

roll  is  subdivided  or  consolidated with another, such assessor shall
make an appropriate allocation of the assessed value of such  parcel  in
the determination of the limitations prescribed in this section.
6.  Notwithstanding  any  provision  of  law  to  the contrary, in any
special assessing unit wholly contained within a  city,  beginning  with
the  assessment  roll  completed  in  two  thousand  five  and  for each
subsequent  assessment  roll,  the  assessor  shall  not  increase   the
assessment  of  any  existing  property classified in class two that has
fewer than eleven residential units, with respect  to  any  increase  in
value attributable to additions to or improvements of such property that
were  not  reflected on the assessment roll for a previous year, by more
than one-third of the amount that such assessment would increase, in the
absence of this subdivision, with  respect  to  any  increase  in  value
attributable  to additions to or improvements of such property that were
not  reflected  on  the   assessment   roll   for   a   previous   year.
Notwithstanding  the provisions of subdivision five of this section, the
remainder of the increase in value attributable  to  such  additions  or
improvements  that  were  not  reflected  on  the  assessment roll for a
previous year shall be subject to the limitations on increases  provided
in  subdivision two of this section. This subdivision shall not apply to
the construction of a new building or structure. This subdivision  shall
not apply where, as a result of such additions to or improvements of the
existing  property,  there  are  more than ten residential units in such
property.