This text of New York § 1905 (Commissioner adjustments for assessment rolls completed prior to nineteen hundred ninety) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1905. Commissioner adjustments for assessment rolls completed prior\nto nineteen hundred ninety. 1. Certification.
(a)Not later than the\nsixth assessment roll following the first assessment roll for which the\nsame homestead base proportions and non-homestead base proportions are\neffective in any approved assessing unit or eligible non-assessing unit\nvillage and not less than once in every three subsequent years, the\ncommissioner shall certify to the chief executive officer of such\napproved assessing unit or eligible non-assessing unit village and to\nthe appropriate fiscal officer of each county and school district in\nwhich such approved assessing unit is included, adjusted homestead base\nproportions and adjusted non-homestead base proportions. The\ncommissioner shall also cer
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§ 1905. Commissioner adjustments for assessment rolls completed prior\nto nineteen hundred ninety. 1. Certification. (a) Not later than the\nsixth assessment roll following the first assessment roll for which the\nsame homestead base proportions and non-homestead base proportions are\neffective in any approved assessing unit or eligible non-assessing unit\nvillage and not less than once in every three subsequent years, the\ncommissioner shall certify to the chief executive officer of such\napproved assessing unit or eligible non-assessing unit village and to\nthe appropriate fiscal officer of each county and school district in\nwhich such approved assessing unit is included, adjusted homestead base\nproportions and adjusted non-homestead base proportions. The\ncommissioner shall also certify to the executive officer of such\nassessing unit or eligible non-assessing unit village the current\npercentages determined pursuant to subdivision three of this section and\nused in calculating such proportions. Such certifications shall be made\nno later than thirty days prior to the last date provided by law for the\nlevy of taxes in each such approved assessing unit, eligible\nnon-assessing unit village, county or school district.\n (b) If it is made to appear to the commissioner by a statement of the\nassessors of an approved assessing unit, subscribed and affirmed by them\nas true under the penalties of perjury, that there has been a change in\nexcess of ten percent in the percentage that the estimated taxable\nmarket value of the homestead class constitutes of the total estimated\ntaxable market value of all real property in such assessing unit or\neligible non-assessing unit village or in any portion thereof since\ncertification of the most recent homestead base proportions and\nnon-homestead base proportions or adjusted homestead base proportions\nand adjusted non-homestead base proportions, the commissioner shall\ncertify adjusted homestead base proportions and adjusted non-homestead\nbase proportions and current percentages for such assessing unit,\neligible non-assessing unit village, or portion thereof in accordance\nwith the provisions of this section.\n (c) In the case of an approved assessing unit which has completed a\nrevaluation prior to the effective date of this section, the\ncommissioner shall certify adjusted homestead base proportions and\nadjusted non-homestead base proportions and current percentages for the\nfirst roll to which the provisions of section nineteen hundred three of\nthis article shall apply.\n 2. Base percentage. The commissioner shall compute for each such\napproved assessing unit or eligible non-assessing unit village and for\neach portion thereof the percentage that the estimated taxable market\nvalue of each of the homestead class and non-homestead class constitute\nof the total estimated taxable market value of all real property. Such\nbase percentage shall be computed on the basis of the assessed\nvaluations on the first assessment roll containing the revaluation or\nupdate which is the basis for the certification or recertification of\nsuch assessing unit as an approved assessing unit, except that:\n (a) in the case of approved assessing units which completed\nrevaluation programs prior to the effective date of this section, such\nbase percentage shall be computed on the basis of the first assessment\nroll which incorporated such revaluation;\n (b) in the case of eligible non-assessing unit villages, such base\npercentage shall be computed from the assessments on the village portion\nof the first town assessment roll containing revaluation assessments and\nused for the levy of village taxes; and\n (c) in the case of recertified approved assessing units which adopt\nlocal laws pursuant to subparagraph (ii) of paragraph (a) of subdivision\ntwo of section nineteen hundred three of this article, such base\npercentage shall be computed from the assessed valuations on the first\nassessment roll containing the update which is the basis for\nrecertification as an approved assessing unit.\n 3. Current percentage. (a) In each year in which the commissioner\ncompletes a market value survey which uses a base year assessment roll\nlater than that used in subdivision two of this section, it shall\ncompute for such base year assessment roll percentages as prescribed in\nsubdivision two of this section.\n (b) In the case of an approved assessing unit which has completed a\nrevaluation program prior to the effective date of this section, for the\npurpose of paragraph (d) of subdivision one of this section such\npercentages shall be computed on the basis of the assessed valuations on\nthe assessment roll which is the basis of the certification of such\napproved assessing unit.\n 4. Additional market value surveys. In the event that no market value\nsurvey as may be required to comply with the provisions of this section\nis otherwise available, the commissioner shall revise an existing survey\nor complete an additional survey in conformance with the requirements of\nthis section.\n 5. Computation of adjusted homestead base proportions and adjusted\nnon-homestead base proportions. In each year in which it is required to\ncompute a current percentage pursuant to subdivision one or three of\nthis section, such commissioner shall compute the adjusted homestead\nbase proportion and adjusted non-homestead base proportion as follows:\n (a) Divide the current percentage of each of the two classes which are\ndescribed in subdivision two of this section by the base percentage of\neach such class.\n (b) For each such class, multiply the result from paragraph (a) of\nthis subdivision by the proportion established in accordance with\nsubdivision two of section nineteen hundred three of this article. (c)\nSum the products obtained in paragraph (b) of this subdivision and\ndivide the product for each such class by such sum. The result for the\nhomestead class is the adjusted homestead base proportion and the result\nfor the non-homestead class is the adjusted non-homestead base\nproportion.\n 6. The provisions of this section shall apply to assessment rolls\ncompleted prior to nineteen hundred ninety.\n