[Amended 12-12-1994 by L.L. No. 21-1994]
As used in this article, the following terms
shall have the meanings indicated:
APPLICANT
Any aggrieved party who files a grievance relative to the
assessment of an income-producing property under the Real Property
Tax Law.
INCOME-PRODUCING PROPERTY
Real property leased to one or more tenants and owned for
the purpose of securing an income from the property itself, but shall
not include residential property containing three or fewer dwelling
units or property classified in Class 1 as defined in Article 18 of
the Real Property Tax Law.
OWNER
The holder of legal title to the income-producing property.
[Amended 12-12-1994 by L.L. No. 21-1994]
Where real property is income-producing property
and the applicant files a grievance relative to the assessment of
said property, the applicant shall be required to submit to the Assessor,
not later than the first day of March of the calendar year said grievance
has been filed, a statement of all of owner's income derived from
and all expenses attributed to the operation of such property as follows:
A. Where the owner's books and records reflecting the
operation of the property are maintained on a calendar year basis,
the statement shall be for the calendar year preceding the date the
statement shall be filed.
B. Where the owner's books and records reflecting the
operation of the property are maintained on a fiscal year basis for
federal income tax purposes, the statement shall be for the last fiscal
year concluded as of the first day of January preceding the date the
statement shall be filed.
C. Notwithstanding the provisions of Subsections
A and
B of this section, where the owner of the real property has not operated the property and is without knowledge of the income and expenses of the property for a consecutive twelve-month period concluded as of the first day of January preceding the date the statement shall be filed, then the statement shall be for the period of the ownership.
D. The Assessor may, for good cause shown, extend the
time for filing an income and expense statement by a period not to
exceed 30 days.
[Amended 12-12-1994 by L.L. No. 21-1994]
The owner shall be required to certify, in writing,
any and all income and expense statements as follows:
"I certify that all the information contained
in this statement is true and correct to the best of my knowledge
and belief. I understand that the willful making of any false statement
of material fact herein will subject me to the provisions of law relevant
to the making and filing of false instruments and will render this
statement null and void."
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The form on which such statement shall be submitted
shall be prepared by the Assessor, and copies of such form shall be
made available at said Assessor's office in the Village of Pleasantville.
[Amended 12-12-1994 by L.L. No. 21-1994]
A. In the event that an applicant fails to file an income and expense statement within the time prescribed in §
166-23 of this article (including any extension of time for filing), the Board of Assessment Review shall dismiss any complaint in relation to the assessment of such property by the applicant.
B. In the event that an income and expense statement
required under the provisions of this section has not been timely
filed, the Assessor may compel by subpoena the production of the books
and records of the owner relevant to the income and expense of the
property and may also make application to any court of competent jurisdiction
for an order compelling the owner to furnish the required income and
expense statement and the books and records to the income and expenses
of the property. In the event that such an order is issued, the Assessor
shall be entitled to recover from the applicant the costs and expense,
including attorneys' fees, incurred by the Village in connection with
the proceeding to obtain and enforce the order.