Section 164-B. Procedure on application for correction of an assessment of class one property
Latest version.
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a. When used in this section: 1. "Class designation" shall mean the determination, pursuant to article eighteen of the real property tax law, of whether real property is included in class one, two, three or four. 2. "Excessive assessment" or an assessment which is excessive shall mean and include: (a) an entry on an assessment roll of the assessed valuation of real property which exceeds the full value of real property; or (b) an entry on an assessment roll of the taxable assessed valuation of real property which is excessive because the real property failed to receive all or a portion of a partial exemption to which the real property or owner thereof is entitled pursuant to the law authorizing the partial exemption; or (c) an entry on the assessment roll of an assessed valuation for real property which is excessive because of a failure to comply with the limitations on increases in assessed value set forth in section eighteen hundred five of the real property tax law. 3. "Misclassification" or real property which is misclassified shall mean and include: (a) an entry on an assessment roll of an incorrect class designation; or (b) an entry on the assessment roll of a class designation which results in an incorrect allocation of a parcel's assessed valuation between two or more classes. 4. "Unequal assessment" or an assessment which is unequal shall mean and include an entry on an assessment roll of the assessed valuation of real property improved by a one, two or three family residence which is made at either a higher proportion of full value than the assessed valuation of other residential property on the same roll or at a higher proportion of full value than the assessed valuation of all real property on the same roll. 5. "Unlawful assessment" or an assessment which is unlawful shall mean and include: (a) an entry on the taxable portion of the assessment roll of the assessed valuation of real property which, except for the provisions of section four hundred ninety of the real property tax law, is wholly exempt from taxation; or (b) an entry on an assessment roll of the assessed valuation of real property which is entirely outside the boundaries of the city of New York; or (c) an entry on an assessment roll of the assessed valuation of real property which cannot be identified from the assessment roll description or tax map land parcel number on the assessment roll; or (d) an entry of the assessed valuation of real property on an assessment roll which has been made by a person or body without the authority to make such entry. b. Notwithstanding any other provision of this charter or administrative code, any party claiming to be aggrieved by the assessed valuation of a parcel designated class one pursuant to the provisions of article eighteen of the real property tax law may apply for correction of such assessment from the fifteenth day of January until the fifteenth day of March, including the filing of exemptions for senior citizens, and the office of the real property assessment bureau of the department of finance in each borough shall remain open for accepting such applications during normal business hours and for at least three additional hours each week. c. the grounds for review of an assessment shall be that the assessment complained of is excessive, unequal, unlawful, or that the real property is misclassified. d. The application for correction of assessment shall be on a form prescribed by the tax commission and shall contain a statement specifying the respect in which the assessment is excessive, unequal, or unlawful, or the respect in which the real property is misclassified, and the reduction in assessed valuation or taxable assessed valuation or change in class designation or allocation of assessed valuation sought. Such application must be made by the aggrieved party or by some person authorized in writing by the aggrieved party or his agent to make such statement who has knowledge of the facts stated therein. Such written authorization must be made a part of the application and bear a date within one year of the date on which the application is filed. In lieu of a verification the application shall contain the following sentence: "I certify that all statements made on this application, including the attached sheet(s) consisting of ____ pages, are true and correct to the best of my knowledge and belief and I understand that the making of any willful false statement of material fact herein will subject me to the provisions of the penal law relevant to the making and filing of false statements." e. The tax commission shall thereafter determine the final assessed valuation or taxable assessed valuation, or the actual assessment or transition assessment, or the proper class designation of the real property of each applicant. When the applicant specifies that the assessment is unequal, in addition to other evidence presented, the tax commission shall consider the residential assessment ratio determined pursuant to section seven hundred thirty-eight of the real property tax law. The final assessed valuation or taxable assessed valuation of real property may be the same as or less than the original assessment or, if determined to be unlawful, the same shall be ordered stricken from the roll or where appropriate entered on the exempt portion of the roll. If it is determined that the real property is misclassified, the correct class designation or allocation of assessed valuation shall be ordered entered on the roll. f. All other provisions of law shall apply to the review of applications for correction of tentative assessed valuation of class one property except when inconsistent with any provision of this section.