2006 New York Code - Subject Of Assessment.

 
    *  §  304. Subject of assessment. All assessments shall be against the
  real property itself which shall be liable to sale pursuant to  law  for
  any unpaid taxes or special ad valorem levies.
    * NB (Effective until ruling by Commissioner of Internal Revenue)
    *  §  304.  Subject of assessment. 1. All assessments shall be against
  the real property itself which shall be liable to sale pursuant  to  law
  for any unpaid taxes or special ad valorem levies.
    2.  Where  real  property  in  whole or part is rented for residential
  purposes pursuant to a lease, or to the same occupant or  occupants  for
  twelve consecutive months duration or longer, or if the dwelling unit is
  subject  to  the  regulation  and  control  of residential rents and the
  occupants' rights and obligations of tenancy are created  and  protected
  by  such  regulation  and  control, a renter has an interest in the real
  property and is subject to articles nine and ten  of  this  chapter,  or
  laws  of  any municipality covering the levy and collection of taxes and
  the  enforcement  of  collection  of  delinquent  taxes,  whichever   is
  governing.  Nothing  in this subdivision shall relieve the owner of real
  property from the obligation for  paying  all  taxes  due  on  the  real
  property  under  his ownership or vitiate the sale of said real property
  for unpaid taxes or  special  ad  valorem  levies.  The  owner  of  real
  property, or his designated agent, is obligated to apply the first money
  received  each  month  from the renter to taxes due on the real property
  under his ownership.
    3. As used in this section the term "rent" means the amount  paid  for
  the  right  of  occupancy of a dwelling unit excluding charges for heat,
  gas, electricity, furnishings and board. Where such charges are included
  in the amount paid but are not treated consistently among dwelling units
  located within the real property and where such charges and  the  amount
  thereof are not separately set forth in the lease, the amount paid shall
  be reduced in the following manner:
    (A)  Fifteen percent of the rental paid shall be deducted for heat, or
  heat and gas;
    (B) Twenty percent of the rental paid shall be deducted for heat,  gas
  and electricity;
    (C) Twenty-five percent of the rental paid shall be deducted for heat,
  gas, electricity and furnishings;
    (D)  Fifty percent of the rental paid shall be deducted for heat, gas,
  electricity, furnishings and board.
    4. The attorney general shall prepare and submit to  the  commissioner
  of  internal  revenue  of  the United States a request for a ruling that
  payments of real property taxes made by a renter  in  such  municipality
  with  an  interest  in real property pursuant to subdivision two of this
  section, with respect to such  interest,  will  be  deductible  by  such
  renter pursuant to paragraph a of subdivision one of section one hundred
  sixty  four of the internal revenue code of nineteen hundred fifty-four,
  as amended.
    5. Immediately after the effective date of  this  section  and  on  or
  before  the  tax  status  date  of  the ensuing fiscal year and annually
  thereafter,  the  owner  of  the  real  property  shall  file  with  the
  appropriate  assessment department of the municipality in which the real
  property is located the rent roll covering all units of  said  property,
  including  names  of  those  renters  whose  interest  is  described  in
  subdivision two of this section and those renters who  have  elected  an
  interest as described in subdivision four of this section. This schedule
  of  rents  shall  include  all  units whether rented or not, and whether
  residential or not.  The assessors shall assign an assessed valuation to
  each rental unit of said real property by establishing the  relationship
  of  the  yearly  rent  for  the  unit  to the total yearly rent roll and
  applying this ratio to the assessment established for the real  property
  as  a  whole,  less  the assessment on that portion of the real property
  which the assessor may determine is not held for rental purposes.  Taxes
  on  such  real  property  not held for rental purposes shall be assessed
  solely against  the  owner  of  the  real  property  and  shall  not  be
  considered  in  determining  the assessed valuation of each rental unit.
  Where the residential real property is completed  after  the  first  tax
  status  day  after the effective date of this section, the owner of such
  real property shall file the required  information  with  the  assessors
  after  completion.  In  the  event  the  assessors  reassess  said  real
  property, the relationships established for the prior assessments  shall
  be applied to the new assessments. The assessments so established may be
  entered  on  the  assessment  roll itself or attached as an appendage to
  such assessment roll but in any event  the  assessments  for  said  real
  property  shall be deemed a composite of the total of the assessments of
  each individual unit's assessment, and those renters whose  interest  is
  described  in subdivision two of this section and those renters who have
  elected an interest as described in subdivision  four  of  this  section
  shall  be  personally  liable  for  the  taxes levied on the assessments
  declared for their respective units. It shall be the  responsibility  of
  the owner of the real property to notify the assessors of all changes in
  occupancy  including  notification  when a vacant unit is occupied or an
  occupied unit becomes vacant. The assessors on or before tax status  day
  will issue in writing to the owner a listing of the assessments assessed
  for  each unit. This listing shall state the amount of taxes each renter
  whose interest is described in subdivision two of this section and  each
  renter  who  has elected an interest as described in subdivision four of
  this section must pay each calendar month of the assessing unit's fiscal
  year. The landlord shall make this listing available to each tenant upon
  occupancy  and  thereafter  upon  receipt  of  such  listing  from   the
  assessors.
    * NB (Effective pending ruling by Commissioner of Internal Revenue)