2006 New York Code - Procedure On Application For Correction Of An Assessment Of Class One Property.

 
    §  164-b.  Procedure on application for correction of an assessment of
  class one property.
    a. When used in this section:
    1. "Class designation"  shall  mean  the  determination,  pursuant  to
  article  eighteen 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 of 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  real
  property  or  owner  thereof is entitled pursuant to the law authorizing
  the partial exemption; or
    (c) an entry on the 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 the 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 improved by a one, two or three family residence which  is
  made  at  either  a  higher  proportion  of full value than the assessed
  valuation of other residential property on the same roll or at a  higher
  proportion  of  full  value  than  the  assessed  valuation  of all real
  property on the same roll.
    5. "Unlawful assessment" or an assessment which is unlawful shall mean
  and include:
    (a) an entry on the taxable portion of  the  assessment  roll  of  the
  assessed  valuation of real property which, except for the provisions 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 valuation 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 valuation 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  valuation  of  real  property  on  an
  assessment  roll  which  has  been  made by a person or body without the
  authority to make such entry.
    b.  Notwithstanding  any  other   provision   of   this   charter   or
  administrative  code, any party claiming to be aggrieved by the assessed
  valuation of a parcel designated class one pursuant to the provisions of
  article eighteen of the real property tax law may apply  for  correction
  of such assessment from the fifteenth day of January until the fifteenth
  day  of  March,  including the filing of exemptions for senior citizens,
  and the office of the real property assessment bureau of the  department
  of  finance  in  each  borough  shall  remain  open  for  accepting such
  applications during  normal  business  hours  and  for  at  least  three
  additional hours each week.


    c.  the  grounds  for  review  of  an  assessment  shall  be  that the
  assessment complained of is excessive, unequal, unlawful,  or  that  the
  real property is misclassified.
    d.  The  application  for  correction of 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.
  Such  application  must be made by the aggrieved party or by some person
  authorized in writing by the aggrieved party or his agent to  make  such
  statement  who  has  knowledge of the facts stated therein. Such written
  authorization must be made a part of the application  and  bear  a  date
  within  one  year of the date on which the application is filed. In lieu
  of a verification the application shall contain the following  sentence:
  "I  certify  that all statements made on this application, including the
  attached sheet(s) consisting of ____ pages, are true and correct to  the
  best  of my knowledge and belief and I understand that the making of any
  willful false statement of material fact herein will subject me  to  the
  provisions  of  the penal law relevant to the making and filing of false
  statements."
    e. The tax commission shall thereafter determine  the  final  assessed
  valuation  or  taxable  assessed  valuation, or the actual assessment or
  transition assessment, or the  proper  class  designation  of  the  real
  property  of  each  applicant.  When  the  applicant  specifies that the
  assessment is unequal, in addition to other evidence presented, the  tax
  commission  shall  consider  the residential assessment ratio determined
  pursuant to section seven hundred thirty-eight of the real property  tax
  law.  The final assessed valuation or taxable assessed valuation of real
  property may be the same as or less than the original assessment or,  if
  determined  to  be unlawful, the same shall be ordered stricken from the
  roll or where appropriate entered on the exempt portion of the roll.  If
  it  is  determined  that the real property is misclassified, the correct
  class designation or allocation of assessed valuation shall  be  ordered
  entered on the roll.
    f.  All  other  provisions  of  law  shall  apply  to  the  review  of
  applications for correction of tentative assessed valuation of class one
  property except when inconsistent with any provision of this section.