Section 253. Recording tax

1. A tax of fifty cents for each one hundred
  dollars and each remaining major fraction thereof of principal  debt  or
  obligation which is, or under any contingency may be secured at the date
  of the execution thereof or at any time thereafter by a mortgage on real
  property situated within the state recorded on or after the first day of
  July, nineteen hundred and six, is hereby imposed on each such mortgage,
  and  shall  be  collected  and  paid as provided in this article. If the
  principal debt or obligation which is  or  by  any  contingency  may  be
  secured  by  such  mortgage  recorded on or after the first day of July,
  nineteen hundred and seven, is less than one hundred dollars, a  tax  of
  fifty  cents  is hereby imposed on such mortgage, and shall be collected
  and paid as provided in this article.
    1-a. * (a) In addition to the tax imposed by subdivision one  of  this
  section,  there  shall  be  imposed  on  each  mortgage of real property
  situated within the state, except mortgages wherein the mortgagee  is  a
  natural  person  or  persons  and the mortgaged premises consist of real
  property improved by a structure  containing  six  residential  dwelling
  units  or  less,  each  with  separate  cooking  facilities,  a  special
  additional tax of twenty-five cents for each  one  hundred  dollars  and
  each  remaining  major  fraction thereof of principal debt or obligation
  which is, or under any  contingency  may  be  secured  at  the  date  of
  execution thereof or at anytime thereafter by such mortgage. The tax, if
  any,  imposed  by  this  subdivision  shall  in  cases  of real property
  principally improved or  to  be  improved  by  one  or  more  structures
  containing  in  the  aggregate  not  more  than six residential dwelling
  units, each dwelling unit having its own separate cooking facilities, be
  paid by the mortgagee, and such  tax  shall  not  be  paid  or  payable,
  directly or indirectly, by the mortgagor except as otherwise provided in
  sections  two  hundred  fifty-eight  and  two hundred fifty-nine of this
  article and except such tax shall be paid in such cases by the mortgagor
  where the mortgagee is an exempt organization described in paragraph (b)
  of this subdivision. In all other cases, such tax shall be paid  by  the
  mortgagor  except  that the tax shall be paid by the mortgagee where the
  mortgagor is an exempt organization described in paragraph (b)  of  this
  subdivision.  All  of  the  provisions  of this article shall apply with
  respect to the special additional tax imposed by this subdivision to the
  same extent as if it were  imposed  by  said  subdivision  one  of  this
  section, except as otherwise expressly provided in this article.
    * NB Effective until January 1, 2010
    * (a)  In  addition  to  the  tax  imposed  by subdivision one of this
  section, there shall be  imposed  on  each  mortgage  of  real  property
  situated  within  the state, except mortgages wherein the mortgagee is a
  natural person or persons, or is a credit union as  defined  in  section
  two  of  the  banking  law,  and  in  either case the mortgaged premises
  consist  of  real  property  improved  by  a  structure  containing  six
  residential   dwelling   units  or  less,  each  with  separate  cooking
  facilities, a special additional tax of twenty-five cents for  each  one
  hundred  dollars  and each remaining major fraction thereof of principal
  debt or obligation which is, or under any contingency may be secured  at
  the date of execution thereof or at anytime thereafter by such mortgage.
  The  tax,  if  any,  imposed  by this subdivision shall in cases of real
  property  principally  improved  or  to  be  improved  by  one  or  more
  structures  containing  in  the  aggregate not more than six residential
  dwelling units, each dwelling  unit  having  its  own  separate  cooking
  facilities,  be paid by the mortgagee, and such tax shall not be paid or
  payable, directly or indirectly, by the mortgagor  except  as  otherwise
  provided  in sections two hundred fifty-eight and two hundred fifty-nine
  of this article and except such tax shall be paid in such cases  by  the

  mortgagor  where  the  mortgagee  is an exempt organization described in
  paragraph (b) of this subdivision. In all other cases, such tax shall be
  paid by the mortgagor except that the tax shall be paid by the mortgagee
  where the mortgagor is an exempt organization described in paragraph (b)
  of  this  subdivision. All of the provisions of this article shall apply
  with respect to the special additional tax imposed by  this  subdivision
  to the same extent as if it were imposed by said subdivision one of this
  section, except as otherwise expressly provided in this article.
    * NB Effective January 1, 2010
    (b)  An organization organized other than for profit which is operated
  on a nonprofit basis no part of the net earnings of which inures to  the
  benefit  of  any  officer,  director  or member and which is exempt from
  federal income taxation pursuant  to  subsection  (a)  of  section  five
  hundred  one  of  the  internal  revenue  code  shall be exempt from the
  special additional tax imposed by this subdivision.
    2. (a) In addition to the taxes imposed by subdivisions one and  one-a
  of  this  section,  there  shall  be  imposed  on  each mortgage of real
  property situated within the state recorded on or after the first day of
  July, nineteen hundred sixty-nine,  an  additional  tax  of  twenty-five
  cents  for  counties outside of the metropolitan commuter transportation
  district, as defined pursuant to section twelve hundred sixty-two of the
  public authorities law,  and  thirty  cents  for  counties  within  such
  metropolitan  commuter  transportation  district  for  each  one hundred
  dollars and each remaining major fraction thereof of principal  debt  or
  obligation which is, or under any contingency may be secured at the date
  of  execution thereof or at any time thereafter by such mortgage, saving
  and excepting the first ten thousand dollars of such principal  debt  or
  obligation in any case in which the related mortgage is of real property
  principally  improved or to be improved by a one or two family residence
  or dwelling.   All the provisions  of  this  article  shall  apply  with
  respect  to  the  additional tax imposed by this subdivision to the same
  extent as if it were  imposed  by  the  said  subdivision  one  of  this
  section,  except  as  otherwise  expressly provided in this article. The
  imposition of this additional tax on  mortgages  recorded  in  a  county
  outside  the  city of New York, other than one of the counties from time
  to time comprising the metropolitan  commuter  transportation  district,
  the  Niagara  Frontier  transportation  district,  the Rochester-Genesee
  transportation district, the capital district transportation district or
  the central New York regional transportation district may  be  suspended
  for  a  specified  period  of time or without limitation as to time by a
  local law, ordinance or resolution duly adopted by the local legislative
  body of such county.
    (b) Any local law, ordinance or resolution suspending  the  imposition
  of this additional tax as provided in paragraph (a) of this subdivision,
  or  amending or repealing such local law, ordinance or resolution, shall
  take effect only on the first day of  the  third  month  succeeding  the
  month  in which such local law, ordinance or resolution is duly adopted.
  Such a local law, ordinance or resolution shall not be effective  unless
  a  certified  copy  thereof is mailed by registered or certified mail to
  the state tax commission at its office in Albany  at  least  sixty  days
  prior  to  the  date  the  local law, ordinance or resolution shall take
  effect. However, the tax commission may waive and reduce such  sixty-day
  notice  requirement  to a requirement that such certified copy be mailed
  by registered or certified mail within a period of not less than  thirty
  days  prior  to  such  effective  date  if  it  deems  such action to be
  consistent with its duties under this article. A certified copy  of  any
  local  law, ordinance or resolution adopted pursuant to this subdivision

  shall also be filed with the state comptroller within  five  days  after
  the date it is duly adopted.
    3.  Notwithstanding  any  other  provision of law to the contrary, the
  mortgage recording tax shall not be imposed upon any  mortgage  executed
  by a voluntary nonprofit hospital corporation, fire company or voluntary
  ambulance  service  as  defined  in  section  one hundred of the general
  municipal law, or upon any  mortgage  executed  by  or  granted  to  the
  dormitory authority.