[Adopted 6-22-2020 by L.L. No. 2-2020[1]]
[1]
Editor’s Note: This local law also superseded former
Art. VI, Exemption for Improvements to Residential Buildings, adopted
5-28-2018 by L.L. No. 4-2018.
[Amended 5-9-2022 by L.L. No. 6-2022]
This article is adopted pursuant to Section 421-f of the Real
Property Tax Law for the purpose of exempting capital improvements
to residential buildings from taxation and special ad valorem levies
as hereinafter provided and shall be applied in accordance with that
statute, as amended from time to time. To the extent this article
may conflict with applicable portions of the General City Law of the
State of New York, it is the stated intention of the City Common Council
to exercise its authority to supersede and amend as granted under
§ 10 of the Municipal Home Rule Law of the State of New
York. The City Common Council hereby provides notice that it is exercising
its authority to supersede and amend pursuant to § 22 of
the Municipal Home Rule Law of the State of New York.
As used in this article, the following terms shall have the
meanings indicated:
The City of Port Jervis Assessor.
[Added 5-9-2022 by L.L. No. 6-2022]
Shall not include ordinary maintenance and repairs.
Any building or structure designed and occupied exclusively
for residential purposes by not more than two families.
A.
Residential buildings reconstructed, altered, or improved subsequent
to the effective date of this article shall be exempt from taxation
and special ad valorem levies to the extent provided herein.
B.
No such exemption shall be granted for reconstruction, alterations,
or improvements unless:
(1)
Such reconstruction, alteration or improvement was commenced subsequent
to the effective date of this article; and
(2)
The value of such reconstruction, alteration, or improvement exceeds
$5,000; and
(3)
The greater portion, as so determined by square footage, of the building
reconstructed, altered, or improved is at least five years old.
C.
Nothing herein shall require any assessor to find that any alteration,
installation or improvement has necessarily increased or improved
the assessed value of any property.
A.
The buildings described in § 475-33 shall be exempt for a period of eight years to the extent of the following percentages of the increase in the "exemption base" as defined in Real Property Tax Law § 421-f as the increase in assessed value thereof attributable to such reconstruction, alteration or improvement, modified as required by Subdivision 2(a)(ii) of RPTL § 421-f.
|
Year
|
Exemption Percentage
|
|---|---|
|
1
|
100.0%
|
|
2
|
75.0%
|
|
3
|
50.0%
|
|
4
|
25.0%
|
|
5
|
0.0%
|
|
6
|
0.0%
|
|
7
|
0.0%
|
|
8
|
0.0%
|
B.
The exemption shall be limited to $80,000 in increased market value
of the property attributable to such reconstruction, alteration, or
improvement, but not less than $5,000.
A.
An exemption shall be granted only upon application by the owner
of the building on a form prescribed by the Real Property Tax Law
or equivalent form distributed by the Assessor. The application shall
be filed with the City of Port Jervis Assessor having power to assess
property for taxation on or before the appropriate taxable status
date for the City of Port Jervis.
[Amended 5-9-2022 by L.L. No. 6-2022]
B.
If satisfied that the applicant is entitled to an exemption pursuant
to this article, the Assessor shall approve the application and such
building shall thereafter be exempt from taxation and special ad valorem
levies as herein provided commencing with the assessment roll prepared
on the basis of the taxable status date. The assessed value of any
exemption granted pursuant to this article shall be entered by the
Assessor on the assessment roll with the taxable property, with the
amount of the exemption shown in a separate column.
[Amended 5-9-2022 by L.L. No. 6-2022]
In the event that a building granted an exemption pursuant to
this article ceases to be used primarily for residential purposes
or title thereto is transferred to a person or entity other than the
heirs or distributees of the owner, the exemption shall cease.
[Amended 5-9-2022 by L.L. No. 6-2022]
This article shall automatically expire and the exemption authorized hereunder shall no longer be available to new applicants after two years from the date of its adoption unless further acted upon by action of the Port Jervis Common Council. This article shall automatically expire and be no further effect and the exemption granted hereunder shall cease immediately upon the adoption of a local law by the City of Port Jervis Common Council pursuant to any amendment of Real Property Tax Law § 421-f, including a special law enacted by the State Legislature pursuant to a home rule request under the Municipal Home Rule Law. However, all exemptions granted hereunder which shall have become effective prior to the automatic expiration thereof by any event defined in this section shall continue beyond such expiration according to the terms of §§ 475-31 through 475-36 hereof.
[Added 5-9-2022 by L.L. No. 6-2022]
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
