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20 CRR-NY 8186-3.5NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 20. DEPARTMENT OF TAXATION AND FINANCE

CHAPTER XVI. REAL PROPERTY TAX ADMINISTRATION

PART 8186. STATE EQUALIZATION RATES, RATIOS AND ADJUSTMENTS

SUBPART 8186-3. SPECIAL EQUALIZATION RATES AND CHANGES IN LEVEL OF ASSESSMENT FOR ASSESSMENTS, CEILINGS, EXEMPTIONS AND APPORTIONMENT PURPOSES

20 CRR-NY 8186-3.5

8186-3.5 Determination of special equalization rates and certification of changes in level of assessment for assessment purposes.

(a) Upon receipt of parts 1 and 2 and, if required, parts 6 and 7 of the assessor's report, the change in level of assessment since the prior roll shall be determined. If there has been a material change in level of assessment since the establishment of the final State equalization rate for the prior roll, special equalization rates will be established and change in level of assessment factors will be certified for the following purposes:

(1) the determination of agricultural value ceilings (Agriculture and Markets Law, section 305);

(2) the determination of the assessments of county owned reforested lands (County Law, section 219);

(3) the determination of the taxable assessed value of State-subsidized municipal housing authority property (Public Housing Law, sections 52 and 73);

(4) the determination of eligible funds veterans exemption (Real Property Tax Law, section 458) and alternative veterans exemptions (Real Property Tax Law, section 458-a);

(5) the determination of the assessments of industrial development agency railroad property (Real Property Tax Law, section 412-b);

(6) the determination of the assessments of certain eligible forest lands (Real Property Tax Law, section 480);

(7) the determination of the amount of exemption of certain eligible forest land (Real Property Tax Law, section 480-a);

(8) the determination of the exempt amounts for business investment exemptions (Real Property Tax Law, section 485-b);

(9) the determination of exempt amounts for alteration and improvements to multiple dwellings in certain cities (Real Property Tax Law, section 489);

(10) the determination of railroad ceilings (Real Property Tax Law, sections 489-l, 489-jj);

(11) the adjustment of the assessed value of certain taxable State land (Real Property Tax Law, sections 534, 542);

(12) the determination of the assessments of oil and gas economic units (Real Property Tax Law, section 594);

(13) except for a special assessing unit, the determination of special franchise assessments (Real Property Tax Law, section 606);

(14) the determination of residential assessment ratios (Real Property Tax Law, section 738);

(15) the determination of base amounts for the purpose of determining economic development zone exemptions (Real Property Tax Law, section 485-e);

(16) the determination of the equalized value of property for the purpose of small claims assessment review (Real Property Tax Law, section 730);

(17) the determination of the equalized value of property in New York City and the Counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester for the purpose of deciding eligibility to receive an economic development power allocation (Economic Development Law, section 187);

(18) the determination of the taxable assessed value of State-subsidized municipal housing authority property and turnkey/enhanced rental projects (Private Housing Finance Law, section 1106-h);

(19) the determination of exempt amounts for reconstruction, alteration or improvement of residential buildings (Real Property Tax Law, section 421-f); and

(20) the determination of exempt amounts for historic barns exemptions (Real Property Tax Law, section 483-b).

(b) Upon the request of the assessor, ORPTS, prior to the approval deadline, may determine a special equalization rate for assessment purposes, if there is a change in level of assessment of less than two percent since the establishment of the State equalization rate for the prior roll.

(c) Where a special equalization rate is not otherwise warranted but the final State equalization rate for the prior roll is greater than 100.00, a special equalization rate of 100.00 shall be established for the purposes of:

(1) determining agricultural value ceilings; and

(2) determining assessments of oil and gas economic units.

(d) For the Tompkins County assessment roll, a change in level of assessment factor shall be certified for the purpose of determining residential assessment ratios for each group of municipalities on the county assessment roll where the same dates have been set by law as the last date for the filing of the latest final assessment roll and the last date for the filing of the prior final assessment roll.

(e) Not later than the approval deadline, where a request has been received on a timely basis, a special equalization rate shall be established for the determination of special franchise assessments where there is change in level of assessment of less than two percent.

(f) The appropriate assessor and county director shall be notified of each special equalization rate or change in level of assessment factor approved as provided for in this section, with the exception of special equalization rates established for the purposes of special franchise assessments, railroad ceilings, assessments of taxable State land and residential assessment ratios. The notice shall contain, as a minimum:

(1) the name of the municipality;

(2) the special equalization rate(s);

(3) the certified change in level of assessment factor(s); and

(4) the purpose(s) for which the special equalization rate(s) and certified change in level of assessment factor(s) were established.

20 CRR-NY 8186-3.5

Current through February 28, 2023

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.