2010 New York Code
RPP - Real Property
Article 9-B - (339-D - 339-KK) Condominium Act
339-Y - Separate taxation.

§  339-y.  Separate  taxation.  1.  (a)  With  respect to all property
  submitted to the provisions of this article other than property which is
  the subject of a qualified leasehold  condominium,  each  unit  and  its
  common interest, not including any personal property, shall be deemed to
  be  a parcel and shall be subject to separate assessment and taxation by
  each assessing unit, school district, special district, county or  other
  taxing  unit, for all types of taxes authorized by law including but not
  limited to special ad valorem levies  and  special  assessments,  except
  that  the  foregoing  shall  not  apply  to  a  unit held under lease or
  sublease unless the declaration requires the unit owner to pay all taxes
  attributable to his unit. Neither the building, the property nor any  of
  the common elements shall be deemed to be a parcel.
    (b)  In  no  event  shall the aggregate of the assessment of the units
  plus their common interests exceed the total valuation of  the  property
  were the property assessed as a parcel.
    (c) For the purposes of this and the next succeeding section the terms
  "assessing  unit",  "assessment",  "parcel",  "special ad valorem levy",
  "special assessment", "special district", "taxation" and  "taxes"  shall
  have  the  meanings  specified  in  section  one hundred two of the real
  property tax law.
    (d) The provisions of paragraph (b)  of  this  subdivision  shall  not
  apply to such real property classified within:
    (i) on and after January first, nineteen hundred eighty-six, class one
  of  section one thousand eight hundred two of the real property tax law;
  or
    (ii) on and after January first,  nineteen  hundred  eighty-four,  the
  homestead  class  of  an  approved  assessing unit which has adopted the
  provisions of section one  thousand  nine  hundred  three  of  the  real
  property  tax  law,  or  the  homestead  class of the portion outside an
  approved assessing unit of an eligible split school district  which  has
  adopted  the  provisions of section nineteen hundred three-a of the real
  property tax law; provided, however, that, in an approved assessing unit
  which adopted the provisions of section one thousand nine hundred  three
  of  the  real  property  tax  law  prior  to  the effective date of this
  subdivision, paragraph (b) of this subdivision shall apply to  all  such
  real  property  (i)  which  is  classified  within  the  homestead class
  pursuant to paragraph one of subdivision (e)  of  section  one  thousand
  nine hundred one of the real property tax law and (ii) which, regardless
  of  classification,  was  on  the assessment roll prior to the effective
  date of this subdivision unless the  governing  body  of  such  approved
  assessing  unit  provides  by  local law adopted after a public hearing,
  prior to the taxable status date of such assessing unit  next  occurring
  after  December  thirty-first,  nineteen hundred eighty-three, that such
  paragraph (b) shall not apply to such real property to which this clause
  applies.  Provided  further,  however,  real  property  subject  to  the
  provisions   of   this   subparagraph  shall  be  assessed  pursuant  to
  subdivision two of section five hundred eighty-one of the real  property
  tax law.
    (e)  On  the  first  assessment  roll with a taxable status date on or
  after the effective date of  a  declaration  filed  with  the  recording
  officer  and  on  every  assessment  roll thereafter, the assessor shall
  enter each unit as a parcel,  as  provided  in  paragraph  (a)  of  this
  subdivision, based upon the condition and ownership of each such unit on
  the  appropriate  valuation  and  taxable status dates. Units owned by a
  developer may be entered as a single parcel with  a  parcel  description
  corresponding  to  the entire development, including the land under such
  development, and excluding those units appearing  separately.  Upon  the

