Section 524. Complaints with respect to assessments  


Latest version.
  • 1. Complaints with
      respect to assessments may be filed with the assessor at any time  prior
      to  the  hearing  of the board of assessment review or with the board of
      assessment review at such hearing, but may not be filed with  the  board
      of  assessment  review  at any adjourned hearing it may conduct. Where a
      complaint is filed within three business days  preceding  such  hearing,
      the  board of assessment review shall grant an assessor's request for an
      adjournment to  permit  the  assessor  to  prepare  a  response  to  the
      complaint.  Any complaint filed on or before the date established by law
      for the hearing of the  board  of  assessment  review  shall  be  deemed
      timely.
        2.  The  grounds  for  review  of  an  assessment  shall  be  that the
      assessment complained of is excessive, unequal or unlawful, or that real
      property is misclassified.
        3. Notwithstanding the provisions of section five hundred twenty-eight
      of this title, and except in cities with a population of five million or
      more, a complaint with respect to an  assessment  shall  be  on  a  form
      prescribed  by  the  state  board  and  shall  consist  of  a  statement
      specifying the respect in which the assessment is excessive, unequal  or
      unlawful,  or  the  respect in which 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 statement shall also contain an estimate of the value of  the  real
      property.    Such statement must be made by the person whose property is
      assessed, or by some person authorized in writing by the complainant  or
      his  officer  or  agent  to make such statement who has knowledge of the
      facts stated therein. Such written authorization must be made a part  of
      such  statement  and  bear  a  date within the same calendar year during
      which the complaint is filed. Such  statement  shall  also  contain  the
      following  sentence:  "I  certify  that  all  statements  made  on  this
      application 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 instruments".  Such statement
      shall  also  include  a statement, which, if signed by both the assessor
      and the complainant  or  his  or  her  authorized  representative  shall
      constitute  a  stipulation  to  the  assessed value to be applied to the
      subject parcel. Where such stipulated assessed value is entered  on  the
      final  assessment  roll,  no  review  of the assessment shall be allowed
      pursuant to article seven of this chapter.
        4.  In  the  case  of  real  property  assessed  in  accordance   with
      subdivision  one  of  section  three  hundred  thirty-nine-y of the real
      property law, the board of managers acting as agent of one or more  unit
      owners  pursuant  to  subdivision four of such section may file a single
      complaint on behalf of all such unit owners.