[Adopted 2-11-2015 by L.L. No. 1-2015]
The Town Board of the Town of Greenburgh finds it necessary to add a new Article XII entitled "Property Reassessment" to Chapter 440 of the Town Code to require that the Town conduct, at a minimum, a Reassessment in accordance with the cyclical reassessment program or any successor program defined by the New York State Office of Real Property Tax Services (ORPTS), which in 2014 was five years, for purposes of equitable and transparent assessments to provide residents with more stability and predictability in the imposition and payment of property taxes.
This article shall hereafter be known and cited as "Property
Reassessment."
At a minimum Town-wide Property Reassessment shall occur in
accordance with the cyclical reassessment program or any successor
program defined by the New York State Office of Real Property Tax
Services (ORPTS), which in 2014 set the standard at five years, for
purposes of equitable and transparent assessments.
[Added 7-19-2016 by L.L. No. 4-2016]
A.
Applicability. The Town Assessor shall, in the first year in which
revaluation assessments are to be entered on the assessment roll at
full value, and for the next succeeding year, apply to each eligible
residential property a residential reassessment exemption. Such exemption
shall also apply in the same manner and to the same extent to each
village, county, special district or school district that levies taxes
on the assessment roll prepared by such Town. A village within the
Town that has conducted a revaluation and that chooses to adopt the
Town's latest final assessment roll is permitted to adopt the provisions
of this subsection within two years of its implementation.
B.
Eligibility. The Town Assessor shall, in the first year in which revaluation assessments are to be entered on the assessment roll and for the next succeeding year, apply to each eligible residential property an exemption as provided in § 440-67.1C. For the purpose of this subsection, to be an eligible residential property, a property must meet the following criteria:
(1)
Be the subject of a residential reassessment exemption application
filed along with all supporting documentation with the office of the
Town Assessor on or before the appropriate May 1 taxable status date
for the assessment roll upon which the revaluation is implemented;
however, for the year 2016 only, the completed forms must be filed
with the office of the Town Assessor no later than September 15, 2016.
For any village which adopts the Town's assessment roll subsequent
to September 15, 2016, the application must be filed on or before
the May 1 taxable status date following the adoption of the roll.
(2)
Be a one-, two- or three-family residential property; however,
dwelling units in condominium form of ownership are not eligible unless
they are classified in the homestead class.
(3)
Be the primary residence of the owner(s) of record.
(4)
Be eligible to receive a Basic STAR or Enhanced STAR exemption,
or be eligible to receive the personal income tax school tax relief
credit.
(5)
Be current on all property taxes payments, which, for the purposes
of this subsection, means no property taxes are owed on the property
as of the May 1 taxable status date for the assessment roll on which
the exemption is applied.
(6)
Be owned by the same owners of record that appeared on the assessment
roll upon which the revaluation was implemented and remain in same
ownership throughout the term of the exemption; if ownership is changed,
the exemption will be discontinued.
(7)
Have a valid Certificate of Occupancy or Temporary Certificate
of Occupancy for the eligible residence.
(8)
Have a full value increase in assessment due to the reassessment,
not related to increases due to a physical improvement or a removal
or reduction of a property tax exemption, exceeding 25.00%.
(9)
Be free of building code violations, with permission and access
granted for an interior inspection of the property by a government
official if deemed necessary by the Town for verification.
(10)
Be in compliance with any other condition required by § 485-s
of the New York State Real Property Tax Law.
C.
Exemption calculation.
(1)
The exemption shall be computed with respect to a percentage
of the "exemption base."
(a)
The exemption base shall be the amount by which the assessed
value of a property on the assessment roll upon which the revaluation
is implemented exceeds the prior year's equalized assessed value,
as determined in the initial year. The prior year's equalized assessed
value shall be determined by applying the applicable change in level
of assessment factor to the prior year's assessed value. Such exemption
base shall not include increases due to a physical improvement or
a removal or reduction of an exemption on property.
(b)
Any increase in the assessment of a property due to physical
changes in the year following the implementation roll shall not be
eligible for the exemption.
(c)
In the event that any portion of a parcel is fully or partially
removed from the roll during the year following the implementation
roll by reason of fire, demolition, destruction or new exemption,
the Town Assessor shall reduce the exemption for any remaining portion
in the same proportion assessment is reduced for such fire, demolition,
destruction or new exemption.
(d)
If a property's revaluation assessment is reduced pursuant to
Article 5 (Administrative Review of Assessments), Title 1-A, or Article
7 (Judicial Review), Title 1 or Title 1-A, of the New York State Real
Property Tax Law, the exemption shall be recomputed accordingly.
(2)
The exemption shall be to the extent of 66% of the exemption
base in Year 1 and 33% of the exemption base in Year 2, as illustrated
in the following table:
|
Year of Exemption
|
Percentage of Exemption
| |
|
1
|
66% of exemption base
| |
|
2
|
33% of exemption base
| |
|
3
|
0% of exemption base
|
D.
Granting of exemption.
(1)
Such exemption shall be granted only upon application by the
owner or owners of such real property on a form issued by the Town
Assessor. Such application shall be filed with the Town Assessor on
or before the appropriate May 1 taxable status date for the assessment
roll upon which the revaluation is implemented; however, for the year
2016 only, the completed forms must be filed with the office of the
Town Assessor no later than September 15, 2016.
(2)
If the Town Assessor is satisfied that the applicant is entitled
to an exemption pursuant to this subsection, the Town Assessor shall
approve the application and the taxable assessed value shall be reduced
by the exemption, as this subsection provides, commencing with the
assessment roll prepared after the taxable status date. The assessed
value of any exemption granted pursuant to this subsection shall be
entered by the Town Assessor on the assessment roll with the amount
of the exemption shown in a separate column.
(3)
The Town Assessor shall give written notice of the such exemption
to the property owner.
(4)
Where the Town Assessor denies an exemption pursuant to § 485-s
of the Real Property Tax Law for the 2016 assessment roll, the property
owner may file a complaint with the Town's Board of Assessment Review
(BAR). The BAR shall reconvene on a date or dates established by the
Town, provided at least 10 days' notice is given in writing, by certified
mail, returned receipt requested, to the property owner, to hear the
appeal and determine the matter, and shall mail written notice of
its determination to the Town Assessor and property owner.
(5)
In the event that the residential property granted an exemption pursuant to this subsection has a transfer of ownership or otherwise ceases to meet the eligibility requirements of the exemption in § 440-67.1B, the exemption granted pursuant to this subsection shall be discontinued. Upon determining that an exemption granted pursuant to this subsection should be discontinued, the Town Assessor shall mail a notice so stating to the owner or owners thereof at the time and in the manner provided by § 510 of the New York State Real Property Tax Law.
(6)
Notwithstanding Sections 283.161 and 283.171 of the Westchester
County Administrative Code, for the purpose of implementing the residential
reassessment exemption, the Assessor shall file the 2016 assessment
roll on or before the first day of December.
(7)
The rights contained in this section shall not otherwise diminish
any other legally available right of any property owner or party who
may otherwise lawfully challenge the valuation or assessment of any
real property or improvements thereon. All remaining rights hereby
remain and shall be available to the party to whom such rights would
otherwise be available notwithstanding this section.
