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New York Real Property Tax Law Section 307-a - Additional Tax On Class One Property

Legal Research Home > New York Lawyer > Real Property Tax > New York Real Property Tax Law Section 307-a - Additional Tax On Class One Property

    § 307-a.  Additional  tax  on  class  one  property.  1.  Generally.
  Notwithstanding any provision of any general, special or  local  law  to
  the  contrary,  any  city  with  a  population of one million or more is
  hereby authorized and  empowered  to  adopt  and  amend  local  laws  in
  accordance with this section imposing an additional tax on certain class
  one  properties,  as  such  properties  are  defined in section eighteen
  hundred two of this chapter, excluding vacant land.
    2. Definitions. As used in this section:
    (a) "Commissioner of finance" means the commissioner of finance  of  a
  city having a population of one million or more, or his or her designee.
    (b)  "Department of finance" means the department of finance of a city
  having a population of one million or more.
    (c) "Net real property tax" means the real property  tax  assessed  on
  class  one  property  after  deduction  for  any  exemption or abatement
  received pursuant to this chapter.
    3. Additional tax. A local law enacted pursuant to  this  section  may
  provide  for  a  real  property  tax  surcharge  in  an amount (a) up to
  twenty-five percent of net real  property  taxes  for  the  fiscal  year
  beginning July first, two thousand three, and (b) up to fifty percent of
  net  real  property  taxes  for  fiscal years beginning on or after July
  first, two thousand four.
    4. Property subject to additional tax. Such surcharge shall be imposed
  on class one property,  excluding  vacant  land,  that  provides  rental
  income  and  is not the primary residence of the owner or owners of such
  class one property, or the primary residence of the parent or  child  of
  such owner or owners.
    5.  Rental  income,  primary residence and/or relationship to owner or
  owners. The property shall be deemed to be the primary residence of  the
  owner  or  owners thereof, if such property would be eligible to receive
  the real  property  tax  exemption  pursuant  to  section  four  hundred
  twenty-five  of this chapter, regardless of whether such owner or owners
  has filed an application for, or the  property  is  currently  receiving
  such  exemption.  Proof  of  primary  residence  and  the  resident's or
  residents' relationship to the owner or owners and the absence of rental
  income shall be in the form of a certification as required by local  law
  or the rules of the commissioner.
    6.  Rules.  The department of finance of any city enacting a local law
  pursuant to this section shall have, in addition to any other functions,
  powers and duties which have been or may be conferred on it by law,  the
  power  to  make  and  promulgate rules to carry out the purposes of this
  section including, but not limited to, rules  relating  to  the  timing,
  form and manner of any certification required to be submitted under this
  section.
    7.  Penalties.  (a)  Notwithstanding  any  provision  of  any general,
  special or local law to the  contrary,  an  owner  or  owners  shall  be
  personally  liable  for any taxes owed pursuant to this section whenever
  such owner or owners fail to comply with this section or the  local  law
  or  rules  promulgated  thereunder,  or  makes  such false or misleading
  statement or omission and the commissioner determines that such act  was
  due  to  the  owner  or  owners'  willful  neglect,  or  that under such
  circumstances such act constituted a fraud on the department. The remedy
  provided herein for an action in personam shall be in  addition  to  any
  other   remedy  or  procedure  for  the  enforcement  of  collection  of
  delinquent taxes provided by any general, special or local law.
    (b) If the commissioner should determine, within three years from  the
  filing of an application or certification pursuant to this section, that
  there  was a material misstatement on such application or certification,
  he or she shall proceed to impose a penalty tax against the property  of
  five  hundred  dollars,  in  accordance  with  the  local  law  or rules
  promulgated hereunder.
    8. Cessation of use. In the event that a property granted an exemption
  from  taxation pursuant to this section ceases to be used as the primary
  residence of such owner or owners or his, her or their parent or  child,
  such owner or owners shall so notify the commissioner of finance.

Last modified: August 26, 2006