Section 734. Refund of taxes resulting from small claims assessment review  


Latest version.
  • 1. If in a final order  in  any  proceeding  under  this  title,  it  is
      determined  that  the  assessment  reviewed  was  excessive  or  unequal
      pursuant to section seven hundred thirty of this title  and  ordered  or
      directed  that  the same be corrected and such order is not made in time
      to enable the assessors or other appropriate officer, board or  body  to
      make  a  new  or  corrected  assessment  prior  to the expiration of the
      warrant for the collection of any tax or special ad  valorem  levy  upon
      the  real  property  the  assessment  of which has been determined to be
      excessive or unequal, then any amount at any time  collected  upon  such
      excessive or unequal assessments shall be refunded within ninety days of
      such  decision  in  the  same  manner  as  provided for in section seven
      hundred twenty-six  of this chapter or as is otherwise provided  by  law
      with  respect to Nassau and Suffolk counties, provided, however, that no
      application need be made by the petitioner for such refund.  The  notice
      of the hearing officer to the clerk of the tax district shall constitute
      an  application  for  refund  for  the  purpose of this section. Where a
      refund is not made within ninety days, interest in  the  amount  of  one
      percent  per  month shall be added to the amount to be refunded for each
      month or part  thereof  in  excess  of  ninety  days  and  paid  to  the
      petitioner.  Notwithstanding  paragraph (a) or (b) of subdivision one of
      section seven hundred twenty-six of this chapter,  where  an  assessment
      reduction  is not in excess of ten thousand dollars the amount of tax or
      other levy, including interest thereon, to be refunded shall be  charged
      to  the  municipal  corporation  or  special district by or on behalf of
      which they were levied; or as is otherwise provided by law with  respect
      to Nassau and Suffolk counties.
        2. In a city having a population of one million or more, the notice of
      the hearing officer shall be mailed to the office of the city collector.