§ 727 — Prohibition against change in assessment following litigation

New York § 727

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 1: General Provisions
• Art. 7: Judicial Review

Text

§ 727. Prohibition against change in assessment following litigation.\n1. Except as hereinafter provided, and except as to any parcel of real\nproperty located within a special assessing unit as defined in article\neighteen of this chapter where an assessment being reviewed pursuant to\nthis article is found to be unlawful, unequal, excessive or\nmisclassified by final court order or judgment, the assessed valuation\nso determined shall not be changed for such property for the next three\nsucceeding assessment rolls prepared on the basis of the three taxable\nstatus dates next occurring on or after the taxable status date of the\nmost recent assessment under review in the proceeding subject to such\nfinal order or judgment. Where the assessor or other local official\nhaving custody and control of the assessment roll receives notice of the\norder or judgment subsequent to the filing of the next assessment roll,\nhe or she is authorized and directed to correct the entry of assessed\nvaluation on the assessment roll to conform to the provisions of this\nsection.\n 2. An assessment on property subject to the provisions of subdivision\none of this section may be changed on an assessment roll where:\n (a) There is a revaluation or update of all real property on the\nassessment roll;\n (b) There is a revaluation or update in a special assessing unit of\nall real property of the same class;\n (c) There has been a physical change (improvement) to the property;\n (d) The zoning of such property has changed;\n (e) Such property has been altered by fire, demolition, destruction or\nsimilar catastrophe;\n (f) An action has been taken by any office of the federal, state or\nlocal government which caused a discernible change in the general area\nwhere the property is located which directly impacts on property values;\n (g) There has been a change in the occupancy rate of twenty-five\npercent or greater in a building located on a property which is not\neligible for an assessment review under title one-A of this article\n(small claims assessment review);\n (h) The owner of the property becomes eligible or ineligible to\nreceive an exemption; or\n (i) The use or classification of the property has changed.\n 3. No petition for review of the assessment on such property shall be\nfiled while the provisions of subdivision one of this section are\napplicable to such property.\n