Section 425-A. Abatement of county taxes in special assessing units  


Latest version.
  • 1.
      Local option. The local legislative body of a county that is  a  special
      assessing  unit  may  provide  by local law for the partial abatement of
      county taxes pursuant to this section. Such  abatement  shall  apply  to
      assessment  rolls  beginning with the roll finally completed in the year
      two thousand two, and continuing through and including the roll  finally
      completed  in  the  year  two  thousand fifteen unless such local law is
      sooner repealed.
        2. Eligible property. The property of a senior citizen that  qualifies
      for  and receives the enhanced exemption pursuant to subdivision four of
      section four hundred twenty-five of this  title  shall  be  eligible  to
      receive the abatement provided by this section.
        3.  Procedure.  No  separate  application  shall  be  required for the
      abatement. The assessor of such special assessing unit shall compute and
      apply the  abatement  when  extending  the  tax  on  eligible  property.
      Eligibility  for such abatement shall be determined annually; a property
      that becomes eligible for a year subsequent to the initial year in which
      such abatement is authorized by local law shall  receive  the  abatement
      for  such  subsequent year and for each year thereafter while it remains
      eligible and until the authorization for the abatement expires.  If  the
      enhanced  exemption granted pursuant to subdivision four of section four
      hundred twenty-five of this title is later discontinued or revoked,  the
      abatement   granted   pursuant   to   this  section  shall  likewise  be
      discontinued or revoked. If eligibility for the abatement or the  amount
      of  the  abatement  changes  after  the extension of taxes, the assessor
      shall notify the official responsible for the collection  or  refund  of
      taxes,  who shall calculate and impose or refund the difference in taxes
      accordingly.
        4. Computation  of  abatement  by  local  legislative  body.  (a)  The
      abatement  granted  pursuant to this section shall eliminate all or part
      of the tax that results from any increase in the general county tax rate
      applicable to the assessment roll finally completed in calendar year two
      thousand two as compared to the tax rate applicable  to  the  assessment
      roll  finally  completed in calendar year two thousand one. It shall not
      limit increases in tax that result from changes in  the  full  value  or
      taxable  value  of  property  or  from  subsequent tax rate increases or
      increases in taxes other than the general county tax.
        (b) The general county tax extended on an  eligible  parcel  shall  be
      abated by the abatement amount, which shall be calculated by multiplying
      the  taxable assessed valuation, after application of all exemptions for
      which such parcel is eligible for general county tax  purposes,  by  the
      abatement  tax  rate  determined  pursuant to this subdivision, provided
      that the abatement shall not exceed the  general  county  tax  otherwise
      chargeable to such eligible parcel.
        (c)  The local legislative body shall determine separate abatement tax
      rates for each class of property, each roll year and each portion of the
      county for which a general county tax rate is determined. The  abatement
      rate  shall  be  the base abatement tax rate calculated pursuant to this
      subdivision multiplied by the abatement ratio.
        (d) The abatement ratio shall be set forth in the local law, as it may
      be amended from time to time, which adopts the abatement  authorized  by
      this  section.  Such  ratio  shall  be  one-half  if  no  other ratio is
      specified in the local law. In no event shall  the  abatement  ratio  be
      greater than one.
        (e)  For  the general county tax levied on the assessment roll finally
      completed in calendar year two thousand two, the base abatement tax rate
      for a class shall  be  the  general  county  tax  rate  for  such  class
    
      applicable to such assessment roll, less the tax rate for such class for
      the roll finally completed in calendar year two thousand one.
        (f)  In  each  subsequent  year  the  base abatement tax rate shall be
      adjusted  to  account  for  changes  in  the  level  of  assessment   by
      multiplying the base abatement tax rate calculated pursuant to paragraph
      (e) of this subdivision by the ratio between the class equalization rate
      for  such class for the roll completed in calendar year two thousand two
      and the class equalization rate for such class for the  assessment  roll
      for such subsequent year.
        (g) If the equalized tax rate for a class in any year is less than the
      equalized  tax  rate for the roll finally completed in calendar year two
      thousand two but more than the rate for the roll completed  in  calendar
      year two thousand one, the base abatement tax rate shall be recalculated
      by dividing the difference between such equalized tax rates by the class
      equalization ratio for the roll year of the taxes to be abated.
        (h) If the equalized tax rate for a class and roll year after calendar
      year  two  thousand two is less than the equalized tax rate for the roll
      completed in calendar year two  thousand  one,  no  abatement  shall  be
      granted for property in such class for such roll year.
        (i)  For  purposes  of  this  section,  "class" shall have the meaning
      provided by section eighteen hundred two  of  this  chapter  and  "class
      equalization  rate"  shall  have  the meaning provided by section twelve
      hundred two of this chapter. The term "equalized tax  rate"  shall  mean
      the  general county tax rate for a class and roll year multiplied by the
      class equalization rate for such class and year.
        5. Cooperative apartment corporations, trailers and mobile homes.  The
      abatement  authorized  by  this  section  shall  apply  to taxes on real
      property owned by a cooperative corporation and to trailers  and  mobile
      homes  to  the  extent  such  taxes  are attributable to the property of
      eligible shareholders or owners and shall be credited against the  taxes
      or  rent otherwise payable by or chargeable to such eligible individuals
      in the same manner as is provided for the exemption granted  by  section
      four hundred twenty-five of this title.
        6.  Retroactive  implementation.  A local law adopted pursuant to this
      section may provide that benefits  shall  be  granted  retroactively  in
      respect  to  all  or  specified assessment rolls finally completed in or
      after the year two thousand two. Such local law  may  provide  that  the
      assessor  of  such  special  assessing  unit shall apply the retroactive
      abatement as a credit against current taxes for one or more years or may
      authorize the chief financial officer of the county to refund the excess
      taxes collected without interest in one  or  more  installments  over  a
      period of one or more years.