US Laws, Codes, Statutes & Cases

 
    § 163. Application for correction of assessment for taxation.
    a. When used in this chapter:
    1.  "Class  designation"  shall  mean  the  determination, pursuant to
  section eighteen hundred two of the real property tax  law,  of  whether
  real property is included in class one, two, three or four.
    2.  "Excessive  assessment"  or an assessment which is excessive shall
  mean and include:
    (a) an entry on an assessment roll of the assessed valuation  or  real
  property which exceeds the full value of real property; or
    (b)  an  entry on an assessment roll of the taxable assessed valuation
  of real property which is excessive because the real property failed  to
  receive all or a portion of a partial exemption to which the property or
  owner  thereof  is  entitled pursuant to the law authorizing the partial
  exemption; or
    (c) an entry on an assessment roll of an assessed valuation  for  real
  property  which  is  excessive  because  of a failure to comply with the
  limitations on increases in assessed value set forth in section eighteen
  hundred five of the real property tax law.
    3. "Misclassification" or real property which is  misclassified  shall
  mean and include:
    (a)  an entry on an assessment roll of an incorrect class designation;
  or
    (b) an entry on an  assessment  roll  of  a  class  designation  which
  results  in  an  incorrect  allocation  of a parcel's assessed valuation
  between two or more classes.
    4. "Unequal assessment" or an assessment which is unequal  shall  mean
  and  include an entry on an assessment roll of the assessed valuation of
  real property which is made at a higher proportionate valuation than the
  assessed valuation of other real property in the same class on the  same
  roll by the same officer.
    5. "Unlawful assessment" or an assessment which is unlawful shall mean
  and include:
    (a)  an  entry  on  the  taxable  portion of an assessment roll of the
  assessed value of real property  which,  except  for  the  provisons  of
  section  four  hundred  ninety  of  the Real Property Tax Law, is wholly
  exempt from taxation; or
    (b) an entry on an assessment roll  of  the  assessed  value  of  real
  property  which  is  entirely  outside the boundaries of the city of New
  York; or
    (c) an entry on an assessment roll  of  the  assessed  value  of  real
  property which cannot be identified from the assessment roll description
  or tax map land parcel number on the assessment roll; or
    (d)  an  entry of the assessed value of real property on an assessment
  roll which has been made by a person or body without authority  to  make
  such entry.
    b.  During  the  time that the books of annual records of the assessed
  valuation of real estate are open for public inspection, any  person  or
  corporation  claiming  to be aggrieved by the assessed valuation of real
  estate may apply for correction of  such  assessment.  Such  application
  shall  be  duly  verified  by  a person having personal knowledge of the
  facts stated therein, provided that if  the  application  is  signed  by
  someone  other than the person or an officer of the corporation claiming
  to be aggrieved, the application must be accompanied by a duly  executed
  power  of attorney as prescribed by the rules and regulations of the tax
  commission.
    c. The  grounds  for  review  of  an  assessment  shall  be  that  the
  assessment complained of is excessive, unequal, or unlawful, or that the
  real property is misclassified.

    d.  The  application  with respect to an assessment shall be on a form
  prescribed  by  the  tax  commission  and  shall  contain  a   statement
  specifying the respect in which the assessment is excessive, unequal, or
  unlawful,  or  the  respect in which the real property is misclassified,
  and the reduction in assessed valuation or taxable assessed valuation or
  change in class designation or allocation of assessed valuation sought.
    e.  Except  in  the  case  of  a  multiple  or other dwelling which is
  occupied or is to be occupied exclusively by fewer than seven  families,
  all  income received or accrued and all expenses paid or incurred in the
  operation of the property, to be reported as follows:
    (a) if the applicant's books and records reflecting the  operation  of
  the  property are maintained on a calendar year basis, and the applicant
  operated the property or has knowledge of the  income  and  expenses  of
  said  operation for a period of operation of at least two calendar years
  preceding the first day of January of the year of the  application,  the
  income  and  expense  figures for the second calendar year preceding the
  date of the application shall be filed with the application;
    (b) if the applicant's books and records reflecting the  operation  of
  the  property are maintained on a calendar year basis, and the applicant
  has operated the property or has knowledge of the income and expenses of
  such operation for a period of less than two calendar years but at least
  six months of the calendar year immediately preceding the  date  of  the
  application,  the income and expense figures, related to the time during
  which the applicant operated the property or had knowledge of the income
  and expenses of the operation in the calendar year immediately preceding
  the date of the application, shall be filed either with the  application
  or  prior  to  the  twenty-fifth  day  of  March  in  the  year  of  the
  application;
    (c) if the applicant's books and records reflecting the  operation  of
  the  property  are  maintained on a fiscal year basis for federal income
  tax purposes and such fiscal year ended at least six months prior to the
  date of the application, and the applicant has operated the property for
  at least one year and six months prior to the date of the application or
  has knowledge of the income and expenses of the property for a period of
  at least one year and six months prior to the date of  the  application,
  the  income and expense figures of the operation of the property for the
  last complete fiscal year preceding the date of the application shall be
  filed with the application;
    (d) if the books and records reflecting the operation of the  property
  are  maintained  on  a fiscal year basis for federal income tax purposes
  and either such fiscal year ended less than six months prior to the date
  of the application, or the applicant has not operated  the  property  or
  has  no  knowledge  of the income and expenses of such operation for the
  last entire fiscal year which ended at least six  months  prior  to  the
  date  of  the  application,  income  and expense figures shall be filed,
  either with the application or prior to the twenty-fifth day of March in
  the year of the application, reflecting the period  of  the  applicant's
  operation  or  knowledge  of  the  operation  of the property during the
  fiscal year preceding the date of the application, provided such  period
  encompassed  at  least  six  months  and  further provided however, such
  fiscal year ends prior to the taxable status date under review;
    (e) if the applicant has not operated the property for  at  least  six
  months of the calendar year preceding the date of the application and is
  without  knowledge  of  the  income  and expenses of operation, it shall
  state such facts under oath in lieu of  filing  an  income  and  expense
  statement.
    f.  The  filing  of  an application in the manner and form hereinabove
  described shall be prerequisite to the review of a  final  determination

  of the tax commission as provided in section one hundred sixty-six. Such
  application,  in  the  case of real property indicated on a tax map by a
  parcel number, shall be filed in the office of the tax commission in the
  borough  in which such real property is situated and in the case of real
  property indicated by an identification number, it shall be filed in the
  main office of the tax commission. Employees of the commission  assigned
  by  the  president  for  the  purpose of receiving such applications are
  thereby authorized to administer oaths  between  the  fifteenth  day  of
  January and the first day of March.