New York Real Property Taxes Due And Payable.
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§ 1519. Real property taxes due and payable. The commissioner,
immediately after receiving the assessment rolls, shall give notice for
at least five days in the City Record that the assessment rolls have
been delivered to the commissioner and that all taxes shall be due and
payable at the commissioner's office as follows:
1. a. With respect to all properties which are:
(1) real property with an assessed valuation of forty thousand dollars
or less on such assessment roll, except such property held in a
cooperative form of ownership;
(2) real property held in a cooperative form of ownership, provided
that the assessed valuation on such assessment roll of such property
divided by the number of dwelling units contained in such property shall
equal forty thousand dollars or less;
(3) for the fiscal year commencing on the first day of July, nineteen
hundred ninety-eight, and for each fiscal year thereafter, real property
(i) with an assessed valuation of eighty thousand dollars or less on
such assessment roll, except such property held in a cooperative form of
ownership, and (ii) classified as class one or class two in accordance
with subdivision one of section eighteen hundred two of the real
property tax law as such subdivision was in effect on January fifth,
nineteen hundred ninety-seven; and
(4) for the fiscal year commencing on the first day of July, nineteen
hundred ninety-eight, and for each fiscal year thereafter, real property
held in a cooperative form of ownership, provided that (i) the assessed
valuation on such assessment roll of such property divided by the number
of dwelling units contained in such property shall equal eighty thousand
dollars or less, and (ii) such property is classified as class one or
class two in accordance with subdivision one of section eighteen hundred
two of the real property tax law as such subdivision was in effect on
January fifth, nineteen hundred ninety-seven; all taxes upon real estate
for each fiscal year shall be due and payable in four equal installments
each of which shall be due and payable in such year as follows: the
first payment on the first day of July, the second payment on the first
day of October, the third payment on the first day of January, the
fourth payment on the first day of April. However, if any property is
acquired by the city in condemnation proceedings, the proportionate
share of the amount of the tax on such property which would be due and
payable on the next succeeding installment date, shall be due and
payable on the date when the title to such property vests in the city.
b. With respect to real property other than such property listed in
paragraph a of this subdivision one, for the fiscal year commencing on
the first day of July nineteen hundred eighty-three and for each fiscal
year thereafter: all taxes upon real estate for each fiscal year shall
be due and payable in two equal installments, the first of which shall
be due and payable on the first day of July in such year, and the second
of which shall be due and payable on the first day of January in such
year. However, if any property is acquired by the city in condemnation
proceedings, the proportionate share of the amount of the tax on such
property which would be due and payable on the next succeeding
installment date, shall be due and payable on the date when the title to
such property vests in the city.
2. All taxes shall be and become liens on the real estate affected
thereby and shall be construed as and deemed to be charged thereon on
the respective days when they become due and payable, and not earlier,
and shall remain such liens until paid.
3. Any installment of taxes on real estate for any fiscal year may be
paid, in full or in part, twenty-five days prior to the date on which
the first installment for such fiscal year would otherwise become due
and payable or at any time thereafter and, provided that payment of any
installment or part thereof is made not later than fifteen days prior to
the date that such installment would otherwise become due and payable
and provided that all prior installments shall have been paid or shall
be paid at the same time, a discount shall be allowed from the date of
payment of such installment or part thereof to and including the
fifteenth day of the calendar month on which such installment would
otherwise become due and payable at the rate fixed by the council and a
receipt shall be furnished to the extent of such payment and the
discount thereon. Upon payment of any such installment or part thereof
prior to the date such installment would otherwise become due and
payable, such installment or part thereof shall be deemed due and
payable and shall be satisfied and extinguished to the extent of the
amount so paid plus the discount provided for herein. Not later than the
fifteenth day of May in each year, the banking commission shall transmit
a written recommendation to the council of the proposed discount rate
for the ensuing fiscal year. The council may adopt a discount rate for
such ensuing fiscal year on the fifth day of June preceding such ensuing
fiscal year or at any time thereafter. As used in this subdivision, the
words "taxes on real estate," in the case of utility companies, shall
also include special franchise taxes.
4. a. (1) Notwithstanding anything in subdivision three to the
contrary, the discount allowed pursuant to such subdivision shall not be
allowed to and including the fifteenth day of the calendar month in
which an installment of taxes on real property would otherwise become
due and payable if the real property with respect to which such
installment is paid is described in paragraph b of this subdivision.
With respect to real property described in paragraph b, the discount
shall be allowed only to and including the date on which an installment
of taxes becomes due and payable.
(2) Notwithstanding anything in subdivision three to the contrary, no
discount shall be allowed with respect to an installment of taxes on
real property described in paragraph b of this subdivision unless such
installment is paid no later than thirty days prior to the date on which
such installment becomes due and payable.
b. Real property is described in this paragraph if:
(1) its assessed valuation is more than forty thousand dollars,
provided that, for this purpose, real property held in a cooperative
form of ownership shall not be deemed to have an assessed valuation of
more than forty thousand dollars if its assessed valuation divided by
the number of dwelling units contained therein equals forty thousand
dollars or less, except that for the fiscal year commencing on the first
day of July, nineteen hundred ninety-eight, and for each fiscal year
thereafter, such property shall not include real property with an
assessed valuation of eighty thousand dollars or less, provided that,
for this purpose, real property held in a cooperative form of ownership
shall not be deemed to have an assessed valuation of more than eighty
thousand dollars if its assessed valuation divided by the number of
dwelling units contained therein equals eighty thousand dollars or less,
and provided, further, that such real property or such real property
held in a cooperative form of ownership is classified as class one or
class two in accordance with subdivision one of section eighteen hundred
two of the real property tax law as such subdivision was in effect on
January fifth, nineteen hundred ninety-seven; or
(2) irrespective of its assessed valuation, real property taxes on
such property are held in escrow and paid to the commissioner by a
mortgage escrow agent.
c. For purposes of this subdivision, the term "mortgage escrow agent"
shall include every banking organization, federal savings bank, federal
savings and loan association, federal credit union, bank, trust company,
licensed mortgage banker, savings bank, savings and loan association,
credit union, insurance corporation organized under the laws of any
state other than New York, or any other person, entity or organization
which, in the regular course of its business, requires, maintains or
services escrow accounts in connection with mortgages on real property
located in the city.
5. The provisions of this section shall not apply to any installment
of tax that becomes due and payable on or after July first, two thousand
five.