Section 511. Assessment disclosure; notice and meetings  


Latest version.
  • 1. In the year of a
      revaluation  or  update  of  assessments, the assessor shall, and in any
      other year may, not later than sixty days prior to the date set  by  law
      for  the  filing of the tentative assessment roll, mail to each owner of
      real property therein, an assessment disclosure  notice  in  the  format
      provided  in  paragraph (a) of subdivision two of this section. However,
      pursuant to a resolution adopted by the governing board of the assessing
      unit, other than a special assessing unit or an approved assessing  unit
      which  has  adopted  the provisions of section nineteen hundred three of
      this chapter, such assessment disclosure notice shall  include  in  lieu
      thereof  the items specified in paragraph (b) of subdivision two of this
      section.
        2. (a) Tax dollar comparison. Such notice shall  identify  the  parcel
      for  which  it  has  been  mailed  and  shall  include:  (i)  the parcel
      description; (ii) the final taxable assessment of  the  parcel  for  the
      previous  year;  (iii) the current preliminary taxable assessment of the
      parcel; (iv) as a minimum, the actual extension of city  or  town  taxes
      for the prior year to a hypothetical extension of the same taxes against
      the  preliminary  determination  of  assessed value for the current year
      adjusted for  changes  in  the  condition  of  real  property;  (v)  the
      difference  between  the  actual and hypothetical extensions; and (vi) a
      statement advising the owner of real property that  the  net  difference
      reflected  in  the  statement  does  not  represent  the  property's tax
      liability for any ensuing fiscal  year.  This  notice  shall  contain  a
      statement that tax liability may be affected by changes in (1) municipal
      budgets,  (2)  assessments of other real property prior to completion of
      the final assessment roll, and if school or county taxes, or  both,  are
      compared,  (3)  apportionment of relative municipal shares of county and
      school district levies. The notice shall also contain a statement that a
      publication  containing  procedures  for  contesting  an  assessment  is
      available  at the assessor's office and such other information as may be
      required by the state board.
        (b) Alternative disclosure notice.  Such  notice  shall  identify  the
      parcel  for  which  it has been mailed and shall include: (i) the parcel
      description; (ii) the final taxable assessment of  the  parcel  for  the
      previous  year;  (iii) the current preliminary taxable assessment of the
      parcel; and (iv) an estimate of how much the tax liability of the parcel
      would  change  if  the  preliminary  taxable   assessments   should   be
      implemented  and  if  all other relevant factors should remain constant.
      Such estimate shall be calculated by subtracting the  percentage  change
      in  the preliminary taxable assessment of the parcel from the percentage
      change in the preliminary total taxable assessments  of  the  assessment
      roll  as  a  whole, and dividing that result by the percentage change in
      the preliminary taxable assessment of  the  parcel  and  expressing  the
      result, whether positive or negative, either as a percentage, rounded to
      the  nearest  whole  percentage,  or specifying a range within which the
      percentage falls,  provided  that  such  range  shall  not  exceed  five
      percentage  points.  The  notice  shall further state that the estimated
      change in tax liability is only an estimate, and  that  the  actual  tax
      liability  may  ultimately  be  affected  by  changes  in  (1) municipal
      budgets, (2) assessments of other real property prior to  completion  of
      the  final  assessment roll, and (3) if school or county taxes, or both,
      are compared, apportionment of relative municipal shares of  county  and
      school  district  levies.  In addition, the notice shall state: that the
      preliminary assessments for the assessing unit are subject to adjustment
      prior to the filing  of  the  tentative  assessment  roll;  and  that  a
      publication  containing  procedures  for  contesting  an  assessment  is
      available at the assessor's office.
    
        3. Subsequent to the mailing of the notice required by subdivision one
      of this section, the assessor and  representatives  of  any  independent
      contractors  employed  in the revaluation program, shall be available to
      provide  explanations  of  the  program,  including   consideration   of
      objections  or  complaints  of  owners  of  real  property  within  said
      assessing unit.
        4. In any assessing unit subject to the provisions of this section, if
      the assessed value of any property on the tentative assessment  roll  is
      different from the preliminary determination of assessed value set forth
      on the assessment disclosure notice described in subdivision one of this
      section,  the assessor, not later than ten days prior to the date set by
      law for the hearing of complaints by the  board  of  assessment  review,
      shall  mail  a  notice  to  the  owner  of  such  property  stating  the
      preliminary  determination  of  assessed  valuation  on  the  assessment
      disclosure  notice  and  the  assessment  set  forth  on  the  tentative
      assessment roll, explaining the procedure to be  followed  in  obtaining
      review  of such assessment and setting forth the date or dates and times
      at which the board of assessment review will  meet  to  hear  complaints
      with respect to assessments.
        5.  Failure to mail either notice described in this section or failure
      of the owner to receive the same shall not prevent the levy,  collection
      and enforcement of the payment of the taxes on such real property.
        6.  No separate notice shall be required to be mailed pursuant to this
      section for property subject to taxation pursuant to title two  of  this
      article  provided  the  assessor  complies  with the notice provision of
      section five hundred forty-two of such title.
        7. The state board shall promulgate rules and regulations  to  provide
      for the implementation of the provisions of this section.
        8. Whenever an assessing unit has mailed assessment disclosure notices
      to  each  owner  of real property therein pursuant to this section, that
      assessing unit is not required to mail notices pursuant to this  section
      if  it implements a reassessment at the same uniform percentage of value
      as the previous reassessment in either  of  the  two  years  immediately
      succeeding that previous reassessment.