Section 1438-B. Imposition of tax  


Latest version.
  • Notwithstanding any other provisions of
      law  to  the  contrary,  the  town  of Red Hook, acting through its town
      board, is hereby authorized and empowered to adopt a local law  imposing
      in  such  town  a  tax  on  each conveyance of real property or interest
      therein not to exceed a maximum of two percent of the consideration  for
      such conveyance, subject to the exemptions set forth in section fourteen
      hundred thirty-eight-e of this article; any such local law shall fix the
      rate  of  such  tax.  Provided,  however,  any  such local law imposing,
      repealing or reimposing  such  tax  shall  be  subject  to  a  mandatory
      referendum  pursuant  to section twenty-three of the municipal home rule
      law. Notwithstanding the foregoing, prior to adoption of such local law,
      the town must  establish  a  community  preservation  fund  pursuant  to
      section  sixty-four-h  of  the town law. Revenues from such tax shall be
      deposited in such fund and may be used solely for the purposes  of  such
      fund. Such local law shall apply to any conveyance occurring on or after
      the  first  day of a month to be designated by such town board, which is
      not less than sixty days after the enactment  of  such  local  law,  but
      shall  not  apply  to conveyances made on or after such date pursuant to
      binding written contracts entered into prior to such date, provided that
      the date of execution of  such  contract  is  confirmed  by  independent
      evidence  such as the recording of the contract, payment of a deposit or
      other facts and circumstances as determined by the treasurer.
        * NB Repealed December 31, 2026