first  assessment  roll  where each unit is separately assessed, only an
  individual unit and its common interest shall constitute a parcel.
    (f)  The  provisions  of  paragraph  (b) of this subdivision shall not
  apply to a converted condominium unit in a municipal  corporation  other
  than  a  special assessing unit, which has adopted, prior to the taxable
  status date of the assessment roll upon which its taxes will be  levied,
  a  local  law or, for a school district, a resolution providing that the
  provisions of paragraph (b) of this subdivision shall  not  apply  to  a
  converted  condominium  unit  within  that  municipal  corporation.    A
  converted condominium unit for purposes of this paragraph shall  mean  a
  dwelling  unit held in condominium form of ownership that has previously
  been on an assessment roll as a dwelling unit in other than  condominium
  form of ownership, and has not been previously subject to the provisions
  of paragraph (b) of this subdivision.
    2. With respect only to qualified leasehold condominiums:
    (a)  Each  unit,  its  common  interest,  not  including  any personal
  property, and the proportionate undivided  part  of  the  real  property
  which  is  the  subject  of  a  qualified  leasehold  condominium and is
  allocated to such unit (as  expressed  in  the  declaration),  shall  be
  deemed  to  be  a parcel, shall be subject to separate assessment to the
  unit owner and shall be subject to  taxation  by  each  assessing  unit,
  school  district,  special district, county or other taxing unit for all
  types of taxes authorized by law including, but not limited to,  special
  ad  valorem  levies  and  special assessments. Neither the real property
  which is the subject of a qualified leasehold condominium, the building,
  the property nor any of the common elements shall  be  deemed  to  be  a
  parcel.  In  no event shall the aggregate of the assessment of the units
  plus their common interests plus their proportionate undivided parts (as
  expressed in the declaration) of said real  property  exceed  the  total
  valuation  of  the  property and said real property assessed as a single
  parcel owned in fee. No provision of this paragraph shall be  deemed  to
  subject  to  taxation  any  parcel  or  part  thereof which, pursuant to
  applicable law, is either exempt from taxation or with respect to  which
  no taxes are payable.
    (b)  For the purposes of section five hundred two of the real property
  tax law, both the unit owner and the owner of the real property which is
  the subject of a qualified leasehold condominium shall be deemed  to  be
  the  owner  of  the  parcel  in  which  such unit is included; provided,
  however, that for the purposes of section nine hundred twenty-six of the
  real property tax law, only the unit owner shall be deemed the owner  of
  the  parcel in which such unit is included and only the unit owner shall
  be personally liable for the payment of any taxes assessed against  such
  parcel.  Only  the  fee  owner  of  the  land  which is the subject of a
  qualified leasehold condominium, however, shall  be  deemed  to  be  the
  owner  of  the  parcel  in  which a unit is included for the purposes of
  determining whether such parcel is subject to or exempt from taxation or
  whether no taxes are payable with respect thereto.
    (c) The taxes assessed against each unit, its common interest and  the
  proportionate  undivided  part of the real property which is the subject
  of  a  qualified  leasehold  condominium  allocated  to  such  unit  (as
  expressed  in  the  declaration), shall constitute a lien solely on that
  unit, its common interest and the proportionate undivided part  of  said
  real  property allocated to such unit (as expressed in the declaration),
  and such taxes shall not constitute a lien on  any  other  unit  or  the
  common interest of any other unit or the proportionate undivided part of
  said  real  property  allocated  to  any other unit (as expressed in the
  declaration).

(d) At such time as the real  property  which  is  the  subject  of  a
  qualified  leasehold  condominium is submitted to the provisions of this
  article, the assessing unit  shall  make  provision  so  that  the  real
  property  which  (i)  is  not  the  subject  of  a  qualified  leasehold
  condominium  and  (ii) immediately prior to such submission was included
  in a parcel in which there also was included all or any part of the real
  property which  is  (immediately  subsequent  to  such  submission)  the
  subject of a qualified leasehold condominium, is established as a single
  parcel  on  the  assessment  roll  and  tax  map of such assessing unit,
  separate and apart from any real property which  is  the  subject  of  a
  qualified leasehold condominium.
    3.  All  provisions  of  a  declaration relating to a unit, its common
  interest and the proportionate undivided part of the real property which
  is the subject of a qualified leasehold condominium  allocated  to  such
  unit  (as  expressed  in the declaration), which has been sold for taxes
  shall survive and shall be enforceable after the issuance of a tax  deed
  for  such  unit  to  the  same  extent  that  such  provisions  would be
  enforceable against a voluntary grantee of such unit  immediately  prior
  to the delivery of such tax deed.
    4.  The  board  of managers may act as an agent of each unit owner who
  has given his written authorization to seek administrative and  judicial
  review  of an assessment made in accordance with subdivision one of this
  section, pursuant to title one-A  of  article  five  and  title  one  of
  article  seven  of  the real property tax law. The board of managers may
  retain legal counsel on behalf of all unit owners for which it is acting
  as agent and to charge  all  such  unit  owners  a  pro  rata  share  of
  expenses,  disbursements  and  legal fees for which charges the board of
  managers  shall  have  a  lien  pursuant  to   section   three   hundred
  thirty-nine-z.
    5. Notwithstanding the provisions of any general, special or local law
  to  the  contrary, in a city having a population of one million or more,
  the board of managers shall be authorized to act as the  sole  agent  on
  behalf of all unit owners, without authorization of each unit owner, for
  the limited purpose of determining whether or not to waive prospectively
  the  benefit  of  real  property  tax  abatement  and  exemption for the
  property in order to qualify for a partial abatement  of  real  property
  taxes  pursuant  to  section  four  hundred  sixty-seven-a  of  the real
  property tax law.

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